167 
water supply at the Red Hill Bulk Fuel Facility be-
fore May 2021. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘appropriate congressional commit-
tees’’ means— 
(1) the congressional defense committees; 
(2) the Committee on Energy and Commerce of 
the House of Representatives; and 
(3) the Committee on Energy and Natural Re-
sources of the Senate. 
SEC. 336. STUDIES RELATING TO WATER NEEDS OF THE 
ARMED FORCES ON OAHU. 
(a) STUDY ON FUTURE WATER NEEDS OF OAHU.— 
(1) IN GENERAL.—Not later than July 31, 2023, 
the Secretary of the Defense, in coordination with the 
Honolulu Board of Water Supply, shall conduct a 
study on how the Department of Defense can best ad-
dress the future water needs on the island of Oahu for 
the Armed Forces. Such study shall include consider-
ation of— 
(A) the construction of a new water treat-
ment plant or plants; 
(B) the construction of a new well for use 
by members of the Armed Forces and the civilian 
population; 
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(C) the construction of a new well for the 
exclusive use of members of the Armed Forces; 
(D) transferring ownership and operation of 
existing Department of Defense utilities to a mu-
nicipality or existing publicly owned utility; 
(E) conveying the Navy utilities to the 
Honolulu Board of Water Supply, with consider-
ation; and 
(F) any other water solutions the Secretary 
determines appropriate. 
(2) COORDINATION.—In carrying out the study 
under paragraph (1), the Secretary shall coordinate 
with the State of Hawaii, the Honolulu Board of 
Water Supply, the Secretary of the Department in 
which the Coast Guard is operating, the Adminis-
trator of the Environmental Protection Agency, and 
any other individual or entity the Secretary deter-
mines appropriate. 
(b) HYDROLOGICAL STUDY.— 
(1) IN GENERAL.—Not later than July 31, 2023, 
the Secretary of Defense shall enter into an agreement 
with the Administrator of the Environmental Protec-
tion Agency and the Director of the United States Ge-
ological Survey, in consultation with the State of Ha-
waii, to perform a study to model the groundwater 
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flow in the area surrounding the Red Hill Bulk Fuel 
Storage Facility. The model shall be designed to— 
(A) seek to improve the understanding of 
the direction and rate of groundwater flow and 
dissolved 
constituent 
migration 
within 
the 
aquifers around the facility; 
(B) reflect site specific data, including 
available data of the heterogeneous subsurface 
geologic system; and 
(C) address any previously identified defi-
ciencies in existing groundwater flow models. 
(2) DEADLINE
FOR
COMPLETION.—The study 
under paragraph (1) shall be completed by not later 
than one year after the date of the enactment of this 
Act. 
(c) REPORT; BRIEFING.— 
(1) IN GENERAL.—Upon completion of the stud-
ies under subsections (a) and (b), the Secretary 
shall— 
(A) submit to the appropriate congressional 
committees a report on the findings of the stud-
ies; and 
(B) provide to such committees a briefing 
on such findings. 
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(2) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate con-
gressional committees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Transportation and 
Infrastructure and the Committee on Energy 
and Commerce of the House of Representatives; 
and 
(C) the Committee on Commerce, Science, 
and Transportation and the Committee on Envi-
ronment and Public Works of the Senate. 
SEC. 337. STUDY ON ALTERNATIVE USES FOR RED HILL 
BULK FUEL FACILITY. 
(a) STUDY REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall seek to enter into an agreement with a 
federally funded research and development center that 
meets the criteria specified in paragraph (2) under 
which such center will conduct a study to determine 
the range of feasible alternative Department of De-
fense uses for the Red Hill Bulk Fuel Facility and 
provide to the Secretary a report on the findings of 
the study. The conduct of such study shall include— 
(A) engagement with stakeholders; 
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(B) a review of historical alternative uses of 
facilities with similar characteristics; and 
(C) such other modalities as determined 
necessary to appropriately identify alternative 
use options, including data and information col-
lected from various stakeholders and through site 
visits to physically inspect the facility. 
(2) CRITERIA FOR FFRDC.—The federally funded 
research and development center with which the Sec-
retary seeks to enter into an agreement under para-
graph (1) shall meet the following criteria: 
(A) A primary focus on studies and anal-
ysis. 
(B) A record of conducting research and 
analysis using a multidisciplinary approach. 
(C) Demonstrated specific competencies 
in— 
(i) life cycle cost-benefit analysis; 
(ii) military facilities and how such 
facilities support missions; and 
(iii) the measurement of environmental 
impacts. 
(D) A strong reputation for publishing pub-
licly releasable analysis to inform public debate. 
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(b) COST-BENEFIT ANALYSIS.—An agreement entered 
into pursuant to subsection (a) shall specify that the study 
conducted under the agreement will include a cost-benefit 
analysis of the feasible Department of Defense alternative 
uses considered under the study. Such cost-benefit analysis 
shall cover each of the following for each such alternative 
use: 
(1) The design and construction costs. 
(2) Life-cycle costs, including the operation and 
maintenance costs of operating the facility, such as 
annual operating costs, predicted maintenance costs, 
and any disposal costs at the end of the useful life of 
the facility. 
(3) Any potential military benefits. 
(4) Any potential benefits for the local economy, 
including any potential employment opportunities for 
members of the community. 
(5) A determination of environmental impact 
analysis requirements. 
(6) The effects of the use on future mitigation ef-
forts. 
(7) Any additional factors determined to be rel-
evant by the federally funded research and develop-
ment center in consultation with the Secretary. 
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Subtitle 
D—Treatment 
of 
Perfluoroalkyl Substances and 
Polyfluoroalkyl Substances 
SEC. 341. PRIZES FOR DEVELOPMENT OF NON-PFAS-CON-
TAINING TURNOUT GEAR. 
Section 330 of the National Defense Authorization Act 
for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3528; 
10 U.S.C. 2661 note prec.) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘of a non-PFAS-con-
taining’’ and inserting ‘‘of the following:’’ 
‘‘(1) A non-PFAS-containing’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) Covered personal protective firefighting 
equipment that does not contain an intentionally 
added perfluoroalkyl substance or polyfluoroalkyl sub-
stance.’’; and 
(2) by amending subsection (f) to read as follows: 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘perfluoroalkyl substance’ means a 
man-made chemical of which all of the carbon atoms 
are fully fluorinated carbon atoms. 
‘‘(2) The term ‘polyfluoroalkyl substance’ means 
a man-made chemical containing at least one fully 
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fluorinated carbon atom and at least one non-fully 
fluorinated carbon atom. 
‘‘(3) The term ‘covered personal protective fire-
fighting equipment’’ means the following: 
‘‘(A) Turnout gear jacket or coat. 
‘‘(B) Turnout gear pants. 
‘‘(C) Turnout coveralls. 
‘‘(D) Any other personal protective fire-
fighting equipment, as determined by the Sec-
retary of Defense, in consultation with the Ad-
ministrator of the United States Fire Adminis-
tration.’’. 
SEC. 342. MODIFICATION TO RESTRICTION ON DEPART-
MENT OF DEFENSE PROCUREMENT OF CER-
TAIN 
ITEMS 
CONTAINING 
PERFLUOROOCTANE 
SULFONATE 
OR 
PERFLUOROOCTANOIC ACID. 
(a) MODIFICATION.—Section 333 of the William M. 
(Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3531, 
10 U.S.C. 3063 note) is amended— 
(1) 
in 
the 
section 
heading, 
by 
striking 
‘‘PERFLUOROOCTANE
SULFONATE
OR 
PERFLUOROOCTANOIC
ACID’’ 
and 
inserting 
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‘‘PERFLUOROALKYL
SUBSTANCES
OR 
POLYFLUOROALKYL SUBSTANCES’’; 
(2) 
in 
subsection 
(a), 
by 
striking 
‘‘perfluorooctane 
sulfonate 
(PFOS) 
or 
perfluorooctanoic acid (PFOA)’’ and inserting ‘‘any 
perfluoroalkyl substance or polyfluoroalkyl substance’’; 
and 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered item’ means the following: 
‘‘(A) Nonstick cookware or food service ware 
for use in galleys or dining facilities. 
‘‘(B) Food packaging materials. 
‘‘(C) Cleaning products, including floor 
waxes. 
‘‘(D) Carpeting. 
‘‘(E) Rugs, curtains, and upholstered fur-
niture. 
‘‘(F) Sunscreen. 
‘‘(G) Shoes and clothing for which treat-
ment 
with 
a 
perfluoroalkyl 
substance 
or 
polyfluoroalkyl substance is not necessary for an 
essential function. 
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‘‘(2) The term ‘perfluoroalkyl substance’ means a 
man-made chemical of which all of the carbon atoms 
are fully fluorinated carbon atoms. 
‘‘(3) The term ‘polyfluoroalkyl substance’ means 
a man-made chemical containing at least one fully 
fluorinated 
carbon 
atom 
and 
at 
least 
one 
nonfluorinated carbon atom.’’. 
(b) REPORTS ON PROCUREMENT OF CERTAIN ITEMS 
WITHOUT INTENTIONALLY ADDED PERFLUOROALKYL SUB-
STANCES OR POLYFLUOROALKYL SUBSTANCES.—Not later 
than 270 days after the date of the enactment of this Act, 
and annually thereafter, the Secretary of Defense shall sub-
mit to the Committees on Armed Services of the House of 
Representatives and the Senate a report containing a de-
tailed description of the following: 
(1) Steps taken to identify covered items with 
any intentionally added perfluoroalkyl substance or 
polyfluoroalkyl substance procured by the Department 
of Defense. 
(2) Steps taken to identify covered items without 
any intentionally added perfluoroalkyl substance or 
polyfluoroalkyl substance, and the vendors of such 
covered items, for procurement by the Department. 
(3) Steps taken to limit the procurement by the 
Department of covered items with any intentionally 
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added perfluoroalkyl substance or polyfluoroalkyl sub-
stance. 
(4) Planned steps of the Department to limit the 
procurement of items with any intentionally added 
perfluoroalkyl substance or polyfluoroalkyl substance. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered item’’ includes the fol-
lowing: 
(A) Nonstick cookware or food service ware 
for use in galleys or dining facilities. 
(B) Food packaging materials. 
(C) Cleaning products, including floor 
waxes. 
(D) Carpeting. 
(E) Rugs, curtains, and upholstered fur-
niture. 
(F) Sunscreen. 
(G) Shoes and clothing for which treatment 
with 
a 
perfluoroalkyl 
substance 
or 
polyfluoroalkyl substance is not necessary for an 
essential function. 
(H) Such other items as may be determined 
by the Secretary of Defense. 
(2) The terms ‘‘perfluoroalkyl substance’’ and 
‘‘polyfluoroalkyl substance’’ have the meaning given 
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such terms in section 333 of the William M. (Mac) 
Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283; 134 Stat. 
3531, 10 U.S.C. 3063 note), as amended by subsection 
(a). 
SEC. 343. PROHIBITION ON PURCHASE BY DEPARTMENT OF 
DEFENSE 
OF 
FIREFIGHTING 
EQUIPMENT 
CONTAINING PER- AND POLYFLUOROALKYL 
SUBSTANCES. 
(a) PROHIBITION ON PROCUREMENT.—Except as pro-
vided in subsection (d), beginning October 1, 2025, the Sec-
retary of Defense may not enter into any contract for the 
purchase of personal protective firefighting equipment for 
use by firefighters of the Department of Defense if such 
equipment contains a per- or polyfluoroalkyl substance. 
(b) IMPLEMENTATION.—The Secretary of Defense shall 
include the prohibition under subsection (a) in any contract 
for the purchase of personal protective firefighting equip-
ment for use by firefighters of the Department of Defense. 
(c) SAVINGS CLAUSE.—Nothing in this section shall be 
construed— 
(1) to require the Secretary of Defense to test any 
piece of covered personal protective firefighting equip-
ment 
to 
confirm 
the 
absence 
of 
per- 
and 
polyfluoroalkyl substances; or 
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(2) to affect existing inventories of personal pro-
tective firefighting equipment. 
(d) LACK OF AVAILABILITY.— 
(1) IN GENERAL.—If the Secretary of Defense de-
termines that equipment described in paragraph (2) 
is not available for purchase by the Department of 
Defense, the requirement under subsection (a) shall 
not apply until such date as the Secretary determines 
that such equipment is available for purchase. 
(2) EQUIPMENT DESCRIBED.—The equipment de-
scribed in this paragraph is personal protective fire-
fighting equipment that— 
(A) 
does 
not 
contain 
a 
per- 
or 
polyfluoroalkyl substance; 
(B) meets every applicable standard for per-
sonal protective firefighting equipment (other 
than a standard specifically relating to per- or 
polyfluoroalkyl substances); and 
(C) is at least as protective as current per-
sonal protective firefighting equipment con-
taining a per- or polyfluoroalkyl substance. 
SEC. 344. STANDARDS FOR RESPONSE ACTIONS WITH RE-
SPECT TO PFAS CONTAMINATION. 
(a) IN GENERAL.—In conducting a response action to 
address perfluoroalkyl or polyfluoroalkyl substance con-
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tamination from Department of Defense or National Guard 
activities, the Secretary of Defense shall conduct such ac-
tions to achieve a level of such substances in the environ-
mental media that meets or exceeds the most stringent of 
the following standards for each applicable covered PFAS 
substance in any environmental media: 
(1) A State standard, as described in section 
121(d)(2)(A)(ii) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9621(d)(2)(A)(ii)), that is in effect in the 
State in which the response action is being conducted, 
regardless of whether any agency has made a deter-
mination under section 300.400(g) of title 40, Code of 
Federal Regulations, with respect to such standard for 
purposes of the response action. 
(2) A Federal standard, as described in section 
121(d)(2)(A)(i) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9621(d)(2)(A)(i)). 
(3) 
A 
health 
advisory 
under 
section 
1412(b)(1)(F) of the Safe Drinking Water Act (42 
U.S.C. 300g–1(b)(1)(F)). 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered PFAS substance’’ means 
any of the following: 
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(A) Perfluorononanoic acid (PFNA). 
(B) Perfluorooctanoic acid (PFOA). 
(C) Perfluorohexanoic acid (PFHxA). 
(D) Perfluorooctane sulfonic acid (PFOS). 
(E) Perfluorohexane sulfonate (PFHxS). 
(F) Perfluorobutane sulfonic acid (PFBS). 
(G) Perfluoroheptanoic acid (PFHpA). 
(H) Perfluorodecanoic acid (PFDA). 
(I) Fluorotelomer sulfonamide betaine. 
(2) The term ‘‘response action’’ means an action 
taken pursuant to section 104 of the Comprehensive 
Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9604). 
(c) SAVINGS CLAUSE.—Except with respect to the spe-
cific level required to be met under subsection (a), nothing 
in this section affects the application of the Comprehensive 
Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.). 
SEC. 345. LIST OF CERTAIN PFAS USES DEEMED ESSENTIAL; 
BRIEFINGS ON DEPARTMENT OF DEFENSE 
PROCUREMENT OF CERTAIN ITEMS CON-
TAINING PFOS OR PFOA. 
(a) LIST OF PFAS USES DEEMED ESSENTIAL.—Not 
later than June 1, 2023, the Secretary of Defense shall sub-
mit to the Committees on Armed Services of the House of 
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Representatives and the Senate a list of each known use 
of per- or polyfluoroalkyl substances that the Secretary has 
deemed an essential use for which use of a replacement sub-
stance is impossible or impracticable. For each use so listed, 
the Secretary shall— 
(1) identify why the use is essential; and 
(2) provide a brief explanation as to why such 
replacement is impossible or impracticable, as the 
case may be. 
(b) ANNUAL BRIEFINGS.—Not later than 270 days 
after the date of the enactment of this Act, and annually 
thereafter, the Secretary of Defense shall provide to the 
Committees on Armed Services of the House of Representa-
tives and the Senate a briefing that includes a description 
of each of the following: 
(1) Steps taken to identify covered items pro-
cured by the Department of Defense that contain 
perfluorooctane sulfonate (PFOS) or perfluorooctanoic 
acid (PFOA). 
(2) Steps taken to identify products and vendors 
of covered items that do not contain PFOS or PFOA. 
(3) Steps taken to limit the procurement by the 
Department of covered items that contain PFOS or 
PFOA. 
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(4) Steps the Secretary intends to take to limit 
the procurement of covered items that contain PFOS 
or PFOA. 
(c) COVERED ITEM DEFINED.—In this section, the 
term ‘‘covered item’’ means— 
(1) nonstick cookware or cooking utensils for use 
in galleys or dining facilities; and 
(2) upholstered furniture, carpets, and rugs that 
have been treated with stain-resistant coatings. 
Subtitle E—Logistics and 
Sustainment 
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATE-
RIEL READINESS METRICS AND OBJECTIVES 
FOR MAJOR DEFENSE ACQUISITION PRO-
GRAMS. 
(a) IN GENERAL.—Section 118 of title 10, United 
States Code, is amended: 
(1) in subsection (d)(2), by striking ‘‘objectives’’ 
and inserting ‘‘objectives, such as infrastructure, 
workforce, or supply chain considerations’’; 
(2) redesignating subsection (e) as subsection (f); 
and 
(3) inserting after subsection (d) the following 
new subsection (e): 
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‘‘(e) FUNDING ESTIMATES.—Not later than five days 
after the date on which the Secretary of Defense submits 
to Congress the materials in support of the budget of the 
President for a fiscal year, the Director of Cost Assessment 
and Performance Evaluation shall submit to the congres-
sional defense committees a comprehensive estimate of the 
funds necessary to meet the materiel readiness objectives re-
quired by subsection (c) through the period covered by the 
most recent future-years defense program. At a minimum, 
the Director shall provide, for each major weapon system, 
by designated mission design series, variant, or class, a 
comprehensive estimate of the funds necessary to meet such 
objectives that— 
‘‘(1) have been obligated by subactivity group 
within the operation and maintenance accounts for 
the second fiscal year preceding the budget year; 
‘‘(2) the Director estimates will have been obli-
gated by subactivity group within the operation and 
maintenance accounts by the end of the fiscal year 
preceding the budget year; and 
‘‘(3) have been budgeted and programmed across 
the future years defense program within the operation 
and maintenance accounts by subactivity group.’’. 
(b) PHASED IMPLEMENTATION.—The Director of Cost 
Assessment and Performance Evaluation, may meet the re-
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quirements of subsection (e) of section 118 of title 10, 
United States Code, as added by subsection (a), through a 
phased submission of the funding estimates required under 
such subsection. In conducting a phased implementation, 
the Director shall ensure that— 
(1) for the budget request for fiscal year 2024, 
funding estimates are provided for a representative 
sample by military department of at least one-third 
of the major weapon systems; 
(2) for the budget request for fiscal year 2025, 
funding estimates are provided for an additional one- 
third of the major weapon systems; and 
(3) full implementation for all major weapons 
systems is completed not later than five days after the 
date on which the Secretary of Defense submits to 
Congress the materials in support of the budget of the 
President for fiscal year 2026. 
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MOD-
ERNIZATION OF NAVAL VESSELS. 
(a) ANNUAL PLAN.—Section 231 of title 10, United 
States Code, is amended— 
(1) in the heading, by inserting ‘‘, mainte-
nance, and modernization’’ after ‘‘construc-
tion’’; 
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(2) by redesignating subsections (d) through (f) 
as subsections (e) through (g), respectively; 
(3) by inserting after subsection (c) the following 
new subsection: 
‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MOD-
ERNIZATION OF NAVAL VESSELS.—In addition to the plan 
included under subsection (a)(1), the Secretary of Defense 
shall include with the defense budget materials for a fiscal 
year each of the following: 
‘‘(1) A plan for the maintenance and moderniza-
tion of naval vessels that includes the following: 
‘‘(A) A forecast of the maintenance and 
modernization requirements for both the naval 
vessels in the inventory of the Navy and the ves-
sels required to be delivered under the naval ves-
sel construction plan under subsection (a)(1). 
‘‘(B) A description of the initiatives of the 
Secretary of the Navy to ensure that activities 
key to facilitating the maintenance and mod-
ernization of naval vessels (including with re-
spect to increasing workforce and industrial base 
capability and capacity, shipyard level-loading, 
and facility improvements) receive sufficient 
resourcing, and are including in appropriate 
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planning, to facilitate the requirements specified 
in subparagraph (A). 
‘‘(2) A certification by the Secretary that both 
the budget for that fiscal year and the future-years de-
fense program submitted to Congress in relation to 
such budget under section 221 of this title provide for 
funding for the maintenance and modernization of 
naval vessels at a level that is sufficient for such 
maintenance and modernization in accordance with 
the plan under paragraph (1).’’; and 
(4) in subsection (f), as redesignated by para-
graph (2), by inserting ‘‘ and the plan and certifi-
cation under subsection (d)’’ after ‘‘subsection (a)’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 9 of title 10, United States Code, 
is amended by striking the item relating to section 231 and 
inserting the following new item: 
‘‘231. Budgeting for construction, maintenance, and modernization of naval ves-
sels: annual plan and certification.’’. 
SEC. 353. INDEPENDENT STUDY RELATING TO FUEL DIS-
TRIBUTION 
LOGISTICS 
ACROSS 
UNITED 
STATES INDO-PACIFIC COMMAND. 
(a) STUDY.—Not later than the 30 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
seek to enter into a contract with a federally funded re-
search and development center to conduct a study on fuel 
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distribution logistics in the area of responsibility of the 
United States Indo-Pacific Command. 
(b) CRITERIA FOR FFRDC.—The federally funded re-
search and development center with which the Secretary 
seeks to enter into an contract under subsection (a) shall 
meet the following criteria, as determined by the Secretary: 
(1) A primary focus on the conduct of studies 
and analysis. 
(2) A demonstrated record of conducting research 
and analysis using a multidisciplinary approach. 
(3) A strong reputation for publishing publicly 
releasable analysis to inform public debate. 
(c) ELEMENTS.—The study conducted pursuant to sub-
section (a) shall include, with respect to the area of respon-
sibility of the United States Indo-Pacific Command, the fol-
lowing: 
(1) An evaluation of the vulnerabilities associ-
ated with the production, refinement, and distribu-
tion of fuel by the Armed Forces during periods of 
conflict and in contested logistics environments with-
in the area, including with respect to the capability 
of the Armed Forces to sustain operational flights by 
aircraft and joint force distributed operations. 
(2) An assessment of potential adversary capa-
bilities to disrupt such fuel distribution in the area 
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through a variety of means, including financial 
means, cyber means, and conventional kinetic attacks. 
(3) An assessment of any gaps in the capability 
or capacity of inter- or intra-theater fuel distribution, 
including any gaps relating to storage, transfer plat-
forms, manning for platforms, command and control, 
or fuel handling. 
(4) An evaluation of the positioning of defense 
fuel support points in the area, including with respect 
to operational suitability and vulnerability to a vari-
ety of kinetic threats. 
(5) An assessment of the readiness of allies and 
partners of the United States to support the supply, 
storage, and distribution of fuel by the Armed Forces 
in the area, including a review of any relevant secu-
rity cooperation agreements entered into between the 
United States and such allies and partners. 
(6) An assessment of potential actions to miti-
gate any vulnerabilities identified pursuant to the 
study. 
(d) REPORT.— 
(1) SUBMISSION TO SECRETARY OF DEFENSE.— 
(A) IN GENERAL.—The Secretary of Defense 
shall require, as a term of any contract entered 
into with a federally funded research and devel-
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opment center to conduct a study pursuant to 
subsection (a), that not later than one year after 
the date of entering into such contract, the feder-
ally funded research and development center 
shall submit to the Secretary a report containing 
the findings of the study. 
(B) FORM.—The report under subpara-
graph (A) shall be submitted in an unclassified 
and publicly releasable form, but may contain a 
classified annex. 
(2) SUBMISSION TO CONGRESS.—Not later than 
30 days after the date on which the Secretary of De-
fense receives the report under paragraph (1), the Sec-
retary shall submit to the appropriate congressional 
committees a copy of such report, submitted without 
change. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Transportation and 
Infrastructure of the House of Representatives; 
and 
(C) the Committee on Commerce, Science, 
and Transportation of the Senate. 
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(2) The term ‘‘contested logistics environment’’ 
has the meaning given that term in section 2926 of 
title 10, United States Code. 
Subtitle F—Matters Relating to De-
pots and Ammunition Produc-
tion Facilities 
SEC. 361. BUDGETING FOR DEPOT AND AMMUNITION PRO-
DUCTION FACILITY MAINTENANCE AND RE-
PAIR: ANNUAL REPORT. 
Chapter 9 of title 10, United States Code, is amended 
by adding at the end the following new section (and con-
forming the table of sections at the beginning of such chap-
ter accordingly): 
‘‘§ 239d. Budgeting for depot and ammunition produc-
tion facility maintenance and repair: an-
nual report 
‘‘(a) ANNUAL REPORT.—The Secretary of Defense, in 
coordination with the Secretaries of the military depart-
ments, shall include with the defense budget materials for 
each fiscal year a report regarding the maintenance and 
repair of covered facilities. 
‘‘(b) ELEMENTS.—Each report required under sub-
section (a) shall include, at a minimum, the following 
(disaggregated by military department): 
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‘‘(1) With respect to each of the three fiscal years 
preceding the fiscal year covered by the defense budget 
materials with which the report is included, revenue 
data for that fiscal year for the maintenance, repair, 
and overhaul workload funded at all the depots of the 
military department. 
‘‘(2) With respect to the fiscal year covered by 
the defense budget materials with which the report is 
included and each of the two fiscal years prior, an 
identification of the following: 
‘‘(A) The amount of appropriations budg-
eted for that fiscal year for depots, further 
disaggregated by the type of appropriation. 
‘‘(B) The amount budgeted for that fiscal 
year for working-capital fund investments by the 
Secretary of the military department for the cap-
ital budgets of the covered depots of the military 
department, 
shown 
in 
total 
and 
further 
disaggregated by whether the investment relates 
to the efficiency of depot facilities, work environ-
ment, equipment, equipment (non-capital invest-
ment program), or processes. 
‘‘(C) The total amount required to be in-
vested by the Secretary of the military depart-
ment for that fiscal year for the capital budgets 
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of covered depots pursuant to section 2476(a) of 
this title. 
‘‘(D) A comparison of the budgeted amount 
identified under subparagraph (B) with the total 
required amount identified under subparagraph 
(C). 
‘‘(E) For each covered depot of the military 
department, of the total required amount identi-
fied under subparagraph (C), the percentage of 
such amount allocated, or projected to be allo-
cated, to the covered depot for that fiscal year. 
‘‘(3) For each covered facility of the military de-
partment, the following: 
‘‘(A) Information on the average facility 
condition, average critical facility condition, res-
toration and maintenance project backlog, and 
average equipment age, including a description 
of any changes in such metrics from previous 
years. 
‘‘(B) Information on the status of the imple-
mentation at the covered facility of the plans 
and strategies of the Department of Defense re-
lating to covered facility improvement, includ-
ing, as applicable, the implementation of the 
strategy required under section 359 of the Na-
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tional Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92; 133 Stat. 1323; 10 
U.S.C. 2460 note). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘ammunition production facility’ 
means an ammunition organic industrial base pro-
duction facility. 
‘‘(2) The terms ‘budget’ and ‘defense budget ma-
terials’ have the meaning given those terms in section 
234 of this title. 
‘‘(3) The term ‘covered depot’ has the meaning 
given that term in section 2476 of this title. 
‘‘(4) The term ‘covered facility’ means a covered 
depot or an ammunition production facility.’’. 
SEC. 362. EXTENSION OF AUTHORIZATION OF DEPOT WORK-
ING 
CAPITAL 
FUNDS 
FOR 
UNSPECIFIED 
MINOR MILITARY CONSTRUCTION. 
Section 2208(u)(4) of title 10, United States Code, is 
amended by striking ‘‘2023’’ and inserting ‘‘2025’’. 
SEC. 363. MODIFICATION TO MINIMUM CAPITAL INVEST-
MENT FOR CERTAIN DEPOTS. 
(a) MODIFICATION.—Section 2476 of title 10, United 
States Code, is amended— 
(1) in subsection (a)— 
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(A) by striking ‘‘six’’ and inserting ‘‘eight’’; 
and 
(B) by adding at the end the following new 
sentence: ‘‘Of such total amount required to be 
invested, an amount equal to not less than two 
percent of such average total for the preceding 
three fiscal years shall be invested from funds 
authorized for Facilities Sustainment, Restora-
tion, and Modernization activities of the mili-
tary department.’’; and 
(2) in subsection (b), by inserting ‘‘ including 
through the rebuilding of property following the end 
of the economic useful life of the property and the res-
toration of property or equipment to like-new condi-
tion,’’ after ‘‘operations,’’; 
(3) by redesignating subsections (c) through (e) 
as subsections (d) through (f); and 
(4) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) COMPLIANCE WITH CERTAIN REQUIREMENTS.— 
In identifying amounts to invest pursuant to the require-
ment under subsection (a), the Secretary of a military de-
partment shall comply with all applicable requirements of 
sections 129 and 129a of this title.’’. 
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(b) CONFORMING AMENDMENT.—Section 2861(b) of 
such title is amended by striking ‘‘subsection (e) of section 
2476’’ and inserting ‘‘subsection (f) of section 2476’’. 
(c) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to fiscal years beginning 
on or after October 1, 2023. 
SEC. 364. CONTINUATION OF REQUIREMENT FOR BIENNIAL 
REPORT ON CORE DEPOT-LEVEL MAINTE-
NANCE AND REPAIR. 
(a) IN GENERAL.—Section 1080(a) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply 
to the report required to be submitted to Congress under 
section 2464(d) of title 10, United States Code. 
(b) CONFORMING REPEAL.—Section 1061(c) of the Na-
tional Defense Authorization Act for Fiscal Year 2017 (Pub-
lic Law 114–328; 130 Stat. 2401; 10 U.S.C. 111 note) is 
amended by striking paragraph (45). 
SEC. 365. CONTINUATION OF REQUIREMENT FOR ANNUAL 
REPORT ON FUNDS EXPENDED FOR PER-
FORMANCE OF DEPOT-LEVEL MAINTENANCE 
AND REPAIR WORKLOADS. 
(a) IN GENERAL.—Section 1080(a) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply 
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to the report required to be submitted to Congress under 
section 2466(d) of title 10, United States Code. 
(b) CONFORMING REPEAL.—Section 1061(c) of the Na-
tional Defense Authorization Act for Fiscal Year 2017 (Pub-
lic Law 114–328; 130 Stat. 2401; 10 U.S.C. 111 note) is 
amended by striking paragraph (46). 
SEC. 366. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT 
AND AMMUNITION PRODUCTION FACILITY IN-
FRASTRUCTURE. 
(a) FIVE-YEAR PLANS REQUIRED.—Concurrent with 
the submission to Congress of the budget of the President 
for each of fiscal years 2024, 2025, 2026, 2027, and 2028 
pursuant to section 1105(a) of title 31, United States Code, 
each Secretary of a military department shall submit to 
the congressional defense committees a report containing a 
description of the plan of that Secretary to improve depot 
and ammunition production facility infrastructure during 
the five fiscal years following the fiscal year for which such 
budget is submitted, with the objective of ensuring that all 
covered facilities have the capacity and capability to sup-
port the readiness and material availability goals of current 
and future weapon systems of the Department of Defense. 
(b) ELEMENTS.—Each plan required pursuant to sub-
section (a) shall include, with respect to the depots and am-
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munition production facilities of the military department 
for which the plan is submitted, the following: 
(1) A comprehensive review of the conditions and 
performance of each covered facility, including the fol-
lowing: 
(A) An assessment of the current status of 
the following elements: 
(i) Cost and schedule performance of 
the covered facility. 
(ii) Material availability of weapon 
systems supported at the covered facility 
and the impact of the performance of the 
covered facility on that availability. 
(iii) Work in progress and non-oper-
ational items awaiting covered facility 
maintenance. 
(iv) The condition of the covered facil-
ity. 
(v) The backlog of restoration and 
modernization projects at the covered facil-
ity. 
(vi) The condition of equipment at the 
covered facility. 
(vii) The vulnerability of the covered 
facility to adverse environmental conditions 
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and, if necessary, the investment required to 
withstand those conditions. 
(B) With respect to the five-year period cov-
ered by the plan, an identification of the major 
lines of effort, milestones, and specific goals over 
such period to address the elements specified in 
subparagraph (A) and a description of how such 
goals serve the long-term strategies of the Depart-
ment of Defense relating to covered facility im-
provement, including, as applicable, the strategy 
required under section 359 of the National De-
fense Authorization Act for Fiscal Year 2020 
(Public Law 116–92; 133 Stat. 1323; 10 U.S.C. 
2460 note). 
(2) The estimated costs of necessary depot and 
ammunition production facility improvements and a 
description of how such costs would be addressed by 
the Department of Defense budget request submitted 
during the same year as the plan and the applicable 
future-years defense program. 
(3) Information regarding the plan of the Sec-
retary of the military department to initiate such en-
vironmental and engineering studies as may be nec-
essary to carry out planned depot and ammunition 
production facility improvements. 
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(4) Detailed information regarding how depot 
improvement projects and ammunition production fa-
cility improvement projects will be paced and 
sequenced to ensure continuous operations. 
(c) INCORPORATION OF RESULTS-ORIENTED MANAGE-
MENT PRACTICES.—Each plan required pursuant to sub-
section (a) shall incorporate the leading results-oriented 
management practices identified in the report of the Comp-
troller General of the United States titled ‘‘Actions Needed 
to Improve Poor Conditions of Facilities and Equipment 
that Affect Maintenance Timeliness and Efficiency’’ (GAO– 
19–242), or any successor report, including— 
(1) analytically based goals; 
(2) results-oriented metrics; 
(3) the identification of required resources, risks, 
and stakeholders; and 
(4) regular reporting on progress to decision- 
makers. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘ammunition production facility’’ 
means an ammunition organic industrial base pro-
duction facility. 
(2) The term ‘‘covered depot’’ has the meaning 
given that term in section 2476 of title 10, United 
States Code. 
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(3) The term ‘‘covered facility’’ means a covered 
depot or an ammunition production facility. 
SEC. 367. CLARIFICATION OF CALCULATION FOR CERTAIN 
WORKLOAD CARRYOVER OF DEPARTMENT OF 
ARMY. 
For purposes of calculating the amount of workload 
carryover with respect to the depots and arsenals of the De-
partment of the Army, the Secretary of Defense shall au-
thorize the Secretary of the Army to use a calculation for 
such carryover that applies a material end of period exclu-
sion. 
Subtitle G—Reports 
SEC. 371. ANNUAL REPORTS BY DEPUTY SECRETARY OF DE-
FENSE ON ACTIVITIES OF JOINT SAFETY 
COUNCIL. 
Section 184(k) of title 10, United States Code is 
amended— 
(1) by striking ‘‘REPORT.—The Chair’’ and in-
serting ‘‘REPORTS.—(1) The Chair’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) Not later than December 31, 2022, and on an an-
nual basis thereafter, the Deputy Secretary of Defense shall 
submit to the congressional defense committees a report con-
taining— 
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‘‘(A) a summary of the goals and priorities of 
the Deputy Secretary for the year following the date 
of the submission of the report with respect to the ac-
tivities of the Council; and 
‘‘(B) an assessment by the Deputy Secretary of 
the activities of the Council carried out during the 
year preceding the date of such submission.’’. 
SEC. 372. QUARTERLY REPORTS ON EXPENDITURES FOR 
ESTABLISHMENT 
OF 
FUEL 
DISTRIBUTION 
POINTS IN INDOPACOM AREA OF RESPONSI-
BILITY. 
(a) QUARTERLY REPORTS REQUIRED.—The Com-
mander of United States Indo-Pacific Command shall sub-
mit to the congressional defense committees quarterly re-
ports on the use of the funds described in subsection (c) until 
the date on which all such funds are expended. 
(b) CONTENTS
OF REPORT.—Each report required 
under subsection (a) shall include an expenditure plan for 
the establishment of fuel distribution points in the area of 
responsibility of United States Indo-Pacific Command re-
lating to the defueling and closure of the Red Hill Bulk 
Fuel Storage Facility. 
(c) FUNDS DESCRIBED.—The funds described in this 
subsection are the amounts authorized to be appropriated 
or otherwise made available for fiscal year 2023 for Mili-
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tary Construction, Defense-wide for Planning and Design 
for United States Indo-Pacific Command. 
Subtitle H—Other Matters 
SEC. 381. ACCOUNTABILITY FOR MILITARY WORKING DOGS. 
(a) IN GENERAL.—Chapter 50 of title 10, United 
States Code, is amended by adding at the end the following 
new section (and conforming the table of sections at the be-
ginning of such chapter accordingly): 
‘‘§ 995. Accountability for military working dogs 
‘‘(a) ANNUAL REPORTING REQUIREMENT FOR CON-
TRACTORS.— 
‘‘(1) REQUIREMENT.—The Secretary of Defense 
shall require that each covered contractor submit to 
the Under Secretary of Defense (Comptroller), on an 
annual basis for the contract period, a report con-
taining an identification of— 
‘‘(A) the number of military working dogs 
that are in the possession of the covered con-
tractor and located outside of the continental 
United States in support of a military oper-
ation, if any; and 
‘‘(B) the primary location of any such mili-
tary working dogs. 
‘‘(2) GUIDANCE.—The Under Secretary of De-
fense (Comptroller) shall issue guidance on the an-
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nual reporting requirement under paragraph (1) for 
purposes of carrying out this section. 
‘‘(b) ANNUAL REPORT TO CONGRESS.—Not later than 
March 1, 2023, and on an annual basis thereafter, the Sec-
retary of Defense shall submit to the congressional defense 
a committees a report on the implementation of this section. 
‘‘(c) COVERED CONTRACTOR DEFINED.—The term 
‘covered contractor’ means a contractor of the Department 
of Defense the contract of which the Secretary determines 
involves military working dogs.’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to contracts entered into 
on or after the date of the enactment of this Act. 
(c) DEADLINE FOR GUIDANCE.—Not later than 180 
days after the date of the enactment of this Act, the Under 
Secretary of Defense (Comptroller) shall issue the guidance 
specified in section 995(a)(2) of title 10, United States 
Code, as added by subsection (a). 
(d) REGULATIONS TO PROHIBIT ABANDONMENT.—Not 
later than 2 years after the date of the enactment of this 
Act, the Secretary of Defense shall issue regulations to pro-
hibit the abandonment of military working dogs used in 
support of a military operation outside of the continental 
United States. 
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SEC. 382. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY 
COUNCIL. 
Section 184(b)(1) of title 10, United States Code, is 
amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) During periods in which the Coast Guard 
is not operating as a service in the Department of the 
Navy, an officer of the Coast Guard, appointed by the 
Secretary of Homeland Security.’’. 
SEC. 383. REQUIREMENT OF SECRETARY OF DEFENSE TO 
REIMBURSE STATE COSTS OF FIGHTING CER-
TAIN WILDLAND FIRES. 
(a) REQUIREMENT.—Section 2691(d) of title 10, 
United States Code, is amended by striking ‘‘may’’ and in-
serting ‘‘shall’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to any lease, permit, 
license, or other grant of access that the Secretary of Defense 
enters into, or grants, on or after the date of the enactment 
of this Act. 
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SEC. 384. EXPANDED CONSULTATION IN TRAINING OF NA-
TIONAL GUARD PERSONNEL ON WILDFIRE 
RESPONSE. 
Section 351 of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91) is amended by 
inserting ‘‘and the National Interagency Fire Center’’ after 
‘‘Bureau’’. 
SEC. 385. INTERAGENCY COLLABORATION AND EXTENSION 
OF PILOT PROGRAM ON MILITARY WORKING 
DOGS AND EXPLOSIVES DETECTION. 
(a) EXTENSION OF PILOT PROGRAM.—Section 381(b) 
of the National Defense Authorization Act for Fiscal Year 
2022 (Public Law 117–81; 135 Stat. 1672; 10 U.S.C. 3062 
note) is amended by striking ‘‘2024’’ and inserting ‘‘2025’’. 
(b) REVIEW OF RESEARCH EFFORTS OF DEPARTMENT 
OF DEFENSE
AND DEPARTMENT
OF HOMELAND SECU-
RITY.— 
(1) REVIEW.—The Secretary of Defense, in co-
ordination with the Secretary of Homeland Security, 
shall conduct a review of the recent and ongoing re-
search, testing, and evaluation efforts of the Depart-
ment of Defense and the Department of Homeland Se-
curity, respectively, regarding explosives detection 
working dogs. 
(2) MATTERS.—The review under paragraph (1) 
shall include an analysis of the following: 
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(A) Any recent or ongoing research efforts of 
the Department of Defense or the Department of 
Homeland Security, respectively, relating to ex-
plosives detection working dogs, and any simi-
larities between such efforts. 
(B) Any recent or ongoing veterinary re-
search efforts of the Department of Defense or the 
Department of Homeland Security, respectively, 
relating to working dogs, canines, or other areas 
that may be relevant to the improvement of the 
breeding, health, performance, or training of ex-
plosives detection working dogs. 
(C) Any research areas relating to explo-
sives detection working dogs in which there is a 
need for ongoing research but no such ongoing 
research is being carried out by either the Sec-
retary of Defense or the Secretary of Homeland 
Security, particularly with respect to the health, 
domestic breeding, and training of explosives de-
tection working dogs. 
(D) How the recent and ongoing research ef-
forts of the Department of Defense and the De-
partment of Homeland Security, respectively, 
may improve the domestic breeding of working 
dogs, including explosives detection working 
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dogs, and the health outcomes and performance 
of such domestically bred working dogs, includ-
ing through coordination with academic or in-
dustry partners with experience in research re-
lating to working dogs. 
(E) Potential opportunities for the Sec-
retary of Defense to collaborate with the Sec-
retary of Homeland Security on research relat-
ing to explosives detection working dogs. 
(F) Any research partners of the Depart-
ment of Defense or the Department of Homeland 
Security, or both, that may be beneficial in as-
sisting with the research efforts and areas de-
scribed in this subsection. 
(c) PLAN REQUIRED.—Not later than 180 days of the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a plan 
for the Secretary of Defense to collaborate, as appropriate, 
with the Secretary of Homeland Security on research relat-
ing to explosives detection working dogs and other relevant 
matters. Such plan shall include the following: 
(1) An analysis of potential opportunities for 
collaboration between the Secretary of Defense and the 
Secretary of Homeland Security on the research ef-
forts and areas described in subsection (a)(2). 
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(2) An identification of specific programs or 
areas of research for such collaboration. 
(3) An identification of any additional agree-
ments or authorities necessary for the Secretaries to 
carry out such collaboration. 
(4) An identification of additional funding nec-
essary to carry out such collaboration. 
(5) An analysis of potential coordination on the 
research efforts and areas described in subsection 
(a)(2) with academic and industry partners with ex-
perience in research relating to working dogs, includ-
ing an identification of potential opportunities for 
such coordination in carrying out the collaboration 
described in paragraph (1). 
(6) A proposed timeline for the Secretary of De-
fense to engage in such collaboration, including spe-
cific proposed deadlines. 
(7) Any other matters the Secretary of Defense 
considers appropriate. 
(d) EXPLOSIVES DETECTION WORKING DOG.—In this 
section, the term ‘‘explosives detection working dog’’ means 
a canine that, in connection with the work duties of the 
canine performed for a Federal department or agency, is 
certified and trained to detect odors indicating the presence 
of explosives in a given object or area, in addition to the 
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performance of such other duties for the Federal department 
or agency as may be assigned. 
SEC. 386. ESTABLISHMENT OF ARMY AND AIR FORCE SAFE-
TY COMMANDS; IMPLEMENTATION OF ACCI-
DENT INVESTIGATION RECOMMENDATIONS. 
(a) SAFETY COMMANDS.— 
(1) ARMY SAFETY COMMAND.— 
(A) ESTABLISHMENT.—Not later than 180 
days after the date of the enactment of this Act, 
the Secretary of the Army shall establish within 
the Department of the Army an ‘‘Army Safety 
Command’’. 
(B) COMMANDER.—There is a Commander 
of the Army Safety Command. The Commander 
shall be selected by the Secretary of the Army 
from among the general officers of the Army who 
hold a rank of major general or higher. 
(C) DUTIES.—The duties of the Army Safe-
ty Command shall include, with respect to the 
Army, the formulation of safety policy, the devel-
opment of risk management strategies, the moni-
toring of risk adjudication processes, the provi-
sion of safety-related training, and such other 
duties as the Secretary of the Army may deter-
mine appropriate. 
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(2) AIR FORCE SAFETY COMMAND.— 
(A) ESTABLISHMENT.—Not later than 180 
days after the date of the enactment of this Act, 
the Secretary of the Air Force shall establish 
within the Department of the Air Force an ‘‘Air 
Force Safety Command’’. 
(B) COMMANDER.—There is a Commander 
of the Air Force Safety Command. The Com-
mander shall be selected by the Secretary of the 
Air Force from among the general officers of the 
Air Force who hold a rank of major general or 
higher. 
(C) DUTIES.—The duties of the Air Force 
Safety Command shall include, with respect to 
the Air Force, the formulation of safety policy, 
the development of risk management strategies, 
the monitoring of risk adjudication processes, the 
provision of safety-related training, and such 
other duties as the Secretary of the Air Force 
may determine appropriate. 
(3) TRANSFER OF PREEXISTING ORGANIZATIONAL 
ELEMENTS.—As of the date on which the Safety Com-
mand of a military department is established under 
this subsection, any element of that military depart-
ment responsible for the duties of such Safety Com-
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mand as of the day before the date of such establish-
ment (including the duties, responsibilities, and per-
sonnel of any such element) shall be transferred to 
such Safety Command. 
(4) BRIEFINGS.—Not later than 90 days after 
the date on which the Safety Command of a military 
department is established under this subsection, the 
Secretary of that military department shall provide 
to the congressional defense committees a briefing on 
the duties, assigned personnel, key lines of effort, and 
organizational structure of such Safety Command. 
(b) IMPLEMENTATION OF ACCIDENT INVESTIGATION 
RECOMMENDATION.— 
(1) ESTABLISHMENT
OF
RESPONSIBLE
ENTI-
TIES.— 
(A) ARMY.—Not later than 180 days of en-
actment of this Act, the Secretary of the Army 
shall establish within the Department of the 
Army an entity the primary responsibility of 
which is to ensure the implementation across the 
Army of recommended actions arising from acci-
dent investigations conducted by the Department 
of Defense. 
(B) AIR FORCE.—Not later than 180 days 
of enactment of this Act, the Secretary of the Air 
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Force shall establish within the Department of 
the Air Force an entity the primary responsi-
bility of which is to ensure the implementation 
across the Air Force of recommended actions 
arising from accident investigations conducted 
by the Department of Defense. 
(2) BRIEFINGS.—Not later than 90 days after 
the date on which the Secretary of a military depart-
ment establishes a responsible entity under paragraph 
(1), that Secretary shall provide to the congressional 
defense committees a briefing on the duties, assigned 
personnel, key lines of effort, and organizational 
structure of such entity. 
SEC. 387. NATIONAL STANDARDS FOR FEDERAL FIRE PRO-
TECTION AT MILITARY INSTALLATIONS. 
(a) STANDARDS REQUIRED.—The Secretary of Defense 
shall ensure that— 
(1) members of the Armed Forces and employees 
of Defense Agencies who provide fire protection serv-
ices to military installations shall comply with the 
National Consensus Standards developed by the Na-
tional Fire Protection Association pursuant to section 
12(d) of the National Technology Transfer and Ad-
vancement Act of 1995 (Pub. L. 104–113; 15 U.S.C. 
272 note); 
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(2) the minimum staffing requirement for any 
firefighting vehicle responding to a structural build-
ing emergency at a military installation is not less 
than four firefighters per vehicle; and 
(3) the minimum staffing requirement for any 
firefighting vehicle responding to an aircraft or air-
field incident at a military installation is not less 
than three firefighters per vehicle. 
(b) DEFINITIONS.—In this section: 
(1) The terms ‘‘Armed Forces’’ and ‘‘Defense 
Agency’’ have the meanings given such terms in sec-
tion 101 of title 10, United States Code. 
(2) The term ‘‘firefighter’’ has the meaning given 
that term in section 707(b) of the National Defense 
Authorization Act for Fiscal Year 2020 (Pub. L. 116– 
92; 10 U.S.C. 1074m note). 
(3) The term ‘‘military installation’’ has the 
meaning given that term in section 2801 of title 10, 
United States Code. 
SEC. 388. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY 
DATA COLLECTION. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of the Army 
and the Secretary of the Navy shall jointly carry out a pilot 
program to evaluate the feasibility of using data recorders 
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to monitor, assess, and improve the readiness and safety 
of the operation of military tactical vehicles (in this section 
referred to as the ‘‘pilot program’’). 
(b) PURPOSES.—The purposes of the pilot program 
are— 
(1) to allow for the automated identification of 
hazards and potential hazards on and off military in-
stallations; 
(2) to mitigate and increase awareness of haz-
ards and potential hazards on and off military in-
stallations; 
(3) to identify near-miss accidents; 
(4) to create a standardized record source for ac-
cident investigations; 
(5) to assess individual driver proficiency, risk, 
and readiness; 
(6) to increase consistency in the implementation 
of military installation and unit-level range safety 
programs across military installations and units; 
(7) to evaluate the feasibility of incorporating 
metrics generated from data recorders into the safety 
reporting systems and to the Defense Readiness Re-
porting System as a measure of assessing safety risks, 
mitigations, and readiness; 
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(8) to determine the costs and benefits of retro-
fitting data recorders on legacy platforms and includ-
ing data recorders as a requirement in acquisition of 
military tactical vehicles; and 
(9) any other matters as determined by the Sec-
retary concerned. 
(c) REQUIREMENTS.—In carrying out the pilot pro-
gram, the Secretary of the Army and the Secretary of the 
Navy shall— 
(1) assess the feasibility of using commercial 
technology, such as smartphones or technologies used 
by insurance companies, as a data recorder; 
(2) test and evaluate a minimum of two data re-
corders that meet the pilot program requirements; 
(3) select a data recorder capable of collecting 
and exporting the telemetry data, event data, and 
driver identification during operation and accidents; 
(4) install and maintain a data recorder on a 
sufficient number of each of the military tactical vehi-
cles listed under subsection (f) at installations selected 
by the Secretary concerned under subsection (e) for 
statistically significant results; 
(5) establish and maintain a database that con-
tains telemetry data, driver data, and event data cap-
tured by the data recorder; 
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(6) regularly generate for each installation se-
lected under subsection (e) a dataset that is viewable 
in widely available mapping software of hazards and 
potential hazards based on telemetry data and event 
data captured by the data recorders; 
(7) generate actionable data sets and statistics 
on individual, vehicle, and military installation; 
(8) require commanders at the installations se-
lected under subsection (e) to incorporate the action-
able data sets and statistics into the installation 
range safety program; 
(9) require unit commanders at the installations 
selected under subsection (e) to incorporate the action-
able data sets and statistics into the unit driver safety 
program; 
(10) evaluate the feasibility of integrating data 
sets and statistics to improve driver certification and 
licensing based on data recorded and generated by the 
data recorders; 
(11) use open architecture to the maximum ex-
tent practicable; and 
(12) carry out any other activities determined by 
the Secretary as necessary to meet the purposes under 
subsection (b). 
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(d) IMPLEMENTATION PLAN.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of the Army and the Secretary of the Navy shall develop 
a plan for implementing the pilot program. 
(e) LOCATIONS.—Each Secretary concerned shall carry 
out the pilot program at not fewer than one military instal-
lation in the United States selected by the Secretary con-
cerned that meets the following conditions: 
(1) Contains the necessary force structure, equip-
ment, and maneuver training ranges to collect driver 
and military tactical vehicle data during training 
and routine operation. 
(2) Represents at a minimum one of the five 
training ranges identified in the study by the Comp-
troller General of the United States titled ‘‘Army and 
Marine Corps Should Take Additional Actions to 
Mitigate and Prevent Training Accidents’’ that did 
not track unit location during the training events. 
(f) COVERED MILITARY TACTICAL VEHICLES.—The 
pilot program shall cover the following military tactical ve-
hicles: 
(1) Army Strykers. 
(2) Marine Corps Light Armored Vehicles. 
(3) Army Family of Medium Tactical Vehicles. 
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(4) Marine Corps Medium Tactical Vehicle Re-
placements. 
(5) Army and Marine Corps High Mobility Mul-
tipurpose Wheeled Vehicles. 
(6) Army and Marine Corps Joint Light Tac-
tical Vehicles. 
(7) Army and United States Special Operations 
Command Ground Mobility Vehicles. 
(8) Army Infantry Squad Vehicles. 
(g) METRICS.—The Secretaries shall develop metrics to 
evaluate the effectiveness of the pilot program in moni-
toring, assessing, and improving vehicle safety, driver read-
iness, and mitigation of risk. 
(h) REPORTS.— 
(1) INITIAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the 
Army and the Secretary of the Navy shall jointly sub-
mit to the congressional defense committees a report 
on the pilot program that addresses the plan for im-
plementing the requirements under subsection (c), in-
cluding the established metrics under subsection (g). 
(2) INTERIM.—Not later than three years after 
the commencement of the pilot program, the Secretary 
of the Army and the Secretary of the Navy shall joint-
ly submit to the congressional defense committees a 
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report on the status of the pilot program, including 
the preliminary results in carrying out the pilot pro-
gram, the metrics generated during the pilot program, 
disaggregated by military tactical vehicle, location, 
and service, and the implementation plan under sub-
section (d). 
(3) FINAL.— 
(A) IN GENERAL.—Not later than 90 days 
after the termination of the pilot program, the 
Secretary of the Army and the Secretary of the 
Navy shall jointly submit to the congressional 
defense committees a report on the results of the 
program. 
(B) ELEMENTS.—The report required by 
subparagraph (A) shall— 
(i) assess the effectiveness of the pilot 
program in meeting the purposes under sub-
section (b); 
(ii) include the metrics generated dur-
ing the pilot program, disaggregated by 
military tactical vehicle, location, and serv-
ice; 
(iii) include the views of range per-
sonnel, unit commanders, and tactical vehi-
cle operators involved in the pilot program 
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on the level of effectiveness of the technology 
selected; 
(iv) provide a cost estimate for equip-
ping legacy military tactical vehicles with 
data recorders; 
(v) determine the instances in which 
data recorders should be a requirement in 
the acquisition of military tactical vehicles; 
(vi) recommend whether the pilot pro-
gram should be expanded or made into a 
program of record; and 
(vii) recommend any statutory, regu-
latory, or policy changes required to sup-
port the purposes under subsection (b). 
(i) TERMINATION.—The authority to carry out the 
pilot program under subsection (a) shall terminate five 
years after the date of the enactment of this Act. 
(j) DEFINITIONS.—In this section: 
(1) The term ‘‘accident’’ means a collision, roll-
over, or other mishap involving a motor vehicle. 
(2) The term ‘‘data recorder’’ means technologies 
installed in a motor vehicle to record driver identi-
fication, telemetry data, and event data related to the 
operation of the motor vehicle. 
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(3) The term ‘‘driver identification’’ means data 
enabling the unique identification of the driver oper-
ating a motor vehicle. 
(4) The term ‘‘event data’’ includes data related 
to— 
(A) the start and conclusion of each vehicle 
operation; 
(B) a vehicle accident; 
(C) a vehicle acceleration, velocity, or loca-
tion with an increased potential for an accident; 
or 
(D) a vehicle orientation with an increased 
potential for an accident. 
(5) The term ‘‘Secretary concerned’’ means— 
(A) the Secretary of the Army with respect 
to matters concerning the Army; and 
(B) the Secretary of the Navy with respect 
to matters concerning the Navy and Marine 
Corps. 
(6) The term ‘‘tactical vehicle’’ means a motor 
vehicle designed to military specification, or a com-
mercial design motor vehicle modified to military 
specification, to provide direct transportation support 
of combat or tactical operations, or for the training 
of personnel for such operations. 
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(7) The term ‘‘telemetry data’’ includes— 
(A) time; 
(B) vehicle distance traveled; 
(C) vehicle acceleration and velocity; 
(D) vehicle orientation, including roll, 
pitch, and yaw; and 
(E) vehicle location in a geographic coordi-
nate system, including elevation. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2023, as follows: 
(1) The Army, 473,000. 
(2) The Navy, 348,220. 
(3) The Marine Corps, 177,000. 
(4) The Air Force, 323,400. 
(5) The Space Force, 8,600. 
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (5) and insert-
ing the following new paragraphs: 
‘‘(1) For the Army, 473,000. 
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‘‘(2) For the Navy, 348,220. 
‘‘(3) For the Marine Corps, 177,000. 
‘‘(4) For the Air Force, 323,400. 
‘‘(5) For the Space Force, 8,600.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2023, as follows: 
(1) The Army National Guard of the United 
States, 336,000. 
(2) The Army Reserve, 189,500. 
(3) The Navy Reserve, 57,700. 
(4) The Marine Corps Reserve, 33,000. 
(5) The Air National Guard of the United 
States, 108,400. 
(6) The Air Force Reserve, 70,000. 
(7) The Coast Guard Reserve, 7,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths 
prescribed by subsection (a) for the Selected Reserve of any 
reserve component shall be proportionately reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such 
component which are on active duty (other than for 
training) at the end of the fiscal year; and 
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(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be in-
creased proportionately by the total authorized strengths of 
such units and by the total number of such individual mem-
bers. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), 
the reserve components of the Armed Forces are authorized, 
as of September 30, 2023, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in 
the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 30,845. 
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(2) The Army Reserve, 16,511. 
(3) The Navy Reserve, 10,077. 
(4) The Marine Corps Reserve, 2,388. 
(5) The Air National Guard of the United 
States, 26,630. 
(6) The Air Force Reserve, 6,286. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2023 for the reserve 
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army National Guard of the United 
States, 22,294. 
(2) For the Army Reserve, 6,492. 
(3) For the Air National Guard of the United 
States, 9,892. 
(4) For the Air Force Reserve, 6,696. 
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2023, the maximum number of 
members of the reserve components of the Armed Forces who 
may be serving at any time on full-time operational sup-
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port duty under section 115(b) of title 10, United States 
Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal year 2023 
for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not oth-
erwise provided for, for military personnel, as specified in 
the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The author-
ization of appropriations in the subsection (a) supersedes 
any other authorization of appropriations (definite or in-
definite) for such purpose for fiscal year 2023. 
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TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
SEC. 501. DISTRIBUTION OF COMMISSIONED OFFICERS ON 
ACTIVE DUTY IN GENERAL OFFICER AND 
FLAG OFFICER GRADES. 
Section 525 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘as follows:’’ and inserting an em 
dash; 
(B) in paragraph (4)(C), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) in the Space Force, if that appointment 
would result in more than— 
‘‘(A) 2 officers in the grade of general; 
‘‘(B) 7 officers in a grade above the grade 
of major general; or 
‘‘(C) 6 officers in the grade of major gen-
eral.’’;’’; 
(2) in subsection (c)— 
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(A) in paragraph (1)(A), by striking ‘‘and 
Marine Corps’’ and inserting ‘‘Marine Corps, 
and Space Force’’; and 
(B) in paragraph (2), by striking ‘‘or Ma-
rine Corps’’ and inserting ‘‘Marine Corps, or 
Space Force’’; and 
(3) in subsection (d), by striking ‘‘or Com-
mandant of the Marine Corps’’ and inserting ‘‘Com-
mandant of the Marine Corps, or Chief of Space Op-
erations’’. 
SEC. 502. AUTHORIZED STRENGTH AFTER DECEMBER 31, 
2022: GENERAL OFFICERS AND FLAG OFFI-
CERS ON ACTIVE DUTY. 
Section 526a of title 10, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘and Marine Corps’’ and inserting 
‘‘Marine Corps, and Space Force’’; 
(B) in paragraph (1), by striking ‘‘220’’ 
and inserting ‘‘218’’; 
(C) in paragraph (2), by striking ‘‘151’’ 
and inserting ‘‘149’’; 
(D) in paragraph (3), by striking ‘‘187’’ 
and inserting ‘‘170’’; and 
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(E) by adding at the end the following new 
paragraph: 
‘‘(5) For the Space Force, 21.’’; and 
(2) in subsection (b)(2), by adding at the end the 
following new subparagraph: 
‘‘(E) For the Space Force, 6.’’. 
SEC. 503. EXCLUSION OF LEAD SPECIAL TRIAL COUNSEL 
FROM LIMITATIONS ON GENERAL OFFICERS 
AND FLAG OFFICERS ON ACTIVE DUTY. 
Section 526a of title 10, United States Code, as 
amended by section 502, is further amended— 
(1) by redesignating the second subsection (i) as 
subsection (j); 
(2) by redesignating subsections (g), (h), (i), and 
(j) as subsections (h), (i), (j), and (k), respectively; 
and 
(3) by inserting after subsection (f) the following 
new subsection: 
‘‘(g) EXCLUSION OF OFFICERS SERVING AS LEAD SPE-
CIAL TRIAL COUNSEL.—The limitations in subsection (a) 
do not apply to a general or flag officer serving in the posi-
tion of lead special trial counsel pursuant to an appoint-
ment under section 1044f(a)(2) of this title.’’. 
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SEC. 504. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN 
OFFICERS OF THE ARMED FORCES: AUTHOR-
IZATION; SPECIAL PAY. 
(a) CONSTRUCTIVE SERVICE CREDIT FOR WARRANT 
OFFICERS.—Section 572 of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(a)’’ before ‘‘For the purposes’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(b)(1) The Secretary concerned shall credit a person 
who is receiving an original appointment as a warrant offi-
cer in the regular component of an armed force under the 
jurisdiction of such Secretary concerned, and who has ad-
vanced education or training or special experience, with 
constructive service for such education, training, or experi-
ence, as follows: 
‘‘(A) For special training or experience in a par-
ticular warrant officer field designated by the Sec-
retary concerned, if such training or experience is di-
rectly related to the operational needs of the armed 
force concerned, as determined by such Secretary con-
cerned. 
‘‘(B) For advanced education in a warrant offi-
cer field designated by the Secretary concerned, if 
such education is directly related to the operational 
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needs of the armed force concerned, as determined by 
such Secretary concerned. 
‘‘(2) The authority under this subsection expires on 
December 31, 2027.’’. 
(b) SPECIAL PAY FOR CERTAIN OFFICERS COMMIS-
SIONED
OR APPOINTED WITH CONSTRUCTIVE SERVICE 
CREDIT.— 
(1) ESTABLISHMENT.—Subchapter II of chapter 
5 of title 37, United States Code, is amended by in-
serting after section 336 the following new section: 
‘‘§ 337. Special pay: certain officers of the armed 
forces commissioned or appointed with 
constructive service credit 
‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary con-
cerned may pay monthly special pay to an eligible officer 
under this section. 
‘‘(b) ELIGIBLE OFFICER DEFINED.—In this section, 
the term ‘eligible officer’ means an officer who— 
‘‘(1)(A) received an original appointment in a 
commissioned grade on or after the date of the enact-
ment of the National Defense Authorization Act for 
Fiscal Year 2023; and 
‘‘(B) was credited by the Secretary of the mili-
tary department concerned with constructive service 
under section 533(b)(1)(D) of title 10; or 
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‘‘(2)(A) was originally appointed in a warrant 
officer grade on or after the date of the enactment of 
the National Defense Authorization Act for Fiscal 
Year 2023; and 
‘‘(B) was credited by the Secretary concerned 
with constructive service under section 572(b) of title 
10. 
‘‘(c) AMOUNT OF PAY.—The Secretary concerned shall 
determine an amount of monthly special pay to pay to an 
eligible officer under this section. Such amount may not 
exceed $5,000 per month. 
‘‘(d) RELATIONSHIP TO OTHER INCENTIVES.—Special 
pay under this section is in addition to any other pay or 
allowance to which an eligible officer is entitled. 
‘‘(e) SUNSET.—No special pay may be paid under this 
section after December 31, 2027.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 336 the fol-
lowing: 
‘‘337. Special pay: certain officers of the armed forces commissioned or appointed 
with constructive service credit.’’. 
(c) REGULATIONS.—The Secretaries concerned shall 
prescribe regulations to carry out the amendments made by 
this section not later than 180 days after the date of the 
enactment of this Act. 
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(d) REPORT.—Not later than February 1, 2027, the 
Secretary of Defense, in consultation with the Secretary of 
Homeland Security, shall submit to the appropriate con-
gressional committees a report on the amendments made by 
this section. Such report shall include— 
(1) the evaluation of such amendments by the 
Secretary; and 
(2) the recommendation of the Secretary whether 
such amendments should be made permanent. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Transportation and 
Infrastructure of the House of Representatives. 
(C) The Committee on Commerce, Science, 
and Transportation of the Senate. 
(2) The terms ‘‘congressional defense committees’’ 
and ‘‘Secretary concerned’’ have the meanings given 
such terms in section 101 of title 10, United States 
Code. 
SEC. 505. CLARIFICATION OF GRADE OF SURGEON GEN-
ERAL OF THE NAVY. 
Section 8077 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
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‘‘(c) GRADE.—The Surgeon General, while so serving, 
shall hold the grade of O-9.’’. 
SEC. 506. ASSESSMENTS OF STAFFING IN THE OFFICE OF 
THE SECRETARY OF DEFENSE AND OTHER 
DEPARTMENT OF DEFENSE HEADQUARTERS 
OFFICES. 
(a) OFFICE OF THE SECRETARY OF DEFENSE.—The 
Secretary of Defense shall conduct an assessment of staffing 
of the Office of the Secretary of Defense. Such assessment 
shall including the following elements: 
(1) A validation of every military staff billet as-
signed to the Office of the Secretary of Defense against 
existing military personnel requirements. 
(2) The estimated effect of returning 15 percent 
of such military staff billets to operational activities 
of the Armed Forces concerned, over a period of 36 
months, would have on the office of the Secretary of 
Defense and other Department of Defense Head-
quarters Offices. 
(3) A plan and milestones for how reductions de-
scribed in paragraph (2) would occur, a schedule for 
such reductions, and the process by which the billets 
would be returned to the operational activities of the 
Armed Forces concerned. 
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(b) OFFICE OF THE JOINT CHIEFS OF STAFF.—The 
Chairman of the Joint Chiefs of Staff shall conduct an as-
sessment of staffing of the Office of the Joint Chiefs of Staff. 
Such assessment shall including the following elements: 
(1) A validation of every military staff billet as-
signed to the Office of the Joint Chiefs of Staff 
against existing military personnel requirements. 
(2) The estimated effect of returning 15 percent 
of such military staff billets to operational activities 
of the Armed Forces concerned, over a period of 36 
months, would have on the office of the Joint Staff 
and the Chairman’s Controlled Activities and other 
related Joint Staff Headquarters Offices. 
(3) A plan and milestones for how reductions de-
scribed in paragraph (2) would occur, a schedule for 
such reductions, and the process by which the billets 
would be returned to the operational activities of the 
Armed Forces concerned. 
(c) INTERIM BRIEFING AND REPORT.— 
(1) INTERIM BRIEFING.—Not later than April 1, 
2023, the Secretary shall provide to the Committees 
on Armed Services of the Senate and House of Rep-
resentatives an interim briefing on the assessments 
under subsections (a) and (b). 
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(2) FINAL
REPORT.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a re-
port on the assessments under subsections (a) and (b). 
Such report shall include the following: 
(A) A validation of every military staff bil-
let assigned to the Office of the Secretary of De-
fense and the Joint Staff to include the Chair-
man’s Controlled Activities against existing 
military personnel requirements. 
(B) The methodology and process through 
which such validation was performed. 
(C) Relevant statistical analysis on mili-
tary billet fill rates against validated require-
ments. 
(D) An analysis of unvalidated military 
billets currently performing staff support func-
tions, 
(E) The rationale for why unvalidated mili-
tary billets may be required. 
(F) The cost of military staff filling both 
validated and unvalidated billets. 
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(G) Lessons learned through the military 
billet validation process and statistical analysis 
under subparagraphs (B) through (F). 
(H) Any other matters the Secretary deter-
mines relevant to understanding the use of mili-
tary staff billets described in subsections (a) and 
(b). 
(I) Any legislative, policy or budgetary rec-
ommendations of the Secretary related to the 
subject matter of the report. 
SEC. 507. SURVEY OF CHAPLAINS. 
(a) DEVELOPMENT.—The Secretary of Defense shall 
seek to enter into an agreement with a nonprofit entity or 
a federally funded research and development center to de-
velop an anonymous survey of chaplains of the covered 
Armed Forces. The survey shall include questions regarding 
the following: 
(1) Chaplain job satisfaction. 
(2) The tools available for chaplains to minister 
to members of the covered Armed Forces. 
(3) Resources available to support religious pro-
grams. 
(4) Inclusion of chaplains in resiliency and 
wellness programs. 
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(5) The role of chaplains in embedded units, 
headquarters activities. and military treatment facili-
ties. 
(6) Recruitment and retention of chaplains. 
(7) Any challenges in the ability of chaplains to 
offer ministry services. 
(b) ADMINISTRATION.—The Secretary shall administer 
the survey not later than 180 days after development. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit a report to the Committees on Armed Services of 
the Senate and House of Representatives on the findings 
from the survey. 
(d) COVERED ARMED FORCE DEFINED.—The term 
‘‘covered Armed Force’’ means the following: 
(1) The Army. 
(2) The Navy. 
(3) The Marine Corps. 
(4) The Air Force. 
(5) The Space Force. 
SEC. 508. INDEPENDENT REVIEW OF ARMY OFFICER PER-
FORMANCE EVALUATIONS. 
(a) STUDY REQUIRED.—Not later than six months 
after the enactment of this Act, the Secretary of the Army 
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shall seek to enter into an agreement with a private entity 
that the Secretary determines appropriate to— 
(1) study the fitness report system used for the 
performance evaluation of Army officers; and 
(2) provide to the Secretary recommendations re-
garding how to improve such system. 
(b) ELEMENTS.—The study required under subsection 
(a) shall include the following: 
(1) An analysis of the effectiveness of the fitness 
report system at evaluating and documenting the per-
formance of Army officers. 
(2) A comparison of the fitness report system for 
Army officers with best practices for performance 
evaluations used by public- and private-sector organi-
zations. 
(3) An analysis of the value of Army fitness re-
ports in providing useful information to officer pro-
motion boards. 
(4) An analysis of the value of Army fitness re-
ports in providing useful feedback to Army officers 
being evaluated. 
(5) Recommendations to improve the Army fit-
ness report system to— 
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(A) increase its effectiveness at accurately 
evaluating and documenting the performance of 
Army officers; 
(B) align with best practices for perform-
ance evaluations used by public- and private-sec-
tor organizations; 
(C) provide more useful information to offi-
cer promotion boards; and 
(D) provide more useful feedback regarding 
evaluated officers. 
(c) ACCESS TO DATA AND RECORDS.—The Secretary 
of the Army shall ensure that the entity selected under sub-
section (a) has sufficient resources and access to technical 
data, individuals, organizations, and records necessary to 
complete the study required under this section. 
(d) SUBMISSION TO DEPARTMENT OF THE ARMY.—Not 
later than one year after entering into an agreement under 
subsection (a), the entity that conducts the study under sub-
section (a) shall submit to the Secretary of the Army a re-
port on the results of the study. 
(e) SUBMISSION TO CONGRESS.—Not later than 30 
days after the date on which the Secretary of the Army re-
ceives the report under subsection (d), the Secretary shall 
submit to the congressional defense committees— 
(1) an unaltered copy of such report; and 
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(2) any comments of the Secretary regarding 
such report. 
Subtitle B—Reserve Component 
Management 
SEC. 511. GRADES OF CERTAIN CHIEFS OF RESERVE COM-
PONENTS. 
(a) IN GENERAL.— 
(1) CHIEF OF ARMY RESERVE.—Section 7038(b) 
of title 10, United States Code, is amended by strik-
ing paragraph (4) and inserting the following: 
‘‘(4) The Chief of Army Reserve, while so serving, holds 
the grade of lieutenant general.’’. 
(2) CHIEF OF NAVY RESERVE.—Section 8083(b) 
of such title is amended by striking paragraph (4) 
and inserting the following: 
‘‘(4) The Chief of Navy Reserve, while so serving, holds 
the grade of vice admiral.’’. 
(3) COMMANDER, MARINE FORCES RESERVE.— 
Section 8084(b) of such title is amended by striking 
paragraph (4) and inserting the following: 
‘‘(4) The Commander, Marine Forces Reserve, while so 
serving, holds the grade of lieutenant general.’’. 
(4) CHIEF
OF
AIR
FORCE
RESERVE.—Section 
9038(b) of such title is amended by striking para-
graph (4) and inserting the following: 
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‘‘(4) The Chief of Air Force Reserve, while so serving, 
holds the grade of lieutenant general.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the day that is one year after 
the date of the enactment of this Act and shall apply to 
appointments made after such date. 
SEC. 512. GRADE OF VICE CHIEF OF THE NATIONAL GUARD 
BUREAU. 
Section 10505 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(c) GRADE.—(1) The Vice Chief of the National 
Guard Bureau shall be appointed to serve in the grade of 
general. 
‘‘(2) The Secretary of Defense shall designate, pursu-
ant to subsection (b) of section 526 of this title, the position 
of Vice Chief of the National Guard Bureau as one of the 
general officer and flag officer positions to be excluded from 
the limitations in subsection (a) of such section.’’. 
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR 
RESERVE 
OFFICERS 
IN 
THE 
NATIONAL 
GUARD DUE TO UNDUE DELAYS IN FEDERAL 
RECOGNITION. 
Paragraph (2) of section 14308(f) of title 10, United 
States Code, is amended to read as follows: 
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‘‘(2) If there is a delay in extending Federal recogni-
tion in the next higher grade in the Army National Guard 
or the Air National Guard to a reserve commissioned officer 
of the Army or the Air Force that exceeds 100 days from 
the date the National Guard Bureau deems such officer’s 
application for Federal recognition to be completely sub-
mitted by the State and ready for review at the National 
Guard Bureau, and the delay was not attributable to the 
action or inaction of such officer— 
‘‘(A) in the event of State promotion with an ef-
fective date before January 1, 2024, the effective date 
of the promotion concerned under paragraph (1) may 
be adjusted to a date determined by the Secretary 
concerned, but not earlier than the effective date of the 
State promotion; and 
‘‘(B) in the event of State promotion with an ef-
fective date on or after January 1, 2024, the effective 
date of the promotion concerned under paragraph (1) 
shall be adjusted by the Secretary concerned to the 
later of— 
‘‘(i) the date the National Guard Bureau 
deems such officer’s application for Federal rec-
ognition to be completely submitted by the State 
and ready for review at the National Guard Bu-
reau; and 
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‘‘(ii) the date on which the officer occupies 
a billet in the next higher grade.’’. 
SEC. 514. FINANCIAL ASSISTANCE PROGRAM FOR SPE-
CIALLY SELECTED MEMBERS: ARMY RESERVE 
AND ARMY NATIONAL GUARD. 
Section 2107a of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) The Secretary of the Army may appoint as a 
cadet in the Army Reserve or Army National Guard of the 
United States any eligible member of the program who— 
‘‘(A)(i) is enrolled in the Advanced Course of the 
Army Reserve Officers’ Training Corps at a military 
college or a military junior college; or 
‘‘(ii)(I) is enrolled in the Advanced Course of the 
Army Reserve Officers’ Training Corps at a civilian 
institution; and 
‘‘(II) has completed the second year of a course 
of study in science, technology, engineering, mathe-
matics, or a related field at such institution; and 
‘‘(B) will be under 31 years of age on December 
31 of the calendar year in which the member eligible 
under this section for appointment as a second lieu-
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tenant in the Army Reserve or Army National 
Guard.’’; 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) The Secretary of the Army may prescribe regula-
tions specifying— 
‘‘(A) the courses of study that may be pursued by 
a member of the program for purposes of meeting the 
requirement under paragraph (1)(A)(ii); and 
‘‘(B) the level of academic achievement needed to 
meet such requirement.’’. 
(2) in subsection (b)(3)(B)(i), by inserting ‘‘or 
civilian institution’’ after ‘‘military junior college’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘or ci-
vilian institution’’ after ‘‘military junior col-
lege’’; 
(B) in paragraph (4)(A), by inserting ‘‘or 
civilian institution’’ after ‘‘military junior col-
lege’’; 
(4) by amending subsection (h) to read as fol-
lows: 
‘‘(h)(1) The Secretary of the Army may appoint each 
year under this section not less than 22 cadets at each mili-
tary junior college at which there are not less than 22 mem-
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bers of the program eligible under subsection (b) for such 
an appointment. At any military junior college at which 
in any year there are fewer than 22 such members, the Sec-
retary shall appoint each such member as a cadet under 
this section. 
‘‘(2) The Secretary of the Army may appoint each year 
under this section the number of cadets from civilian insti-
tutions that the Secretary determines to be appropriate 
based on the needs of the Army.’’; and 
(5) in subsection (j), by inserting ‘‘or civilian 
institution’’ after ‘‘military junior college’’. 
SEC. 515. INSPECTIONS OF NATIONAL GUARD. 
(a) ESTABLISHMENT.—Chapter 1 of title 32, United 
States Code, is amended by inserting, after section 105, the 
following new section: 
‘‘§ 105A. Additional inspections 
‘‘(a) REGULAR INSPECTIONS REQUIRED.—The Sec-
retary of the Army and the Secretary of the Air Force shall 
each prescribe regulations pursuant to which the National 
Guard of each State shall be inspected not less frequently 
than once every five years. 
‘‘(b) AUTHORIZED INSPECTORS.—An inspection of the 
National Guard of a State under subsection (a) shall be 
conducted by— 
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‘‘(1) in the case of the Air National Guard, by 
a qualified member of the regular component of the 
Air Force or by the inspector general of the Depart-
ment of the Air Force; or 
‘‘(2) in the case of the Army National Guard, by 
a qualified member of the regular component of the 
Army or by the inspector general of the Department 
of the Army. 
‘‘(c) ELEMENTS AND RECOMMENDATIONS.—Each in-
spection under subsection (a) shall include— 
‘‘(1) a review and assessment of— 
‘‘(A) the command climate of the National 
Guard of the State; 
‘‘(B) the extent to which members of such 
National Guard are treated with dignity and re-
spect; and 
‘‘(C) the compliance of such National Guard 
with statutory, regulatory, and other applicable 
requirements relating to— 
‘‘(i) reporting and addressing sex-re-
lated offenses and sexual harassment; 
‘‘(ii) training in sexual assault preven-
tion and response; and 
‘‘(iii) training in suicide prevention; 
and 
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‘‘(2) the inspector’s recommendation as to wheth-
er the Secretary of the military department concerned 
should designate the performance of such National 
Guard as unsatisfactory, satisfactory, or excellent. 
‘‘(d) PERFORMANCE GRADE.—Following the conclu-
sion of an inspection of a National Guard of a State under 
subsection (a), the Secretary of the military department 
concerned shall— 
‘‘(1) based on the results of the inspection, des-
ignate the performance of such National Guard as un-
satisfactory, satisfactory, or excellent; and 
‘‘(2) post such designation on a publicly acces-
sible website of the Department of Defense. 
‘‘(e) MANDATORY REINSPECTION.—A National Guard 
of a State that receives a designation of unsatisfactory 
under subsection (d) shall be reinspected in accordance with 
this section not later one year after the conclusion of the 
inspection that resulted in such designation. 
‘‘(f) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 90 days, after 
the conclusion of each inspection under this section, 
the Secretary of the military department concerned 
shall submit a report on the results of such inspec-
tion— 
‘‘(A) to the Secretary of Defense; and 
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‘‘(B) to the Committees on Armed Services 
of the Senate and the House of Representatives. 
‘‘(2) ELEMENTS.—Each report under paragraph 
(1) shall— 
‘‘(A) summarize the results of the inspection 
with respect to each element specified in sub-
section (c); 
‘‘(B) indicate the designation issued for the 
National Guard of the State under subsection 
(d); and 
‘‘(C) in the case of a National Guard of a 
State that received a designation of unsatisfac-
tory under subsection (d) after a reinspection 
under subsection (e), include the Secretary’s rec-
ommendation as to whether— 
‘‘(i) Federal funds should be withheld 
from such National Guard; or 
‘‘(ii) such National Guard unit should 
be transferred to another State. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘sex-related offense’ means an al-
leged sex-related offense (as defined in section 
1044e(h) of this title). 
‘‘(2) The term ‘sexual harassment’ means the of-
fense of sexual harassment as punishable under sec-
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tion 934 of this title (article 134 of the Uniform Code 
of Military Justice) pursuant to the regulations pre-
scribed by the Secretary of Defense for purposes of 
such section (article). 
‘‘(3) The term ‘State’ has the meaning given such 
term in section 901 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 105 the following new item: 
‘‘105A. Additional inspections.’’. 
SEC. 516. REQUIREMENT OF CONSENT OF THE CHIEF EXEC-
UTIVE OFFICER FOR CERTAIN FULL-TIME NA-
TIONAL 
GUARD 
DUTY 
PERFORMED 
IN 
A 
STATE, TERRITORY, OR THE DISTRICT OF CO-
LUMBIA. 
Section 502(f)(2)(A) of title 32, United States Code, 
is amended to read as follows: 
‘‘(A) Support of operations or missions under-
taken by the member’s unit at the request of the Presi-
dent or Secretary of Defense, with the consent of— 
‘‘(i) the chief executive officer of each State 
(as that term is defined in section 901 of this 
title) in which such operations or missions shall 
take place; and 
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‘‘(ii) if such operations or missions shall 
take place in the District of Columbia, the 
Mayor of the District of Columbia.’’. 
SEC. 517. EXTENSION OF NATIONAL GUARD SUPPORT FOR 
FIREGUARD PROGRAM. 
Section 515 of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81) is amended by 
striking ‘‘September 30, 2026’’ and inserting ‘‘September 
30, 2029’’. 
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS 
REGARDING UNITS OF CERTAIN RESERVE 
COMPONENTS. 
(a) NOTICE REQUIRED; ELEMENTS.—The Secretary of 
a military department may not take any covered action re-
garding a covered unit until the day that is 60 days after 
the Secretary of a military department submits to Congress 
notice of such covered action. Such notice shall include the 
following elements: 
(1) An analysis of how the covered action would 
improve readiness. 
(2) A description of how the covered action 
would align with the National Defense Strategy and 
the supporting strategies of each military depart-
ments. 
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(3) A description of any proposed organizational 
change associated with the covered action and how the 
covered action will affect the relationship of adminis-
trative, operational, or tactical control responsibilities 
of the covered unit. 
(4) The projected cost and any projected long- 
term cost savings of the covered action. 
(5) A detailed description of any requirements 
for new infrastructure or relocation of equipment and 
assets necessary for the covered action. 
(6) An analysis whether the covered action would 
facilitate— 
(A) total force integration; and 
(B) general officer progression. 
(7) A description of how the covered activity will 
affect the ability of the covered unit to accomplish its 
current mission. 
(b) APPLICABILITY.—This section shall apply to any 
step to perform covered action regarding a covered unit on 
or after the date of the enactment of this Act. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered action’’ means any of the 
following: 
(A) To deactivate. 
(B) To reassign. 
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(C) To move the home station. 
(D) To reassign any responsibility. 
(E) To integrate, in the case of— 
(i) a covered unit and a unit of the 
regular component of a covered Armed 
Force; or 
(ii) more than one covered unit. 
(2) The term ‘‘covered Armed Force’’ means the 
following: 
(A) The Army. 
(B) The Navy. 
(C) The Marine Corps. 
(D) The Air Force. 
(E) The Space Force. 
(3) The term ‘‘covered unit’’ means a unit of a 
reserve component of a covered Armed Force. 
SEC. 519. PLAN TO ENSURE REASONABLE ACCESS TO THE 
JUNIOR 
RESERVE 
OFFICERS’ 
TRAINING 
CORPS. 
(a) PLAN REQUIRED.—The Secretary of Defense, in 
consultation with the Secretaries of the military depart-
ments, shall develop a plan to increase the total number 
of units of the Junior Reserve Officers’ Training Corps to 
ensure that there is reasonable access to such units in each 
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geographic region of the United States by not later than 
September 30, 2031. 
(b) ELEMENTS.—The plan required under subsection 
(a) shall include the following: 
(1) A proposal to increase the total number of 
units of the Junior Reserve Officers’ Training Corps 
to ensure reasonable access for students throughout the 
United States. 
(2) The estimated cost of implementing the pro-
posed increase in the number of such units. 
(3) A prioritized list of the States and regions in 
which the Secretary proposes adding additional units. 
(4) Actions the Secretary expects to carry out to 
ensure adequate representation and fair access to such 
units for students in all regions of the United States, 
including rural and remote areas and in underrep-
resented States. 
(5) To the extent appropriate, modifications to 
the requirements for such units, including the require-
ments applicable to instructors, to accommodate units 
in rural areas and small schools. 
(6) A plan to increase school and community 
awareness of Junior Reserve Officers’ Training Corps 
programs in underrepresented areas. 
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(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report that includes the 
plan developed under subsection (a). 
(d) REASONABLE ACCESS DEFINED.—In this section, 
the term ‘‘reasonable access’’, when used with respect to 
units of the Junior Reserve Officers’ Training Corps, means 
a level of access determined by the Secretary of Defense be 
reasonable taking into account the demand for student par-
ticipation, the availability of instructors, and the physical 
distance between units. 
Subtitle C—General Service 
Authorities and Military Records 
SEC. 521. NOTIFICATION TO NEXT OF KIN UPON THE DEATH 
OF A MEMBER OF THE ARMED FORCES. 
Subchapter II of chapter 75 of title 10, United States 
Code, is amended by adding at the end the following new 
section (and the table of sections at the beginning of such 
subchapter is amended accordingly): 
‘‘§ 1493. Notification to next of kin or other appro-
priate person: timing; training 
‘‘(a) IN GENERAL.—In the event of a death that re-
quires the Secretary of the military department concerned 
to provide a death benefit under this subchapter, such Sec-
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retary shall notify the next of kin or other appropriate per-
son not later than four hours after such death. 
‘‘(b) DEATH OUTSIDE THE UNITED STATES.—If a 
death described in subsection (a) occurs outside the United 
States, the Secretary of Defense, in coordination with the 
Secretary of State, shall attempt to delay reporting, by the 
media of the country in which such death occurs, of the 
name of the decedent until after the Secretary of the mili-
tary department concerned has notified the next of kin or 
other appropriate person pursuant to subsection (a). 
‘‘(c) TRAINING.—The Secretary of the military depart-
ment concerned shall include a training exercise regarding 
a death described in this section in each major exercise or 
planning conference conducted by such Secretary or the Sec-
retary of Defense.’’. 
SEC. 522. DIRECT ACCEPTANCE OF GIFTS FROM CERTAIN 
SOURCES BY ENLISTED MEMBERS. 
(a) AUTHORITY.—Section 2601a of title 10, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively; 
(B) in the matter preceding subparagraph 
(A), as redesignated, by striking ‘‘This section 
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applies to’’ and inserting ‘‘(1) A member de-
scribed in this paragraph is’’; 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) A member described in this paragraph is an en-
listed member of the armed forces.’’; and 
(2) in subsection (d)— 
(A) by inserting ‘‘(1)’’ before ‘‘The regula-
tions’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) A member described in subsection (b)(2) may not 
accept a gift— 
‘‘(A) from a source described in paragraph (1); 
‘‘(B) solicited by the member; 
‘‘(C) that a reasonable person would believe was 
intended to influence the member in the performance 
of duties as a member; or 
‘‘(D) that a reasonable person would believe was 
intended to supplement the pay of the member.’’. 
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended— 
(1) in subsection (b)(1)(C), as redesignated, by 
striking ‘‘paragraph (1)’’ and inserting ‘‘subpara-
graph (A)’’; 
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(2) in subsection (c), by striking ‘‘, (2) or (3)’’; 
and 
(3) in subsection (e), by striking ‘‘subsection 
(b)(2)’’ and inserting ‘‘subsection (b)(1)(B)’’. 
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF AC-
TIVE DUTY FOR A MEMBER WHO ACCEPTS A 
FELLOWSHIP, SCHOLARSHIP, OR GRANT. 
(a) LIMITATION.—Subsection (b) of section 2603 of 
title 10, United States Code, is amended by adding at the 
end ‘‘No such period may exceed five years’’. 
(b) RETROACTIVE EFFECT.—An agreement under such 
subsection, made by a member of the Armed Forces on or 
before the date of the enactment of this Act, may not require 
such member to serve on active duty for a period longer 
than five years. 
SEC. 524. ELIMINATION OF TIME LIMIT FOR MANDATORY 
CHARACTERIZATIONS 
OF 
ADMINISTRATIVE 
DISCHARGES OF CERTAIN MEMBERS ON THE 
BASIS OF FAILURE TO RECEIVE COVID-19 VAC-
CINE. 
Section 736(a) of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 
1161 note) is amended in the matter preceding paragraph 
(1) by striking ‘‘During the time period beginning on Au-
gust 24, 2021, and ending on the date that is two years 
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261 
after the date of the enactment of this Act, any’’ and insert-
ing ‘‘Any’’. 
SEC. 525. PROHIBITION ON USE OF PHOTOGRAPHS BY CER-
TAIN MILITARY PROMOTION BOARDS. 
(a) IN GENERAL.—The Secretary of Defense shall en-
sure that no military promotion record of a covered Armed 
Force includes any official or unofficial photographs. 
(b) COVERED ARMED FORCE DEFINED.—In this sec-
tion, the term ‘‘covered Armed Force’’ means the following: 
(1) The Army. 
(2) The Navy. 
(3) The Marine Corps. 
(4) The Air Force. 
(5) The Space Force. 
SEC. 526. GENDER-NEUTRAL FITNESS STANDARDS FOR 
COMBAT MILITARY OCCUPATIONAL SPECIAL-
TIES OF THE ARMY. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of the 
Army shall— 
(1) establish gender-neutral fitness standards for 
combat MOSs that are higher than those for non-com-
bat MOSs; and 
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(2) provide a briefing to the Committees on 
Armed Services of the Senate and House of Represent-
atives setting forth— 
(A) the list of combat MOSs described in 
paragraph (1); and 
(B) the methodology used to determine 
whether to include an MOS on such list. 
(b) MOS DEFINED.—In this section, the term ‘‘MOS’’ 
means a military occupational specialty. 
SEC. 527. RETENTION AND RECRUITMENT OF MEMBERS OF 
THE ARMY WHO SPECIALIZE IN AIR AND MIS-
SILE DEFENSE SYSTEMS. 
(a) STUDY.—The Comptroller General of the United 
States shall study efforts to retain and recruit members 
with military occupational specialties regarding air and 
missile defense systems of the Army. 
(b) REPORT.—Not later than six months after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report that identifies steps 
the Secretary of the Army may take to improve such reten-
tion and recruitment. 
(c) IMPLEMENTATION.—Not later than September 30, 
2023, the Secretary of the Army shall implement the steps 
identified in the report under subsection (b). 
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SEC. 528. PILOT PROGRAM ON REMOTE PERSONNEL PROC-
ESSING IN THE ARMY. 
(a) PILOT PROGRAM.—Not later than January 1, 
2024, the Secretary of the Army shall implement a pilot 
program to test the use of a software application to expedite 
in-processing and out-processing at one or more military 
installations— 
(1) under the jurisdiction of such Secretary; and 
(2) located within the continental United States. 
(b) APPLICATION REQUIREMENTS.—The software ap-
plication shall perform the following functions: 
(1) Enable the remote in-processing and out- 
processing of covered personnel, including by permit-
ting covered personnel to electronically sign forms. 
(2) Reduce the number of hours required of cov-
ered personnel for in-processing and out-processing. 
(3) Provide, to covered personnel and the com-
mander of a military installation concerned, elec-
tronic copies of records related to in-processing and 
out-processing. 
(c) SELECTION OF LOCATION.—In selecting a military 
installation for the pilot program, the Secretary shall give 
priority to the military installation that is the least pop-
ular according to preferences of Army officers in the Active 
Duty Officer Assignment Interactive Module. 
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(d) TERMINATION.—The pilot program shall terminate 
on January 1st, 2027. 
(e) REPORT.—Not later than January 1, 2026, the 
Secretary shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report regard-
ing the pilot program, including the recommendation of the 
Secretary whether to make the pilot program permanent. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered personnel’’ includes mem-
bers of the Army and civilian employees of the De-
partment of the Army. 
(2) The term ‘‘in-processing’’ means the adminis-
trative activities that covered personnel undertake 
pursuant to a permanent change of station. 
(3) The term ‘‘out-processing’’ means the admin-
istrative activities that covered personnel undertake 
pursuant to a permanent change of station, separa-
tion from the Army, or end of employment with the 
Department of the Army. 
Subtitle D—Military Justice 
SEC. 531. SEXUAL HARASSMENT INDEPENDENT INVESTIGA-
TIONS AND PROSECUTION. 
(a) INCLUSION
OF SEXUAL HARASSMENT
IN OF-
FENSES SUBJECT TO AUTHORITY OF SPECIAL TRIAL COUN-
SEL.— 
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(1) DEFINITION OF COVERED OFFENSE.—Section 
801(17)(A) of title 10, United States Code (article 
1(17)(A) of the Uniform Code of Military Justice), as 
added by section 533 of the National Defense Author-
ization Act for Fiscal Year 2022 (Public Law 117– 
81), is amended— 
(A) by striking ‘‘or’’; and 
(B) by striking ‘‘of this title’’ and inserting 
‘‘, or the standalone offense of sexual harassment 
punishable under section 934 (article 134) of this 
title’’. 
(2) EFFECTIVE DATE.—The amendments made 
by subsection (a) shall take effect two years after the 
coming into effect of the amendments made by section 
533 of the National Defense Authorization Act for 
Fiscal Year 2022 (Public Law 117–81) as provided in 
section 539C of that Act. 
(b) INDEPENDENT INVESTIGATION OF SEXUAL HAR-
ASSMENT.— 
(1) DEFINITIONS.—Section 1561 of title 10, 
United States Code, as amended by section 543 of the 
National Defense Authorization Act for Fiscal Year 
2022 (Public Law 117–81), is amended— 
(A) in subsection (a)— 
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(i) by striking ‘‘or Space Force’’ and 
inserting ‘‘Space Force, or Coast Guard’’; 
and 
(ii) by inserting ‘‘or the Department of 
Homeland Security (in the case of a matter 
involving the Coast Guard when not oper-
ating as a service in the Navy)’’ after ‘‘De-
partment of Defense’’; and 
(B) by amending subsection (e) to read as 
follows: 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘independent investigator’ means 
a member of the armed forces or a civilian employee 
of the Department of Defense or the Department of 
Homeland Security (in the case of a matter involving 
the Coast Guard when not operating as a service in 
the Navy) who— 
‘‘(A) is outside the chain of command of the 
complainant and the subject of the investigation; 
and 
‘‘(B) is trained in the investigation of sex-
ual harassment, as determined by— 
‘‘(i) the Secretary concerned, in the 
case of a member of the armed forces; 
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‘‘(ii) the Secretary of Defense, in the 
case of a civilian employee of the Depart-
ment of Defense; or 
‘‘(iii) the Secretary of Homeland Secu-
rity, in the case of a civilian employee of 
the Department of Homeland Security. 
‘‘(2) The term ‘sexual harassment’ means con-
duct that constitutes the offense of sexual harassment 
as punishable under section 934 of this title (article 
134) pursuant to the regulations prescribed by the 
Secretary of Defense for purposes of such section (ar-
ticle).’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect immediately after 
the coming into effect of the amendments made by sec-
tion 543 of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81) as pro-
vided in subsection (c) of that section. 
SEC. 532. MATTERS IN CONNECTION WITH SPECIAL TRIAL 
COUNSEL. 
(a) DEFINITION OF COVERED OFFENSE.— 
(1) IN GENERAL.—Paragraph (17)(A) of section 
801 of title 10, United States Code (article 1 of the 
Uniform Code of Military Justice), as added by sec-
tion 533 of the National Defense Authorization Act 
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for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1695) and amended by section 531, is further amend-
ed by striking ‘‘section 920 (article 120)’’ and insert-
ing ‘‘section 919a (article 119a), section 920 (article 
120), section 920a (article 120a)’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall— 
(A) take effect on the date that is two years 
after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2022 
(Public Law 117–81); and 
(B) apply with respect to any offenses that 
occur after that date. 
(b) RESIDUAL PROSECUTORIAL DUTIES AND OTHER 
JUDICIAL, FUNCTIONS
OF CONVENING AUTHORITIES
IN 
COVERED CASES.—The President shall prescribe regula-
tions to ensure that residual prosecutorial duties and other 
judicial functions of convening authorities, including but 
not limited to granting immunity, ordering depositions, 
and hiring experts, with respect to charges and specifica-
tions over which a special trial counsel exercises authority 
pursuant to section 824a of title 10, United States Code 
(article 24a of the Uniform Code of Military Justice), are 
transferred to the military judge, the special trial counsel, 
or other authority as appropriate in such cases by no later 
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than the effective date established in section 539C of the Na-
tional Defense Authorization Act for fiscal Year 2022 (Pub-
lic Law 117–81; 10 U.S.C. 801 note), in consideration of 
due process for all parties involved in such a case. 
(c) AMENDMENTS TO THE RULES FOR COURTS MAR-
TIAL.—The President shall prescribe in regulation such 
modifications to Rule 813 of the Rules for Courts-Martial 
and other Rules as appropriate to ensure that at the begin-
ning of each court-martial convened, the presentation of or-
ders does not in open court specify the name, rank, or posi-
tion of the convening authority convening such court, unless 
such convening authority is the Secretary concerned, the 
Secretary of Defense, or the President. 
(d) BRIEFING REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall provide to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a brief-
ing on the progress of the Department of Defense in imple-
menting this section, including an identification of— 
(1) the duties to be transferred under subsection 
(b); 
(2) the positions to which those duties will be 
transferred; and 
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(3) any provisions of law or Rules for Courts 
Martial that must be amended or modified to fully 
complete the transfer. 
(e) ADDITIONAL REPORTING RELATIVE TO IMPLEMEN-
TATION OF SUBTITLE D OF TITLE V OF THE NATIONAL DE-
FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022.—Not 
later than February 1, 2025, and annually thereafter for 
five years, the Secretary of Defense and the Secretary of 
the department in which the Coast Guard is operating 
(with respect to the Coast Guard) shall submit to the appro-
priate congressional committees a report assessing the holis-
tic effect of the reforms contained in subtitle D of title V 
of the National Defense Authorization Act for Fiscal Year 
2022 (Public Law 117–81) on the military justice system. 
The report shall include the following elements: 
(1) An overall assessment of the effect such re-
forms have had on the military justice system and the 
maintenance of good order and discipline in the 
ranks. 
(2) The percentage of caseload and courts-mar-
tial assessed as meeting, or having been assessed as 
potentially meeting, the definition of ‘‘covered of-
fense’’, disaggregated by offense and military service 
where possible. 
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(3) An assessment of prevalence and data con-
cerning disposition of cases by commanders after dec-
lination of prosecution by special trial counsel, 
disaggregated by offense and military service when 
possible. 
(4) Assessment of the effect, if any, the reforms 
contained in such subtitle have had on non-judicial 
punishment concerning covered and non-covered of-
fenses. 
(5) A description of the resources and personnel 
required to maintain and execute the reforms made 
by such subtitle during the reporting period relative 
to fiscal year 2022. 
(6) A description of any other factors or matters 
considered by the Secretary to be important to a ho-
listic assessment of these reforms on the military jus-
tice system. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The Committee on Armed Services of the 
House of Representatives. 
(2) The Committee on Armed Services of the 
Senate. 
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(3) The Committee on Transportation and Infra-
structure of the House of Representatives. 
(4) The Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 533. STANDARDS FOR IMPOSITION OF COMMANDING 
OFFICER’S NON-JUDICIAL PUNISHMENT. 
(a) COMMANDING OFFICER’S NON-JUDICIAL PUNISH-
MENT.— 
(1) IN
GENERAL.—Section 815 of title 10, 
United States Code (article 15 of the Uniform Code 
of Military Justice), is amended— 
(A) by redesignating subsections (c) through 
(g) as subsections (d) through (h), respectively; 
(B) by inserting after subsection (b), the fol-
lowing new subsection: 
‘‘(c)(1) Except as provided in paragraphs (2) and (3), 
a commanding officer may not impose a punishment au-
thorized in subsection (b) unless, before the imposition of 
such punishment, the commanding officer— 
‘‘(A) requests and receives legal guidance regard-
ing the imposition of such punishment from a judge 
advocate or other legal officer of the armed force of 
which the commanding officer is a member; and 
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‘‘(B) provides the member who may be subject to 
such punishment with an opportunity to consult ap-
propriate legal counsel. 
‘‘(2) Paragraph (1) shall not apply to the punishments 
specified in subparagraphs (E) and (F) of subsection (b)(2). 
‘‘(3) A commanding officer may waive the require-
ments set forth in subparagraphs (A) and (B) of paragraph 
(1), on a case by case basis, if the commanding officer deter-
mines such a waiver is necessary on the basis of operational 
necessity.’’; and 
(C) in subsection (f), as so redesignated, by 
striking ‘‘subsection (d)’’ and inserting ‘‘sub-
section (e)’’. 
(2) EFFECTIVE DATE AND APPLICABILITY.—The 
amendments made by paragraph (1) shall take effect 
180 days after the date of the enactment of this Act 
and shall apply with respect to punishments imposed 
under section 815 of title 10, United States Code (ar-
ticle 15 of the Uniform Code of Military Justice), on 
or after such effective date. 
(3) ADDITIONAL
GUIDANCE
REQUIRED.—Not 
later than one year after the date of the enactment of 
this Act, each Secretary concerned shall prescribe reg-
ulations or issue other written guidance with respect 
to non-judicial punishment under section 815 of title 
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10, United States Code (article 15 of the Uniform 
Code of Military Justice) that— 
(A)(i) identifies criteria to be considered 
when determining whether a member of the 
armed forces is attached to or embarked in a ves-
sel for the purposes of determining whether such 
member may demand trial by court-martial in 
lieu of punishment under such section (article); 
and 
(ii) establishes a policy about the appro-
priate and responsible invocation of such excep-
tion; and 
(B) establishes criteria commanders must 
consider when evaluating whether to issue a 
waiver under subsection (c)(3) of such section 
(article) (as added by paragraph (1) of this sub-
section) on the basis of operational necessity. 
(b) MODIFICATION OF ANNUAL REPORTS ON RACIAL 
AND ETHNIC DEMOGRAPHICS IN THE MILITARY JUSTICE 
SYSTEM.—Section 486(b) of title 10, United States Code, 
is amended— 
(1) in paragraph (7), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (8), by striking the period at 
the end and inserting a semicolon; and 
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(3) by adding at the end the following new para-
graphs: 
‘‘(9) with respect to principals on sea duty who 
were not attached to or embarked in a vessel (as de-
termined by the Secretary of the Navy or the Sec-
retary of the department in which the Coast Guard 
is operating), the number of non-judicial punishments 
proposed and finalized under section 815 of this title 
(article 15 of the Uniform Code of Military Justice), 
in total and disaggregated by— 
‘‘(A) whether the commanding officer im-
posing non-judicial punishment requested and 
received legal guidance regarding the imposition 
of such punishment from a judge advocate or 
other legal officer of the armed force of which the 
commanding officer is a member; 
‘‘(B) whether the principal was provided the 
opportunity to consult appropriate legal counsel; 
and 
‘‘(C) statistical category as related to the 
principal; and 
‘‘(10) with respect to principals on sea duty who 
were attached to or embarked in a vessel (as deter-
mined by the Secretary of the Navy or the Secretary 
of the department in which the Coast Guard is oper-
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ating), the number of non-judicial punishments pro-
posed and finalized under section 815 of this title (ar-
ticle 15 of the Uniform Code of Military Justice), in 
total and disaggregated by— 
‘‘(A) whether the commanding officer im-
posing non-judicial punishment requested and 
received legal guidance regarding the imposition 
of such punishment from a judge advocate or 
other legal officer of the armed force of which the 
commanding officer is a member; 
‘‘(B) whether the principal was provided the 
opportunity to consult appropriate legal counsel; 
and 
‘‘(C) statistical category as related to the 
principal.’’. 
SEC. 534. SPECIAL TRIAL COUNSEL OF THE AIR FORCE. 
(a) IN GENERAL.—Section 1044f of title 10, United 
States Code, is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘The policies shall’’ and 
inserting ‘‘Subject to subsection (c), the policies 
shall’’; 
(2) by redesignating subsection (c) as subsection 
(d); and 
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(3) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) SPECIAL TRIAL COUNSEL OF DEPARTMENT OF 
THE AIR FORCE.—In establishing policies under subsection 
(a), the Secretary of Defense shall— 
‘‘(1) in lieu of providing for separate offices for 
the Air Force and Space Force under subsection 
(a)(1), provide for the establishment of a single dedi-
cated office from which office the activities of the spe-
cial trial counsel of the Department of the Air Force 
shall be supervised and overseen; and 
‘‘(2) in lieu of providing for separate lead spe-
cial trial counsels for the Air Force and Space Force 
under subsection (a)(2), provide for the appointment 
of one lead special trial counsel who shall be respon-
sible for the overall supervision and oversight of the 
activities of the special trial counsel of the Depart-
ment of the Air Force.’’. 
(b) EFFECTIVE DATE.—The amendments made sub-
section (a) shall take effect immediately after the coming 
into effect of the amendments made by section 532 of the 
National Defense Authorization Act for Fiscal Year 2022 
(Public Law 117–81) as provided in section 539C of that 
Act. 
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SEC. 535. FINANCIAL ASSISTANCE FOR VICTIMS OF OF-
FENSES UNDER THE UNIFORM CODE OF MILI-
TARY JUSTICE. 
(a) MILITARY CRIME VICTIMS FINANCIAL ASSISTANCE 
FUND.—Chapter 53 of title 10, United States Code, is 
amended by inserting before section 1045 the following new 
section: 
‘‘§ 1044g. Military Crime Victims Financial Assistance 
Fund 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘Military Crime Victims Financial Assistance Fund’ (re-
ferred to in this section as the ‘Fund’). 
‘‘(b) ADMINISTRATION OF FUND.—The Secretary of the 
Treasury shall administer the Fund consistent with the pro-
visions of this section. 
‘‘(c) DEPOSITS.—There shall be deposited in the Fund 
the following: 
‘‘(1) Any amounts appropriated to the Fund. 
‘‘(2) Any amounts donated to the Fund. 
‘‘(d) AVAILABILITY AND USE OF FUND.—Amounts in 
the Fund shall, to the extent provided in appropriations 
Acts, be available solely for the payment of financial assist-
ance to victims of covered violent offenses in accordance 
with the regulations prescribed under subsection (e). 
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‘‘(e) REGULATIONS.—Not later than one year after the 
date of the enactment of this section, the Secretary of De-
fense shall prescribe regulations pursuant to which a victim 
of a covered violent offense may apply for and receive finan-
cial assistance payments from the Fund. Such regulations 
shall provide as follows: 
‘‘(1) A victim of a covered violent offense may 
apply to the Fund for— 
‘‘(A) a standard payment; 
‘‘(B) a reimbursement payment; or 
‘‘(C) a standard payment and a reimburse-
ment payment. 
‘‘(2) A standard payment to a victim shall be a 
fixed amount determined by the Secretary of Defense 
for each covered violent offense. 
‘‘(3) A reimbursement payment to a victim shall 
be an amount determined by the Secretary of Defense 
that is sufficient to reimburse the victim for health 
care expenses, travel expenses, and expenses for prop-
erty damage resulting from the covered violent offense, 
subject to such limits as the Secretary may prescribe. 
A reimbursement payment may not be made for any 
expenses for which a victim receives reimbursement 
from other sources, including insurance claims. 
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‘‘(4) An individual victim may receive not more 
than $50,000 from the Fund per incident. 
‘‘(5) The eligibility of a victim to receive pay-
ments from the Fund shall be subject to such terms, 
conditions, and other requirements as the Secretary 
may prescribe. 
‘‘(6) The Secretary may not make a payment 
from the Fund if the amount of such payment would 
exceed the amounts available in the fund. 
‘‘(f) ANNUAL REPORTS.—Not later than February 1 
of each year, the Secretaries concerned, in consultation with 
the Secretary of the Treasury, shall submit to the appro-
priate congressional committees a report that includes— 
‘‘(1) a summary of the amounts deposited to and 
paid from the Fund during the preceding year; 
‘‘(2) the number of victims who received pay-
ments from the Fund during the preceding year, set 
forth separately for each covered violent offense; and 
‘‘(3) an estimate of the amount of appropria-
tions required, if any, to maintain the solvency of the 
fund for the period of two fiscal years following the 
date of the report. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘appropriate congressional com-
mittees’ means the following: 
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‘‘(A) The congressional defense committees. 
‘‘(B) The Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘‘(C) The Committee on Commerce, Science, 
and Transportation of the Senate. 
‘‘(2) The term ‘covered violent offense’ means— 
‘‘(A) an offense under section 918 (article 
118), section 919 (article 119), section 919a (ar-
ticle 119a), section 920 (article 120), section 
920b (article 120b), section 920c (article 120c), 
section 922 (article 122), section 925 (article 
125), section 928 (article 128), section 928a (ar-
ticle 128a), section 928b (article 128b), section 
930 (article 130), or the standalone offense of 
sexual harassment as punishable under section 
934 (article 134) of this title; or 
‘‘(B) an attempt to commit an offense speci-
fied in subparagraph (A) as punishable under 
section 880 of this title (article 880). 
‘‘(3) The term ‘victim’ means individual who has 
suffered direct physical, emotional, or pecuniary 
harm as a result of the commission of a covered vio-
lent offense.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting before 
the item relating to section 1045 the following new item: 
‘‘1044g. Military Crime Victims Financial Assistance Fund.’’. 
(c) APPLICABILITY.—Eligibility to receive a payment 
from the Military Crime Victims Financial Assistance 
Fund under section 1044g of title 10, United States Code 
(as added by subsection (a)), shall be limited to individuals 
who— 
(1) are victims of covered violent offenses that 
occur on or after the date of the enactment of this Act; 
and 
(2) apply for payment from the Fund after the 
effective date of the regulations prescribed under sub-
section (e) of such section 1044g. 
(d) PROGRESS REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the appropriate congressional 
committees a report on plans of the Secretary for im-
plementing the Military Crime Victims Financial As-
sistance Fund under section 1044g of title 10, United 
States Code (as added by subsection (a)). 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means the following: 
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(A) The congressional defense committees. 
(B) The Committee on Transportation and 
Infrastructure of the House of Representatives. 
(C) The Committee on Commerce, Science, 
and Transportation of the Senate. 
SEC. 536. ADDRESSING SEX-RELATED OFFENSES AND SEX-
UAL HARASSMENT INVOLVING MEMBERS OF 
THE NATIONAL GUARD. 
(a) 
ADDRESSING
CERTAIN
SEX-RELATED
OF-
FENSES.— 
(1) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 
1561b the following new section: 
‘‘§ 1561c. Addressing sex-related offenses and sexual 
harassment involving members of the Na-
tional Guard 
‘‘(a) IN GENERAL.—An adjutant general who receives 
notice of an allegation of a sex-related offense or sexual har-
assment committed by a member of the National Guard 
under the jurisdiction of the adjutant general shall, not 
later than 72 hours after receiving such notice— 
‘‘(1) report the allegation to the Chief of the Na-
tional Guard Bureau; and 
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‘‘(2) ensure that the alleged victim is informed of 
the availability of Special Victims’ Counsel in accord-
ance with section 1044e of this title, as applicable. 
‘‘(b) INITIAL REPORT.— 
‘‘(1) ELEMENTS.—Each report under subsection 
(a)(1) shall include the following: 
‘‘(A) A summary of the allegation. 
‘‘(B) Identification of— 
‘‘(i) the individual who is alleged to 
have committed the offense; 
‘‘(ii) the alleged victim of the offense; 
and 
‘‘(iii) the individual or entity that is 
investigating the allegation. 
‘‘(C) A statement indicating whether the al-
leged victim has been informed of the avail-
ability of legal counsel in accordance with sub-
section (a)(2). 
‘‘(2) LATE REPORTS.—In the event that an adju-
tant general submits a report required under sub-
section (a) after the expiration of the 72-hour period 
specified in such subsection, the report shall include— 
‘‘(A) the information specified in paragraph 
(1); and 
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‘‘(B) an explanation of the reasons the re-
port was not timely submitted. 
‘‘(c) FINAL REPORT.—Not later than 30 days after de-
termining whether or not to take action against a member 
of the National guard accused of a sex-related offense or sex-
ual harassment, the adjutant general shall submit to the 
Chief of the National Guard Bureau a report that in-
cludes— 
‘‘(1) the information described in subparagraphs 
(A) and (B) of subsection (b)(1); 
‘‘(2) a description of any administrative, judi-
cial, or other action taken against the member; and 
‘‘(3) if no such action was taken, an explanation 
of the reasons the adjutant general declined to take 
such action. 
‘‘(d) APPLICABILITY.—The requirements of this section 
shall apply with respect to an allegation of a sex-related 
offense or sexual harassment of which an adjutant general 
receives notice after the date of the enactment of this section 
without regard to— 
‘‘(1) the jurisdiction in which the offense oc-
curred; or 
‘‘(2) whether prosecution for the offense would be 
time barred by a statute of limitations. 
‘‘(e) DEFINITIONS.—In this section: 
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‘‘(1) The term ‘sex-related offense’ means an al-
leged sex-related offense (as defined in section 
1044e(h) of this title). 
‘‘(2) The term ‘sexual harassment’ means the of-
fense of sexual harassment as punishable under sec-
tion 934 of this title (article 134 of the Uniform Code 
of Military Justice) pursuant to the regulations pre-
scribed by the Secretary of Defense for purposes of 
such section (article).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 1561b the 
following new item: 
‘‘1561c. Addressing sex-related offenses and sexual harassment involving members 
of the National Guard.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect immediately after the effective 
date of the amendments made by part 1 of subtitle D of 
title V of the National Defense Authorization Act for Fiscal 
Year 2022 (Public Law 117–81) as provided in section 
539C of that Act. 
(c) IMPLEMENTATION.—The Secretary of Defense shall 
prescribe regulations implementing section 1561c of title 10, 
United States Code, as added by subsection (a). 
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SEC. 537. PROHIBITION ON SHARING OF INFORMATION ON 
DOMESTIC VIOLENCE INCIDENTS. 
Section 1562 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(c) PROHIBITION ON SHARING OF CERTAIN INFORMA-
TION.— 
‘‘(1) IN GENERAL.—In a case in which the infor-
mation maintained and reported by the Secretary of 
a military department under subsection (b) includes 
the findings of an Incident Determination Committee, 
the Secretary may not share such findings with any 
party other than the administrator of the database 
under subsection (a). 
‘‘(2) WAIVER.—The Secretary of Defense may 
waive the prohibition under paragraph (1) on a case- 
by-case basis if the Secretary determines that it is 
necessary to share the findings of an Incident Deter-
mination Committee with a member of the Armed 
Forces or a civilian employee of the Department of 
Defense acting within the scope of their official duties. 
‘‘(3) INCIDENT DETERMINATION COMMITTEE DE-
FINED.—In this subsection, the term ‘Incident Deter-
mination Committee’ means a committee established 
at a military installation that is responsible for re-
viewing a reported incident of domestic violence and 
determining whether such incident constitutes serious 
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harm to the victim according to the applicable cri-
teria of the Department of Defense.’’. 
SEC. 538. MANDATORY NOTIFICATION OF MEMBERS OF THE 
ARMED FORCES IDENTIFIED IN CERTAIN 
RECORDS OF CRIMINAL INVESTIGATIONS. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 1567b. Mandatory notification of members of the 
armed forces and reserve components 
identified in certain records of criminal 
investigations 
‘‘(a) 
NOTIFICATION
OF
INCLUSION
IN
MCIO 
RECORDS.—As soon as practicable after the conclusion of 
a criminal investigation for which a military criminal in-
vestigative organization is the lead investigative agency, the 
head of such organization shall provide, to any member or 
a former member of the armed forces and reserve compo-
nents who is designated in the records of the organization 
as a subject of such investigation, written notice of such 
designation. 
‘‘(b) INITIAL NOTIFICATION OF PREVIOUS INCLUSION 
IN MCIO RECORDS.—Not later than 180 days after the date 
of the enactment of this section, the head of each military 
criminal investigative organization shall provide, to any 
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member or former member of the armed forces and reserve 
components who is designated after January 1, 2011 in the 
records of the organization as a subject of a criminal inves-
tigation that is closed as of such date, written notice of such 
designation. 
‘‘(c) CONTENTS OF NOTICE.—Each notice provided 
under subsection (a) and (b) shall include the following in-
formation— 
‘‘(1) The date on which the member was des-
ignated as a subject of a criminal investigation in the 
records of the military criminal investigative organi-
zation. 
‘‘(2) Identification of each crime for which the 
member was investigated, including a citation to each 
provision of chapter 47 of this title (the Uniform Code 
of Military Justice) that the member was suspected of 
violating, if applicable. 
‘‘(3) Instructions on how the member may seek 
removal of the record in accordance with subsection 
(d). 
‘‘(d) REMOVAL OF RECORD.—The Secretary of Defense 
shall— 
‘‘(1) establish a process through which a member 
of the armed forces and reserve components who re-
ceives a notice under subsection (a) or (b) may re-
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quest the removal of the record that is the subject of 
such notice; and 
‘‘(2) issue uniform guidance, applicable to all 
military criminal investigative organizations, speci-
fying the conditions under which such a record may 
be removed. 
‘‘(f) ON-GOING AND SENSITIVE INVESTIGATIONS.—The 
head of a military criminal investigative organization may 
waive the notification requirements of this section if such 
head determines that a notification made pursuant to this 
section would— 
‘‘(1) endanger any witness or victim of the of-
fense under investigation; 
‘‘(2) disclose the existence of an intelligence or 
counterintelligence investigation; or 
‘‘(3) compromise or reveal any other on-going 
criminal investigation. 
‘‘(e) MILITARY CRIMINAL INVESTIGATIVE ORGANIZA-
TION DEFINED.—In this section, the term ‘military crimi-
nal investigative organization’ means any organization or 
element of the Department of Defense or an armed force 
that is responsible for conducting criminal investigations, 
including— 
‘‘(1) the Army Criminal Investigation Com-
mand; 
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(B) any circumstances under which some or 
all of such information should not be shared. 
(3) Such recommendations for legislative or ad-
ministrative action as the Advisory Committee con-
siders appropriate. 
(c) INFORMATION DESCRIBED.—The information de-
scribed in this subsection is the following: 
(1) Any recorded statements of the victim to in-
vestigators. 
(2) The record of any forensic examination of the 
person or property of the victim, including the record 
of any sexual assault forensic exam of the victim that 
is in possession of investigators or the Government. 
(3) Any medical record of the victim that is in 
the possession of investigators or the Government. 
(d) DEFINITIONS.—In this section— 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(C) the Committee on Transportation and 
Infrastructure of the House of Representatives. 
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(C) the intermediate level service schools; 
(D) the joint intermediate level service 
school; 
(E) the Naval Postgraduate School; and 
(F) the military service academies. 
(2) The term ‘‘covered entity’’ means— 
(A) an institution of higher education that 
the Secretary determines has an established pro-
gram of education regarding national security or 
technology relevant to the Department of Defense; 
or 
(B) an entity that the Secretary determines 
conducts research in policy relevant to the De-
partment of Defense. 
(3) The term ‘‘institution of higher education’’ 
has the meaning given that term in section 101 of the 
Higher Education Act of 1965 (Public Law 89–329; 
20 U.S.C. 1001). 
(4) The terms ‘‘intermediate level service school’’, 
‘‘joint intermediate level service school’’, and ‘‘senior 
level service school’’ have the meaning given such 
terms in section 2151 of title 10, United States Code. 
(5) The term ‘‘military service academy’’ means 
the following: 
(A) The United States Military Academy. 
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331 
(1) APPOINTMENT.—Members of the Commission 
shall be appointed not later than 60 days after the 
date of the enactment of this Act. 
(2) INITIAL MEETING; NOTICE.—The Commission 
shall hold its initial meeting on or before the date 
that is 90 days after the date of the enactment of this 
Act. In lieu of publication in the Federal Register, the 
Commission shall post a notice of such meeting on a 
publicly accessible website of the Commission at least 
15 days before such meeting. 
(d) MEETINGS; NOTICE; QUORUM; VACANCIES.— 
(1) IN GENERAL; NOTICE.—After its initial meet-
ing, the Commission shall meet— 
(A) upon the call of the Chair of the Com-
mission; and 
(B) not fewer than 15 days after posting a 
notice of such meeting on a publicly accessible 
website of the Commission, in lieu of publication 
in the Federal Register. 
(2) QUORUM.—Five members of the Commission 
shall constitute a quorum for purposes of conducting 
business, except that two members of the Commission 
shall constitute a quorum for purposes of receiving 
testimony. 
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