1226 
covered item is pending, in progress, complete, or, 
pursuant to paragraph (2) of such section, extended. 
(B) The funding required for the covered fiscal 
year and for each subsequent fiscal year of the Future 
Years Defense Program to complete the pending or in 
progress cryptographic modernization by the required 
replacement date of each covered item. 
(C)(i) A description of deviations between the 
funding annually required to complete the moderniza-
tion prior to the required replacement date and the 
funding requested and planned within the Future 
Years Defense Program. 
(ii) An explanation— 
(I) justifying the deviations; and 
(II) of whether or how any delays resulting 
from a deviation shall be overcome to meet the 
required replacement date. 
(D) A description of operational or security risks 
resulting from each deviation from the modernization 
schedule required to meet replacement dates, includ-
ing a current intelligence assessment of adversary 
progress on exploiting the covered item. 
(E) For any covered item that remains in service 
past its required replacement date, a description of 
the number of times the covered item has been ex-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01226
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1227 
tended and the circumstances attending each such ex-
tension. 
(2) 
MITIGATION
ACTIVITIES
FOR
COVERED 
ITEMS.—(A) Whether activities to mitigate the risks 
associated with projected failure to replace a covered 
item by the required replacement date are planned, in 
progress, or complete. 
(B) The funding required for the covered fiscal 
year and for each subsequent fiscal year for required 
mitigation activities to complete any planned, pend-
ing, or in progress mitigation activities for a covered 
item. 
(C) A description of the activities planned in the 
covered fiscal year and each subsequent fiscal year to 
complete mitigation activities and an explanation of 
the efficacy of the mitigations. 
(c) FORM.—The display required by subsection (a) 
shall be included in unclassified form, but may include a 
classified annex. 
SEC. 1513. ESTABLISHING PROJECTS FOR DATA MANAGE-
MENT, ARTIFICIAL INTELLIGENCE, AND DIG-
ITAL SOLUTIONS. 
(a) ESTABLISHMENT OF PRIORITY PROJECTS.—The 
Deputy Secretary of Defense shall— 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01227
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1228 
(1) establish priority enterprise projects for data 
management, artificial intelligence, and digital solu-
tions for both business efficiency and warfighting ca-
pabilities intended to accelerate decision advantage; 
and 
(2) assign responsibilities for execution and 
funding of the projects established under paragraph 
(1). 
(b) ACTIONS REQUIRED.—To ensure implementation 
of the priority projects of the Deputy Secretary of Defense 
under subsection (a), and to instill data science and tech-
nology as a core discipline in the Department of Defense, 
the Deputy Secretary shall— 
(1) hold the heads of components accountable 
for— 
(A) making their component’s data avail-
able for use pursuant to the memorandum of the 
Deputy Secretary of Defense dated May 5, 2021, 
and titled ‘‘Creating Data Advantage’’, in ac-
cordance with plans developed and approved by 
the head of the component and the Deputy Sec-
retary; 
(B) developing, implementing, and report-
ing measurable actions to acquire, preserve, and 
grow the population of government and con-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01228
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1229 
tractor personnel with expertise in data manage-
ment, artificial intelligence, and digital solu-
tions; 
(C) making their components use data man-
agement practices, analytics processes, enterprise 
cloud computing environments, and operational 
test environments that are made available and 
specifically approved by the head of the compo-
nent and the Deputy Secretary; 
(D) identifying and reporting on an annual 
basis for Deputy Secretary approval those ongo-
ing programs and activities and new initiatives 
within their components to which the component 
head determines should be applied advanced 
analytics, digital technology, and artificial intel-
ligence; and 
(E) developing and implementing cybersecu-
rity and artificial intelligence security solutions, 
including preventative and mitigative technical 
solutions, red team assessments, to protect artifi-
cial intelligence systems, data, development proc-
esses, and applications from adversary actions; 
(2) require the Chief Digital and Artificial Intel-
ligence Officer, in coordination with the heads of com-
ponents, to develop and report on an actionable plan 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01229
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1230 
for the Deputy Secretary to reform the technologies, 
policies, and processes used to support accreditation 
and authority to operate decisions to enable rapid de-
ployment into operational environments of newly de-
veloped government, contractor, and commercial data 
management, artificial intelligence, and digital solu-
tions software; 
(3) require the Under Secretary of Defense for 
Personnel and Readiness, in coordination with the 
Chief Digital and Artificial Intelligence Officer and 
heads of components to define and establish career 
paths, work roles, and occupational specialties for ci-
vilian and military personnel in the fields of data 
management, artificial intelligence, and digital solu-
tions for the Deputy Secretary’s approval; and 
(4) establish a Departmental management re-
form goal for adoption and integration artificial in-
telligence or machine learning into business and 
warfighting processes, including the tracking of 
metrics, milestones, and initiatives to measure the 
progress of the Department in meeting that goal. 
(c) BRIEFINGS REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, and annually 
thereafter until December 31, 2025, the Deputy Secretary 
shall provide to the congressional defense committees a 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01230
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1231 
briefing on directives issued by the Deputy Secretary to im-
plement the requirements of this section and the status of 
implementation actions. 
(d) COMPONENT DEFINED.—In this section, the term 
‘‘component’’ means a military department, a combatant 
command, or a Defense Agency of the Department of De-
fense. 
SEC. 1514. OPERATIONAL TESTING FOR COMMERCIAL CY-
BERSECURITY CAPABILITIES. 
(a) DEVELOPMENT AND SUBMISSION OF PLANS.—Not 
later than February 1, 2024, the Chief Information Officer 
of the Department of Defense and the Chief Information Of-
ficers of the military departments shall develop and submit 
plans described in subsection (b) to the Director of Oper-
ational Test and Evaluation who may approve the imple-
mentation of the plans pursuant to subsection (c). 
(b) PLANS DESCRIBED.—The plans described in this 
subsection are plans that— 
(1) ensure covered cybersecurity capabilities are 
appropriately tested, evaluated, and proven oper-
ationally effective, suitable, and survivable prior to 
operation on a Department of Defense network; and 
(2) specify how test results will be expeditiously 
provided to the Director of Operational Test and 
Evaluation. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01231
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1232 
(c) ASSESSMENT.—In reviewing the plans submitted 
under subsection (a), the Director of Operational Test and 
Evaluation shall conduct an assessment that includes con-
sideration of the following: 
(1) Threat-realistic operational testing, includ-
ing representative environments, variation of oper-
ational conditions, and inclusion of a realistic oppos-
ing force. 
(2) The use of Department of Defense cyber red 
teams, as well as any enabling contract language re-
quired to permit threat-representative red team as-
sessments. 
(3) Collaboration with the personnel using the 
commercial cybersecurity capability regarding the re-
sults of the testing to improve operators’ ability to 
recognize and defend against cyberattacks. 
(4) The extent to which additional resources may 
be needed to remediate any shortfalls in capability to 
make the commercial cybersecurity capability effec-
tive, suitable, and cyber survivable in an operational 
environment of the Department. 
(5) Identification of training requirements, and 
changes to training, sustainment practices, or con-
cepts of operation or employment that may be needed 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01232
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1233 
to ensure the effectiveness, suitability, and cyber sur-
vivability of the commercial cybersecurity capability. 
(d) POLICIES AND REGULATIONS.—Not later than Feb-
ruary 1, 2024, the Secretary of Defense shall issue such poli-
cies and guidance and prescribe such regulations as the Sec-
retary determines necessary to carry out this section. 
(e) REPORTS.—Not later than January 31, 2025, and 
not less frequently than annually thereafter until January 
31, 2030, the Director shall include in each annual report 
required by section 139(h) of title 10, United States Code, 
the following: 
(1) The status of the plans developed under sub-
section (a). 
(2) The number and type of test and evaluation 
events completed in the past year for such plans, 
disaggregated by component of the Department, and 
including resources devoted to each event. 
(3) The results from such test and evaluation 
events, including any resource shortfalls affecting the 
number of commercial cybersecurity capabilities that 
could be assessed. 
(4) A summary of identified categories of com-
mon gaps and shortfalls found during testing. 
(5) The extent to which entities responsible for 
developing and testing commercial cybersecurity ca-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01233
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1234 
pabilities have responded to recommendations made 
by the Director in an effort to gain favorable deter-
minations. 
(6) Any identified lessons learned that would im-
pact training, sustainment, or concepts of operation 
or employment decisions relating to the assessed com-
mercial cybersecurity capabilities. 
(f) DEFINITION.—In this section, the term ‘‘covered cy-
bersecurity capabilities’’ means any of the following: 
(1) Commercial products (as defined in section 
103 of title 41, United States Code) acquired and de-
ployed by the Department of Defense to satisfy the cy-
bersecurity requirements of one or more Department 
components. 
(2) Commercially available off-the-shelf items (as 
defined in section 104 of title 41, United States Code) 
acquired and deployed by the Department of Defense 
to satisfy the cybersecurity requirements of one or 
more Department components. 
(3) Noncommercial items acquired through the 
Adaptive Acquisition Framework and deployed by the 
Department of Defense to satisfy the cybersecurity re-
quirements of one or more Department components. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01234
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1235 
Subtitle B—Information Operations 
SEC. 1521. REQUIREMENT TO NOTIFY CHIEF OF MISSION OF 
MILITARY OPERATION IN THE INFORMATION 
ENVIRONMENT. 
Chapter 19 of title 10, United States Code, as amended 
by section 1551, is further amended by adding at the end 
the following new section (and conforming the table of sec-
tions at the beginning of such chapter accordingly): 
‘‘§ 399. Notifications relating to military operations in 
the information environment: requirement 
to notify Chief of Mission 
‘‘The Secretary may not authorize a military oper-
ation in the information environment under this title in-
tended to cause an effect in a country unless the Secretary 
fully informs the chief of mission for that country under 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927) of the planned operation.’’. 
SEC. 1522. ASSESSMENT AND OPTIMIZATION OF DEPART-
MENT OF DEFENSE INFORMATION AND IN-
FLUENCE 
OPERATIONS 
CONDUCTED 
THROUGH CYBERSPACE. 
(a) ASSESSMENT AND PLAN.—Not later than 90 days 
after the date of the enactment of this Act, the Principal 
Information Operations Advisor and the Principal Cyber 
Advisor to the Secretary of Defense shall complete both an 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01235
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1236 
assessment and an optimization plan for information and 
influence operations conducted through cyberspace. 
(b) ELEMENTS.—The assessment under subsection (a) 
shall include the following: 
(1) An inventory of the components of the De-
partment of Defense conducting information and in-
fluence operations conducted through cyberspace. 
(2) An examination of sufficiency of resources al-
located for information and influence operations con-
ducted through cyberspace. 
(3) An evaluation of the command and control, 
oversight, and management of matters related to in-
formation and influence operations conducted through 
cyberspace across the Office of the Secretary of De-
fense and the Joint Staff. 
(4) An evaluation of the existing execution, co-
ordination, synchronization, deconfliction, and con-
sultative procedures and mechanisms for information 
and influence operations conducted through cyber-
space. 
(5) Any other matters determined relevant by the 
Principal Information Operations Advisor and the 
Principal Cyber Advisor to the Secretary of Defense. 
(c) OPTIMIZATION
PLAN.—The optimization plan 
under subsection (a) shall include the following: 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01236
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1237 
(1) Actions that the Department will implement 
to improve the execution, coordination, synchroni-
zation, deconfliction, and consultative procedures and 
mechanisms for information and influence operations 
conducted through cyberspace. 
(2) An evaluation of potential organizational 
changes required to optimize information and influ-
ence operations conducted through cyberspace. 
(3) Any other matters determined relevant by the 
Principal Information Operations Advisor and the 
Principal Cyber Advisor to the Secretary of Defense. 
(d) BRIEFINGS.—Not later than 30 days after com-
pleting the assessment and optimization plan under sub-
section (a), the Principal Information Operations Advisor 
and the Principal Cyber Advisor to the Secretary of Defense 
shall provide to the congressional defense committees a 
briefing on the assessment and plan. 
(e) IMPLEMENTATION.—Not later than 180 days after 
the date on which the briefing is provided under subsection 
(d), the Secretary of Defense shall implement the optimiza-
tion plan under subsection (a). 
SEC. 1523. JOINT INFORMATION OPERATIONS COURSE. 
(a) JOINT INFORMATION OPERATIONS COURSE.—The 
Secretary of Defense shall develop and provide to members 
of the Army, Navy, Air Force, Marine Corps, and Space 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01237
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1238 
Force a course to prepare the members to plan and conduct 
information operations in a joint environment pursuant to 
title 10, United States Code. Such course shall include— 
(1) standardized qualifications and procedures to 
enable the joint and synchronized employment of in-
formation-related capabilities in the information en-
vironment; 
(2) joint methods to implement information op-
erations in a battlefield environment under any 
ground force chain of command; and 
(3) a curriculum covering applicable assets, core 
information operations concepts, integration of effects 
with a specific focus on information-related effects, 
operational methodology, multi-dimensional targeting 
space, other information-related capabilities defined 
by governing policy, instruction, publications, and 
doctrine, and any other topics or areas determined 
necessary by the Secretary. 
(b) CONSIDERATION OF ONGOING EFFORTS.—The Sec-
retary shall ensure that the course under subsection (a) is 
developed in light of the information operations posture re-
view, gap analysis, strategy update, and designation of a 
Joint Force Trainer, occurring as of the date of the enact-
ment of this Act. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01238
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1239 
(c) SEMIANNUAL REPORTS.—Subsequent to the devel-
opment of the course under subsection (a), on a semiannual 
basis through January 1, 2028, the Secretary shall submit 
to the congressional defense committees a report on the 
course. Each report shall include, with respect to the period 
covered by the report— 
(1) the number of members described in sub-
section (a) who attended the course; and 
(2) an assessment of the value of the course in— 
(A) conducting joint operations in the infor-
mation environment; and 
(B) the synchronized employment of infor-
mation-related capabilities in the information 
environment. 
SEC. 1524. LIMITATION ON AVAILABILITY OF CERTAIN 
FUNDS UNTIL SUBMISSION OF JOINT LEXI-
CON FOR TERMS RELATED TO INFORMATION 
OPERATIONS. 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2023 for oper-
ation and maintenance, Defense-wide, and available for the 
Office of the Secretary of Defense for the travel of persons, 
not more than 75 percent may be obligated or expended 
until the date on which the Secretary submits to the Com-
mittees on Armed Services of the House of Representatives 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01239
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1240 
and the Senate the joint lexicon for terms related to infor-
mation operations required by section 1631(g)(1)(D) of the 
National Defense Authorization Act for Fiscal Year 2020 
(Public Law 116–92; 10 U.S.C. 397 note). 
SEC. 1525. LIMITATION ON AVAILABILITY OF FUNDS PEND-
ING SUBMITTAL OF INFORMATION OPER-
ATIONS STRATEGY AND POSTURE REVIEW. 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2023 for oper-
ation and maintenance, Defense-wide, for the Office of the 
Secretary of Defense for the travel of persons, not more than 
75 percent may be obligated or expended until the date that 
is 15 days after the date on which the Secretary of Defense 
submits to the Committees on Armed Services of the Senate 
and the House of Representatives the information oper-
ations strategy and posture review, including the designa-
tion of Information Operations Force Providers and Infor-
mation Operations Joint Force Trainers for the Depart-
ment of Defense, as required by section 1631(g) of the Na-
tional Defense Authorization Act for Fiscal Year 2020 (Pub-
lic Law 116–92; 10 U.S.C. 397 note). 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01240
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1241 
SEC. 1526. LIMITATION ON AVAILABILITY OF CERTAIN 
FUNDS UNTIL SUBMISSION OF ASSESSMENTS 
RELATING TO CYBERSECURITY OF THE DE-
FENSE INDUSTRIAL BASE. 
(a) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2023 for operation and maintenance, Defense-wide, 
and available for the Office of the Secretary of Defense, not 
more than 75 percent may be obligated or expended until 
the Deputy Secretary of Defense— 
(1) conducts the assessments under subsection 
(b); and 
(2) provides to the congressional defense commit-
tees the briefing under subsection (c). 
(b) ASSESSMENTS.—The Deputy Secretary shall con-
duct the following assessments: 
(1) An assessment of the framework for cyberse-
curity of the defense industrial base required by sec-
tion 1648 of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 
2224 note) to determine whether— 
(A) the current framework and plans for de-
fense industrial base cybersecurity are sufficient; 
and 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01241
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1242 
(B) alternative or additional courses of ac-
tion should be considered or adopted, includ-
ing— 
(i) establishing a secure software devel-
opment environment in a cloud environ-
ment inside the cybersecurity perimeter of 
the Department for contractors to perform 
their development work; 
(ii) establishing a secure cloud envi-
ronment through which contractors may ac-
cess the data of the Department needed for 
their contract work; 
(iii) enabling contractors to access cy-
bersecurity-as-a-service offerings, including 
cybersecurity services provided by the De-
partment; 
(iv) limiting the amount of program 
information held at tiers of subcontractors 
to that which is necessary for contract per-
formance; and 
(v) mechanisms and processes to ra-
tionalize and integrate the many separately 
managed defense industrial base cybersecu-
rity programs and activities conducted 
across the Department of Defense. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01242
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1243 
(2) An assessment of past and future planned ac-
tivities of the Department of Defense in furtherance of 
section 1724 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 
(Public Law 116–283; 10 U.S.C. 2224), including a 
detailed review of roles and responsibilities, and sup-
porting instructions and policy documents, for the 
Principal Cyber Advisor of the Department of De-
fense, the Chief Information Officer of the Department 
of Defense, the Under Secretary of Defense for Acqui-
sition and Sustainment, the Under Secretary of De-
fense for Policy, and the Under Secretary of Defense 
for Intelligence and Security, and the Under Sec-
retary of Defense (Comptroller). 
(c) BRIEFING.—The Deputy Secretary shall provide to 
the congressional defense committees a briefing on the as-
sessments conducted under subsection (b) and any decisions 
of and directions by the Deputy Secretary for improving 
the cybersecurity of the defense industrial base. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01243
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1244 
Subtitle C—Personnel 
SEC. 1531. CYBER OPERATIONS-PECULIAR AWARDS. 
Chapter 57 of title 10, United States Code, is amended 
by inserting after section 1124 the following new section: 
‘‘§ 1124a. Cyber operations-peculiar awards 
‘‘(a) AUTHORITY.—The Secretary of Defense and the 
Secretaries of the military departments may authorize the 
payment of a cash award to, and incur necessary expense 
for the honorary recognition of, a member of the covered 
armed forces whose novel actions, invention, or technical 
achievement enables or ensures operational outcomes in or 
through cyberspace against threats to national security. 
‘‘(b) ACTIONS DURING SERVICE.—An award under 
this section may be paid notwithstanding the member’s 
death, separation, or retirement from the covered armed 
forces. However, the novel action, invention, or technical 
achievement forming the basis for the award must have been 
made while the member was on active duty or in an active 
reserve status and not otherwise eligible for an award under 
chapter 45 of title 5. 
‘‘(c) PAYMENT.—Awards to, and expenses for the hon-
orary recognition of, members of the covered armed forces 
under this section may be paid from— 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01244
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1245 
‘‘(1) the funds or appropriations available to the 
activity primarily benefiting from the novel action, 
invention, or technical achievement; or 
‘‘(2) the several funds or appropriations of the 
various activities benefiting from the novel action, in-
vention, or technical achievement. 
‘‘(d) AMOUNTS.—The total amount of the award, or 
awards, made under this section for a novel action, inven-
tion, or technical achievement may not exceed $2,500, re-
gardless of the number of persons who may be entitled to 
share therein. 
‘‘(e) REGULATIONS.—Awards under this section shall 
be made under regulations to be prescribed by the Secretary 
of Defense or by the Secretaries of the military departments. 
‘‘(f) COVERED ARMED FORCES DEFINED.—In this sec-
tion, the term ‘covered armed forces’ means the Army, Navy, 
Air Force, Marine Corps, and Space Force.’’. 
SEC. 1532. ESTABLISHMENT OF CYBER OPERATIONS DESIG-
NATOR AND RATING FOR THE NAVY. 
(a) MILITARY CAREER FIELD.— 
(1) OFFICERS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
the Navy, in coordination with the Chief of Naval 
Operations, shall establish a cyber warfare operations 
designator for officers (including an intended billet 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01245
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1246 
base, functions, and training pipeline), which shall be 
a separate designator from the cryptologic warfare of-
ficer designator. 
(2) ENLISTED.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary, in co-
ordination with the Chief, shall establish a cyber war-
fare rating for enlisted personnel (including an in-
tended billet base, functions, and training pipeline), 
which shall be a separate rating from the cryptologic 
technician enlisted rating. 
(3) PLAN.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary, in coordi-
nation with the Chief, shall submit to the Committees 
on Armed Services of the House of Representatives 
and the Senate an implementation plan to carry out 
paragraphs (1) and (2). 
(b) REQUIREMENT.— 
(1) DEADLINE.—Except as provided by para-
graphs (2) and (3), the Secretary shall ensure that, 
beginning October 1, 2025, members of the Navy as-
signed to the cyber mission force shall be qualified 
with either the designator or rating established under 
subsection (a), as the case may be. 
(2) EXCEPTION.—The requirement under para-
graph (1) shall not apply to— 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01246
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1247 
(A) a member of the Navy who is assigned 
to the cyber mission force under orders issued be-
fore October 1, 2025; or 
(B) a position whose primary function is 
the provision of intelligence, foreign language, or 
administrative support to the cyber mission 
force. 
(3) WAIVER.—The Secretary may waive, on a 
case-by-case basis, the requirement under paragraph 
(1), except that the total number of such waivers 
made during a fiscal year may not exceed 10 percent 
of the total number of members of the Navy assigned 
to the cyber mission force (not counting members as-
signed to a position described in paragraph (2)(B)). 
(c) RESERVE MATTERS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary, 
in coordination with the Chief, shall direct the Chief of 
Navy Reserve to establish, and retain, a cadre of members 
of the Navy Reserve with the designator and rating estab-
lished under subsection (a). 
(d) OFFICER QUALIFICATIONS AND TRAINING.—The 
Secretary, in coordination with the Chief of Naval Oper-
ations and in consultation with the Commander of the 
United States Cyber Command, shall ensure that the desig-
nator established under subsection (a)(1) includes the devel-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01247
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1248 
opment and execution of a training curriculum and quali-
fication standards commensurate with those of the cyber of-
ficers of the Army and the Air Force. 
(e) COMMUNITY MANAGEMENT.—Not later than 270 
days after the date of the enactment of this Act, the Sec-
retary, acting through the Principal Cyber Advisor of the 
Navy, shall submit to the congressional defense committees, 
and provide to such committees a briefing on, the findings 
of a study on whether the designator and rating established 
under subsection (a), along with the Maritime Space Officer 
and the Cyberspace Warfare Engineer, should continue to 
be considered part of the information warfare community. 
(f) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit to 
the Committees on Armed Services of the House of Rep-
resentatives and Senate a report certifying that the fol-
lowing actions have been carried out or are in the process 
of being completed (including detailed explanations): 
(1) An identification by the Chief of Naval Oper-
ations of the resource manager within the Office of the 
Chief of Naval Operations for the designator and rat-
ing established under subsection (a). 
(2) An identification by the Chief of the type 
command at United States Fleet Forces Command re-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01248
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1249 
sponsible for manning and training the designator 
and rating established under subsection (a). 
(3) An inventory of those billets within the Cyber 
Mission Force, or any other service or joint assign-
ment that requires personnel (both officer and en-
listed) to conduct operations through cyberspace. 
(4) An inventory and position description of the 
those positions within the Cyber Mission Force that 
have been identified under subsection (b)(2)(B). 
(5) A funding profile detailing the complete costs 
associated with the designator and rating established 
under subsection (a), including costs associated with 
meeting the training requirements of the United 
States Cyber Command for the period covered by the 
most recent future-years defense program submitted to 
Congress under section 221 of title 10, United States 
Code. 
(6) An inventory of all flag officer positions at 
joint and naval components and commands con-
ducting or managing cyberspace operations and ac-
tivities, including with respect to— 
(A) the United States Cyber Command; 
(B) the Fleet Cyber Command; 
(C) Joint Forces Headquarters-Cyber, Navy; 
(D) 10th Fleet; 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01249
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1250 
(E) the Deputy Chief of Naval Operations 
for Information Warfare and the Director of 
Naval Intelligence; and 
(F) Naval Information Forces. 
(7) An update to the plan required under sub-
section (a)(3), including timelines and procedures, for 
filling the positions within the cyber mission force for 
which the Secretary is responsible. 
(8) Any anticipated changes to the end-strength 
of the Navy by reason of establishing the designator 
and rating under subsection (a). 
(9) The implementation of the designator and 
rating established under subsection (a) within the 
Navy Reserve. 
(10) The development and execution of the train-
ing curriculum and qualification standards under 
subsection (d). 
(g) LEADERSHIP QUALIFICATIONS.—The Secretary 
shall ensure that flag officers with the cyber warfare oper-
ations designator established under subsection (a) are pri-
marily employed in billets identified under subsection 
(f)(6). 
(h) DETERMINATION BY CYBER COMMAND.—Not later 
than 60 days after the date on which the Secretary submits 
the report under subsection (f), the Commander of the 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01250
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1251 
United States Cyber Command shall submit to the Commit-
tees on Armed Services of the House of Representatives and 
Senate a determination with respect to whether the matters 
contained in the report satisfy the requirements of the 
United States Cyber Command. 
SEC. 1533. TOTAL FORCE GENERATION FOR THE CYBER-
SPACE OPERATIONS FORCES. 
(a) STUDY.— 
(1) REQUIREMENT.—Not later than June 1, 
2024, the Secretary of Defense shall complete a study 
on the responsibilities of the military services for or-
ganizing, training, and presenting the total force to 
United States Cyber Command. 
(2) ELEMENTS.—The study under paragraph (1) 
shall assess the following: 
(A) Which military services should man, 
train, equip, and organize the forces necessary to 
execute the functions and missions of the Cyber 
Mission Force and the Cyberspace Operations 
Forces for assignment, allocation, and appor-
tionment to, or under the directive authority of, 
the United States Cyber Command. 
(B) The sufficiency of the military service 
accession and training model to provide forces to 
the Cyberspace Operations Forces and the suffi-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01251
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1252 
ciency of the accessions and personnel resourcing 
of the supporting command and control staffs 
necessary as a component to the United States 
Cyber Command. 
(C) The organization of the Cyber Mission 
Forces and whether the total forces or elements of 
the forces function best as a collection of inde-
pendent teams or through a different model. 
(D) How to correct chronic shortages of pro-
ficient personnel in key work roles. 
(E) The need for additional work roles or 
skills to enable effective infrastructure manage-
ment and generate access to targets. 
(F) What unique or training-intensive ex-
pertise is required for each of the work roles 
identified in subparagraph (E) and whether na-
tive talents to master unique and training-inten-
sive work roles can be identified and how per-
sonnel with those talents can be developed, re-
tained, and employed across the active and re-
serve components. 
(G) The appropriate pay scales, rotation or 
force management policies, career paths and pro-
gression, expertise-based grading, talent manage-
ment practices, and training for each of those 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01252
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1253 
work roles, given expected operational require-
ments. 
(H) Whether a single military service 
should be responsible for basic, intermediate, and 
advanced training for the Cyber Mission Force. 
(I) The level of training required before an 
individual should be assigned, allocated, or ap-
portioned to the United States Cyber Command. 
(J) Whether or how the duties of the Direc-
tor of the National Security Agency and the du-
ties of the Commander of United States Cyber 
Command, resting with a single individual, en-
able each respective organization, and whether 
technical directors and intelligence experts of the 
National Security Agency should serve rotations 
in the Cyber Mission Force. 
(K) How nonmilitary personnel, such as ci-
vilian government employees, contracted experts, 
commercial partners, and domain or technology- 
specific experts in industry or the intelligence 
community can serve in, augment, or support 
Cyber Mission Force teams. 
(L) What work roles in the Cyberspace Op-
erations Forces can only be filled by military 
personnel, which work roles can be filled by civil-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01253
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1254 
ian employees or contractors, and which work 
roles should be filled partially or fully by civil-
ians due to the need for longevity of service to 
achieve required skill levels or retention rates. 
(M) How specialized cyber experience, devel-
oped and maintained in the reserve component, 
can be more effectively leveraged to support the 
Cyberspace Operations Forces through innovative 
force generation models. 
(N) Whether the Department of Defense 
should create a separate service to perform the 
functions and missions currently performed by 
Cyber Mission Force units generated by multiple 
military services. 
(O) Whether the Department of Defense is 
maximizing partnerships with industry and 
other nontraditional sources of expertise and ca-
pacity in the areas of critical infrastructure pro-
tection and information sharing. 
(P) Whether the Defense Readiness Report-
ing System of the Department of Defense is suffi-
cient to capture Cyber Mission Force readiness 
metrics. 
(3) CONSIDERATIONS.—The study required by 
paragraph (1) shall consider existing models for total 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01254
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1255 
force generation practices and programs, as well as 
nontraditional and creative alternatives. 
(b) RECOMMENDATIONS.— 
(1) IN GENERAL.—Not later than June 1, 2024, 
the Principal Cyber Advisor of the Department of De-
fense and the Commander of the United States Cyber 
Command shall submit to the Secretary of Defense 
one or more recommendations, respectively, as to the 
future total force generation model for both the Cyber 
Mission Force and the Cyberspace Operations Forces. 
(2) MATTERS
ADDRESSED.—The recommenda-
tions under paragraph (1) shall address, at a min-
imum, each of the elements identified in subsection 
(a)(2). 
(c) ESTABLISHMENT
OF
A REVISED MODEL RE-
QUIRED.— 
(1) IN GENERAL.—Not later than December 31, 
2024, the Secretary of Defense shall establish a revised 
total force generation model for the Cyberspace Oper-
ations Forces. 
(2) ELEMENTS.—In establishing a revised total 
force generation model under paragraph (1), the Sec-
retary shall explicitly determine the following: 
(A) Whether the Navy should no longer be 
responsible for developing and presenting forces 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01255
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1256 
to the United States Cyber Command as part of 
the Cyber Mission Force or Cyberspace Oper-
ations Forces, including recommendations for 
corresponding transfer of responsibilities and as-
sociated resources and personnel for the existing 
and future year programmed Cyberspace Oper-
ations Forces or Cyber Mission Force resources. 
(B) Whether a single military service should 
be responsible for organizing, training, and 
equipping the Cyberspace Operations Forces, or 
if different services should be responsible for dif-
ferent components of the Cyberspace Operations 
Forces. 
(C) Whether modification of United States 
Cyber Command enhanced budget control au-
thorities are necessary to further improve total 
force generation for Cyberspace Operations 
Forces. 
(D) Implications of low service retention 
rates for critical roles within the Cyber Mission 
Force, and the mix of actions necessary to correct 
them, including multiple rotations in critical 
work roles, length of service commitments, repeat 
tours within the Cyber Mission Force, retention 
incentives across the entire Cyberspace Oper-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01256
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1257 
ations Forces, and best practices for generating 
the future force. 
(d) IMPLEMENTATION PLAN.—Not later than June 1, 
2025, the Secretary shall submit to the congressional defense 
committees an implementation plan for effecting the revised 
total force generation model required under subsection (c). 
(e) PROGRESS BRIEFING.—Not later than 90 days 
after the date of the enactment of this Act, and not less fre-
quently than once every 180 days thereafter until receipt 
of the plan required by subsection (d), the Secretary shall 
provide the congressional defense committees with a briefing 
on the progress made in carrying out this section. 
(f) ADDITIONAL
CONSIDERATIONS.—The Secretary 
shall ensure that subsections (a) through (c) are carried out 
with consideration to matters relating to the following: 
(1) The cybersecurity service providers, local de-
fenders, and information technology personnel who 
own, operate, and defend the information networks of 
the Department of Defense. 
(2) Equipping the Cyberspace Operations Forces 
to include infrastructure management. 
(3) Providing intelligence support to the Cyber-
space Operations Forces. 
(4) The resources, including billets, needed to ac-
count for any recommended changes. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01257
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1258 
SEC. 1534. CORRECTING CYBER MISSION FORCE READINESS 
SHORTFALLS. 
(a) PLAN AND BRIEFING REQUIRED.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Defense, the Chairman of the Joint Chiefs of 
Staff, and the Secretaries of the military departments shall 
jointly— 
(1) develop a near-term plan to correct readiness 
shortfalls in the Cyber Mission Forces over the period 
covered by the most recent future-years defense pro-
gram submitted to Congress under section 221 of title 
10, United States Code; 
(2) develop recommendations for such legislative 
action as the Secretary of Defense, the Chairman, and 
the Secretaries of the military departments jointly 
consider appropriate to correct the readiness shortfalls 
described in paragraph (1); and 
(3) provide to the congressional defense commit-
tees a briefing on the plan under paragraph (1) and 
the recommendations under paragraph (2). 
(b) IMPLEMENTATION.—Not later than 30 days after 
the date of the briefing provided under paragraph (3) of 
subsection (a), the Secretary of Defense and the Chairman 
shall commence implementation of the aspects of the plan 
developed under paragraph (1) of such subsection that are 
not dependent upon legislative action. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01258
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1259 
(c) MATTERS TO BE ADDRESSED.—In developing the 
plan under paragraph (1) of subsection (a), the Secretary 
of Defense, the Chairman, and the Secretaries of the mili-
tary departments shall consider and explicitly address 
through analysis the following potential courses of action, 
singly and in combination, to increase the availability of 
personnel in key work roles: 
(1) Determining the correct number of personnel 
necessary to fill key work roles, including the proper 
force mix of civilian, military, and contractor per-
sonnel, and the means necessary to meet those require-
ments. 
(2) Employing civilians rather than military 
personnel in key work roles. 
(3) Expanding training capacity. 
(4) Modifying or creating new training models. 
(5) Maximizing use of compensation and incen-
tive authorities, including increasing bonuses and 
special pays, and alternative compensation mecha-
nisms. 
(6) Modifying career paths and service policies 
to permit consecutive assignments in key work roles 
without jeopardizing promotion opportunities. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01259
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1260 
(7) Increasing service commitments following 
training commensurate with the value of the key work 
role training. 
(8) Standardizing compensation models across 
the services. 
(9) Requiring multiple rotations within the 
Cyber Mission Forces for key work roles. 
(10) Adopting and implementing what are 
known as ‘‘rank in person’’ policies that enable civil-
ian personnel to be promoted on the basis of skills 
and abilities demonstrated in a given position. 
(11) A review of departmental guidance and 
processes consistent with section 167b(d)(2)(A)(x) of 
title 10, United States Code, with respect to the au-
thority of the Commander of United States Cyber 
Command to monitor the promotions of certain cyber 
operations forces and coordinate with the Secretaries 
regarding the assignment, retention, training, profes-
sional military education, and special and incentive 
pays of certain cyber operations forces, including— 
(A) the recruiting, retention, professional 
military education, and promotion of certain 
cyber operations personnel; 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01260
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1261 
(B) the sharing of personnel data between 
the military departments and the United States 
Cyber Command; and 
(C) structures, departmental guidance, and 
processes developed between the military depart-
ments and the United States Special Operations 
Command with respect to the authority of the 
Commander of the United States Special Oper-
ations 
Command 
described 
in 
section 
167(e)(2)(J) of title 10, United States Code, that 
could be used as a model for the United States 
Cyber Command. 
(d) KEY WORK ROLES DEFINED.—In this section, the 
term ‘‘key work roles’’ means work roles that consist of ac-
cess development, tool development, and exploitation anal-
ysis. 
SEC. 1535. DEPARTMENT OF DEFENSE CYBER AND DIGITAL 
SERVICE ACADEMY. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Defense, in 
consultation with the Secretary of Homeland Security 
and the Director of the Office of Personnel and Man-
agement, shall establish a program to provide finan-
cial support for pursuit of programs of education at 
institutions of high education in covered disciplines. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01261
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1262 
(2) COVERED DISCIPLINES.—For purposes of the 
Program, a covered discipline is a discipline that the 
Secretary of Defense determines is critically needed 
and is cyber- or digital technology-related, including 
the following: 
(A) Computer-related arts and sciences. 
(B) Cyber-related engineering. 
(C) Cyber-related law and policy. 
(D) Applied analytics related sciences, data 
management, and digital engineering, including 
artificial intelligence and machine learning. 
(E) Such other disciplines relating to cyber, 
cybersecurity, digital technology, or supporting 
functions as the Secretary of Defense considers 
appropriate. 
(3) DESIGNATION.—The program established 
under paragraph (1) shall be known as the ‘‘Depart-
ment of Defense Cyber and Digital Service Academy’’ 
(in this section referred to as the ‘‘Program’’). 
(b) PROGRAM DESCRIPTION AND COMPONENTS.—The 
Program shall— 
(1) provide scholarships through institutions of 
higher education to students who are enrolled in pro-
grams of education at such institutions leading to de-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01262
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1263 
grees or specialized program certifications in covered 
disciplines; and 
(2) prioritize the placement of scholarship recipi-
ents fulfilling the post-award employment obligation 
under this section. 
(c) SCHOLARSHIP AMOUNTS.— 
(1) AMOUNT OF ASSISTANCE.—(A) Each scholar-
ship under the Program shall be in such amount as 
the Secretary determines necessary— 
(i) to pay all educational expenses incurred 
by that person, including tuition, fees, cost of 
books, and laboratory expenses, for the pursuit of 
the program of education for which the assist-
ance is provided under the Program; and 
(ii) to provide a stipend for room and 
board. 
(B) The Secretary shall ensure that expenses 
paid are limited to those educational expenses nor-
mally incurred by students at the institution of high-
er education involved. 
(2) SUPPORT FOR INTERNSHIP ACTIVITIES.—The 
financial assistance for a person under this section 
may also be provided to support internship activities 
of the person in the Department of Defense and com-
bat support agencies in periods between the academic 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01263
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1264 
years leading to the degree or specialized program 
certification for which assistance is provided the per-
son under the Program. 
(3) PERIOD
OF
SUPPORT.—Each scholarship 
under the Program shall be for not more than 5 years. 
(4) 
ADDITIONAL
STIPEND.—Students 
dem-
onstrating financial need, as determined by the Sec-
retary, may be provided with an additional stipend 
under the Program. 
(d) POST-AWARD EMPLOYMENT OBLIGATIONS.—Each 
scholarship recipient, as a condition of receiving a scholar-
ship under the Program, shall enter into an agreement 
under which the recipient agrees to work for a period equal 
to the length of the scholarship, following receipt of the stu-
dent’s degree or specialized program certification, in the 
cyber- and digital technology-related missions of the De-
partment, in accordance with the terms and conditions 
specified by the Secretary in regulations the Secretary shall 
promulgate to carry out this subsection. 
(e) HIRING AUTHORITY.—In carrying out this section, 
specifically with respect to enforcing the obligations and 
conditions of employment under subsection (d), the Sec-
retary may use any authority otherwise available to the 
Secretary for the recruitment, employment, and retention 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01264
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1265 
of civilian personnel within the Department, including au-
thority under section 1599f of title 10, United States Code. 
(f) ELIGIBILITY.—To be eligible to receive a scholar-
ship under the Program, an individual shall— 
(1) be a citizen or lawful permanent resident of 
the United States; 
(2) demonstrate a commitment to a career in 
improving the security of information technology or 
advancing the development and application of digital 
technology; 
(3) have demonstrated a high level of competency 
in relevant knowledge, skills, and abilities, as defined 
by the national cybersecurity awareness and edu-
cation program under section 303 of the Cybersecu-
rity Enhancement Act of 2014 (15 U.S.C. 7443); 
(4) be a full-time student, or have been accepted 
as a full-time student, in a program leading to a de-
gree or specialized program certification in a covered 
discipline at an institution of higher education; 
(5) enter into an agreement accepting and ac-
knowledging the post award employment obligations, 
pursuant to section (d); 
(6) accept and acknowledge the conditions of 
support under section (g); and 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01265
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1266 
(7) meet such other requirements for a scholar-
ship as determined appropriate by the Secretary. 
(g) CONDITIONS OF SUPPORT.— 
(1) IN GENERAL.—As a condition of receiving a 
scholarship under this section, a recipient shall agree 
to provide the Office of Personnel Management (in co-
ordination with the Department of Defense) and the 
institutions of higher education described in sub-
section (a)(1) with annual verifiable documentation 
of post-award employment and up-to-date contact in-
formation. 
(2) TERMS.—A scholarship recipient under the 
Program shall be liable to the United States as pro-
vided in subsection (i) if the individual— 
(A) fails to maintain an acceptable level of 
academic standing at the applicable institution 
of higher education, as determined by the Sec-
retary; 
(B) is dismissed from the applicable institu-
tion of higher education for disciplinary reasons; 
(C) withdraws from the eligible degree pro-
gram before completing the Program; 
(D) declares that the individual does not in-
tend to fulfill the post-award employment obliga-
tion under this section; 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01266
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1267 
(E) fails to maintain or fulfill any of the 
post-graduation or post-award obligations or re-
quirements of the individual; or 
(F) fails to fulfill the requirements of para-
graph (1). 
(h) MONITORING COMPLIANCE.—As a condition of 
participating in the Program, an institution of higher edu-
cation shall— 
(1) enter into an agreement with the Secretary 
to monitor the compliance of scholarship recipients 
with respect to their post-award employment obliga-
tions; and 
(2) provide to the Secretary and the Director of 
the Office of Personnel Management, on an annual 
basis, the post-award employment documentation re-
quired under subsection (g)(1) for scholarship recipi-
ents through the completion of their post-award em-
ployment obligations. 
(i) AMOUNT OF REPAYMENT.— 
(1) LESS THAN 1 YEAR OF SERVICE.—If a cir-
cumstance described in subsection (g)(2) occurs before 
the completion of 1 year of a post-award employment 
obligation under the Program, the total amount of 
scholarship awards received by the individual under 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01267
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1268 
the Program shall be considered a debt to the Govern-
ment and repaid in its entirety. 
(2) 1 OR MORE YEARS OF SERVICE.—If a cir-
cumstance described in subparagraph (D) or (E) of 
subsection (g)(2) occurs after the completion of 1 or 
more years of a post-award employment obligation 
under the Program, the total amount of scholarship 
awards received by the individual under the Program, 
reduced by the ratio of the number of years of service 
completed divided by the number of years of service 
required, shall be considered a debt to the Government 
and repaid in accordance with subsection (j). 
(j) REPAYMENTS.—A debt described subsection (i) shall 
be subject to repayment, together with interest thereon ac-
cruing from the date of the scholarship award, in accord-
ance with terms and conditions specified by the Secretary 
in regulations promulgated to carry out this subsection. 
(k) COLLECTION OF REPAYMENT.— 
(1) IN GENERAL.—In the event that a scholar-
ship recipient is required to repay the scholarship 
award under the Program, the institution of higher 
education providing the scholarship shall— 
(A) determine the repayment amounts and 
notify the recipient, the Secretary, and the Di-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01268
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1269 
rector of the Office of Personnel Management of 
the amounts owed; and 
(B) collect the repayment amounts within a 
period of time as determined by the Secretary. 
(2) RETURNED TO TREASURY.—Except as pro-
vided in paragraph (3), any repayment under this 
subsection shall be returned to the Treasury of the 
United States. 
(3) RETAIN
PERCENTAGE.—An institution of 
higher education may retain a percentage of any re-
payment the institution collects under this subsection 
to defray administrative costs associated with the col-
lection. The Secretary shall establish a single, fixed 
percentage that will apply to all eligible entities. 
(l) PUBLIC INFORMATION.— 
(1) EVALUATION.—The Secretary, in coordina-
tion with the Director of the Office of Personnel Man-
agement, shall periodically evaluate and make public, 
in a manner that protects the personally identifiable 
information of scholarship recipients, information on 
the success of recruiting individuals for scholarships 
under the Program and on hiring and retaining those 
individuals in the Department of Defense workforce, 
including information on— 
(A) placement rates; 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01269
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1270 
(B) where students are placed, including job 
titles and descriptions; 
(C) salary ranges for students not released 
from obligations under this section; 
(D) how long after graduation students are 
placed; 
(E) how long students stay in the positions 
they enter upon graduation; 
(F) how many students are released from 
obligations; and 
(G) what, if any, remedial training is re-
quired. 
(2) REPORTS.—The Secretary, in consultation 
with the Office of Personnel Management, shall sub-
mit, not less frequently than once every two years, to 
Congress a report, including— 
(A) the results of the evaluation under para-
graph (1); 
(B) the disparity in any reporting between 
scholarship recipients and their respective insti-
tutions of higher education; and 
(C) any recent statistics regarding the size, 
composition, and educational requirements of the 
relevant Department of Defense workforce. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01270
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1271 
(3) RESOURCES.—The Secretary, in coordina-
tion with the Director of the Office of Personnel Man-
agement, shall provide consolidated and user-friendly 
online resources for prospective scholarship recipients, 
including, to the extent practicable— 
(A) searchable, up-to-date, and accurate in-
formation about participating institutions of 
higher education and job opportunities relating 
to covered disciplines; and 
(B) a modernized description of careers in 
covered disciplines. 
(m) ALLOCATION OF FUNDING.— 
(1) IN GENERAL.—Not less than 50 percent of the 
amount available for financial assistance under this 
section for a fiscal year shall be available only for 
providing financial assistance for the pursuit of pro-
grams of education referred to in subsection (b)(1) at 
institutions of higher education that have established, 
improved, or are administering programs of edu-
cation in disciplines under the grant program estab-
lished in section 2200b of title 10, United States 
Code, as determined by the Secretary. 
(2) ASSOCIATE
DEGREES.—Not less than five 
percent of the amount available for financial assist-
ance under this section for a fiscal year shall be 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01271
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1272 
available for providing financial assistance for the 
pursuit of an associate degree at an institution de-
scribed in paragraph (1). 
(n) BOARD OF DIRECTORS.—In order to help identify 
workforce needs and trends relevant to the Program, the 
Secretary may establish a board of directors for the Pro-
gram that consists of representatives of Federal departments 
and agencies. 
(o) COMMENCEMENT
OF PROGRAM.—The Secretary 
shall commence the Program as early as practicable, with 
the first scholarships awarded under the Program for the 
academic year beginning no later than the fall semester of 
2024. 
SEC. 1536. REPORT ON RECOMMENDATIONS FROM NAVY CI-
VILIAN CAREER PATH STUDY. 
(a) REPORT.— 
(1) REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of the Navy shall submit to the congressional 
defense committees a report on the recommendations 
made in the report submitted to the congressional de-
fense committees under section 1653(a)(2) of the Na-
tional Defense Authorization Act for Fiscal Year 2020 
(Public Law 116–92; 133 Stat. 1763) relating to im-
proving cyber career paths in the Navy. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01272
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1273 
(2) CONTENTS.—The report under paragraph (1) 
shall include the following: 
(A) A description of each recommendation 
described in such paragraph that has already 
been implemented. 
(B) A description of each recommendation 
described in such paragraph that the Secretary 
has commenced implementing, including a jus-
tification for determining to commence imple-
menting the recommendation. 
(C) A description of each recommendation 
described in such paragraph that the Secretary 
has not implemented or commenced imple-
menting and a determination as to whether or 
not to implement the recommendation. 
(D) For each recommendation under sub-
paragraph (C) that the Secretary determines to 
implement— 
(i) a timeline for implementation; 
(ii) a description of any additional re-
sources or authorities required for imple-
mentation; and 
(iii) the plan for implementation. 
(E) For each recommendation under sub-
paragraph (C) that the Secretary determines not 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01273
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1274 
to implement, a justification for the determina-
tion not to implement. 
(3) FORMAT.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(b) REVIEW
BY COMPTROLLER GENERAL
OF
THE 
UNITED STATES.— 
(1) REVIEW.—Not later than 180 days after the 
date on which the Secretary submits the report under 
subsection (a), the Comptroller General of the United 
States shall conduct a review of such report. 
(2) ELEMENTS.—The review under paragraph 
(1) shall include an assessment of the following: 
(A) The extent to which the Secretary has 
implemented the recommendations described in 
subsection (a)(1). 
(B) Additional recommended actions for the 
Secretary to take to improve the readiness and 
retention of the cyber workforce of the Navy. 
(3) INTERIM BRIEFING.—Not later than 90 days 
after the date on which the Secretary submits the re-
port under subsection (a), the Comptroller General 
shall provide to the congressional defense committees 
a briefing on the preliminary findings of the Comp-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01274
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1275 
troller General with respect to the review conducted 
under paragraph (1). 
(4) FINAL
REPORT.—The Comptroller General 
shall submit to the congressional defense committees a 
report on the findings of the Comptroller General 
with respect to the review under paragraph (1) at 
such time and in such format as is mutually agreed 
upon by the committees and the Comptroller General 
at the time of the briefing under paragraph (3). 
SEC. 1537. STUDY TO DETERMINE OPTIMAL STRATEGY FOR 
STRUCTURING AND MANNING ELEMENTS OF 
JOINT FORCE HEADQUARTERS–CYBER ORGA-
NIZATIONS, 
JOINT 
MISSION 
OPERATIONS 
CENTERS, 
AND 
CYBER 
OPERATIONS-INTE-
GRATED PLANNING ELEMENTS. 
(a) STUDY.— 
(1) REQUIREMENT.—The Principal Cyber Advi-
sor of the Department of Defense, in coordination 
with the commanders of the combatant commands, 
shall conduct a study to determine the optimal strat-
egy for structuring and manning elements of the fol-
lowing: 
(A) Joint Force Headquarters Cyber Orga-
nizations. 
(B) Joint Mission Operations Centers. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01275
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1276 
(C) Cyber Operations–Integrated Planning 
Elements. 
(D) Joint Cyber Centers. 
(2) ELEMENTS.—The study under paragraph (1) 
shall include an assessment of each of the following: 
(A) Operational effects on the military serv-
ices if each of the entities listed in subpara-
graphs (A) through (C) of paragraph (1) are re-
structured from organizations that are compo-
nents of the military services to joint organiza-
tions. 
(B) Existing barriers or impediments to 
designate positions within each of the entities 
listed in such subparagraphs (A), (B), and (C) 
as joint billets for joint qualification purposes. 
(C) Operational and organizational effects 
on the military services, the United States Cyber 
Command, other combatant commands, and the 
Joint Staff if the entities listed in subparagraphs 
(A) through (D) of paragraph (1) are realigned, 
restructured, or consolidated. 
(D) Operational and organizational effects 
and advisement of standardizing a minimum set 
of roles and responsibilities of the Joint Cyber 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01276
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1277 
Centers, or the equivalent entity, of the combat-
ant commands. 
(E) Clarification of the relationship and 
differentiation between Cyber Operations–Inte-
grated Planning Elements and Joint Cyber Cen-
ters of the combatant commands. 
(F) A complete inventory of mission essen-
tial tasks for the entities listed in such subpara-
graphs (A) through (D). 
(G) A description of cyber activities in geo-
graphic and functional combatant command 
campaign plans and resources aligned to those 
activities. 
(b) BRIEFINGS.—Not later than 180 days after the 
date of the enactment of this Act, and not less frequently 
than once every 120 days until March 31, 2024, the Prin-
cipal Cyber Advisor of the Department shall provide to the 
Committees on Armed Services of the Senate and the House 
of Representatives a briefing on the status of the study 
under subsection (a). 
(c) REPORT.— 
(1) REQUIREMENT.—Not later than March 31, 
2024, the Principal Cyber Advisor of the Department 
shall submit to the Committees on Armed Services of 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01277
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1278 
the Senate and the House of Representatives a report 
on the study under subsection (a). 
(2) CONTENTS.—The report under paragraph (1) 
shall contain the following: 
(A) The findings of the Principal Cyber Ad-
visor with respect to the study under subsection 
(a). 
(B) Details of the operational and organiza-
tional effects assessed under paragraph (2) of 
such subsection. 
(C) A plan to carry out the transfer de-
scribed in subparagraph (B) of such paragraph 
and the associated costs, as appropriate. 
(D) A plan to realign, restructure, or con-
solidate the entities listed in subparagraphs (A) 
through (D) of subsection (a)(1). 
(E) Such other matters as the Principal 
Cyber Advisor considers appropriate. 
SEC. 1538. MANNING REVIEW OF SPACE FORCE CYBER 
SQUADRONS. 
(a) REQUIREMENT.—Not later than 210 days after the 
date of the enactment of this Act, the Secretary of the Air 
Force, in coordination with the Chief of Space Operations, 
shall submit to the congressional defense committees a re-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01278
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1279 
view of the manning required to fully staff the current and 
planned cyber squadrons of the Space Force. 
(b) MATTERS INCLUDED.— 
(1) ELEMENTS.—The review under subsection 
(a) shall include considerations of the following: 
(A) The specific sourcing of existing billets 
of the Space Force optimally postured for trans-
fer to cyber squadrons. 
(B) The administrative processes required 
to shift billets and existing funding to cyber 
squadrons. 
(C) The responsibilities and functions per-
formed by military personnel and civilian per-
sonnel. 
(D) The benefits and risks to the Space 
Force approach of transferring billets to cyber 
squadrons. 
(2) ROADMAP.—The review under subsection (a) 
shall include a transition roadmap that outlines a 
comprehensive transition for the transfer of billets de-
scribed in paragraph (1) by not later than September 
30, 2024. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01279
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1280 
SEC. 1539. INDEPENDENT REVIEW OF POSTURE AND STAFF-
ING LEVELS OF OFFICE OF THE CHIEF INFOR-
MATION OFFICER. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall seek to enter into an agreement with an appropriate 
non-Department of Defense entity for the conduct of a com-
prehensive review of the posture and adequacy of the staff-
ing levels of the Office of the Chief Information Officer of 
the Department of Defense, as of the date of the enactment 
of this Act. 
(b) MATTERS FOR CONSIDERATION.—An agreement 
under subsection (a) shall specify that the review conducted 
under the agreement shall include the evaluation of each 
of the following: 
(1) Any limitations or constraints of the Office 
of the Chief Information Officer in performing the en-
tirety of the responsibilities specified in section 142(b) 
of title 10, United States Code, and responsibilities 
assigned by the Secretary of Defense, based on the 
staffing levels of the Office as of the date of the enact-
ment of this Act. 
(2) The composition of civilian, military, and 
contractor personnel assigned to the Office of the Chief 
Information Officer, as of such date, including the oc-
cupational series and military occupational special-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01280
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1281 
ties of such personnel, relative to the responsibilities 
specified in paragraph (1). 
(3) The organizational construct of the Office of 
the Chief Information Officer, as of such date. 
(c) RECOMMENDATIONS.—An agreement under sub-
section (a) shall specify that the review conducted under 
the agreement shall include recommendations for the Chief 
Information Officer and the congressional defense commit-
tees, including recommendations derived from the matters 
for consideration specified under subsection (b). 
(d) SUBMISSION.—Not later than 30 days after the 
date of the completion of the review under subsection (a), 
the Secretary of Defense shall submit to the congressional 
defense committees a copy of the review. 
SEC. 1540. INDEPENDENT ASSESSMENT OF CIVILIAN CY-
BERSECURITY RESERVE FOR DEPARTMENT 
OF DEFENSE. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Defense shall 
seek to enter into an agreement with a nonprofit entity or 
a federally funded research and development center with ex-
pertise in cybersecurity and workforce management to con-
duct an assessment of the feasibility and advisability of cre-
ating and maintaining a civilian cybersecurity reserve 
corps to enable the Department of Defense and military 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01281
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1282 
services to provide qualified civilian manpower to the De-
partment of Defense to effectively respond to significant 
cyber incidents or to assist in solving other exceptionally 
difficult cyber workforce-related challenges. 
(b) CONSIDERATION OF PRIOR REPORT.— 
(1) IN GENERAL.—In conducting the assessment 
required by subsection (a), the entity or center shall 
take into consideration the results of the evaluation of 
nontraditional cyber support to the Department of 
Defense required by section 1730 of the William M. 
(Mac) Thornberry National Defense Authorization Act 
for Fiscal Year 2021 (Public Law 116–283). 
(2) LIMITATION
ON
AVAILABILITY
OF
FUNDS 
PENDING SUBMISSION OF REPORT.—Of the funds au-
thorized to be appropriated by this Act or otherwise 
made available for fiscal year 2023 for the Under 
Secretary of Defense for Policy, not more than 75 per-
cent may be obligated or expended until the date on 
which the Principal Cyber Advisor submits the report 
referenced in paragraph (1). 
(c) ELEMENTS.—The assessment conducted under sub-
section (a) shall include analysis of the following matters: 
(1) The feasibility of the concept of a civilian cy-
bersecurity reserve program, including an analysis of 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01282
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1283 
the available talent pool, potential impact on employ-
ers, and propensity to serve. 
(2) The likelihood of utilizing civilian cybersecu-
rity reservists to augment the existing Department of 
Defense workforce, including an assessment of the du-
ration of periods of activation. 
(3) The result of outreach conducted with indus-
try and State and Federal Government agencies em-
ploying individuals likely to meet qualification cri-
teria for service in such a program. 
(4) The necessity for participants to access clas-
sified information, and the need to maintain appro-
priate security clearances as a participant in the pro-
gram, including while not in Federal service. 
(5) Appropriate compensation and benefits for 
members of such a program. 
(6) Activities that members may undertake as 
part of their duties. 
(7) Methods for identifying and recruiting mem-
bers, including alternative methods to traditional 
qualifications requirements. 
(8) Methods for preventing conflicts of interest or 
other ethical concerns as a result of participation in 
such a program. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01283
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1284 
(9) Resources, including funding levels, necessary 
to carry out such a program. 
(10) Potential penalties or other adverse action 
taken against individuals who do not respond to acti-
vation when called. 
(11) Any other matters the Secretary considers 
relevant for the purpose of this assessment. 
(d) REPORTS.— 
(1) IN GENERAL.—Not later than 270 days after 
the date on which the Secretary enters into the agree-
ment described in subsection (a), such entity or center 
shall submit to the Secretary a report on the results 
of the research and analysis under such subsection. 
(2) SUBMISSION TO CONGRESS.—Not later than 
one year after the date of enactment of this Act, the 
Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Rep-
resentatives each of the following: 
(A) A copy of the report submitted under 
paragraph (1) without change. 
(B) Any comments, changes, recommenda-
tions, or other information provided by the Sec-
retary of Defense relating to the research and 
analysis conducted under subsection (a) and con-
tained in such report, including a specific rec-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01284
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1285 
ommendation on whether a civilian cybersecurity 
reserve should be established, as described in such 
subsection, or with modification. 
SEC. 1541. COMPREHENSIVE REVIEW OF CYBER EXCEPTED 
SERVICE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Chief Information Officer 
of the Department of Defense and the Under Secretary of 
Defense for Personnel and Readiness, in coordination with 
the Chief Digital and Artificial Intelligence Officer and the 
Principal Cyber Advisor of the Department, shall conduct 
a comprehensive review of the Cyber Excepted Service estab-
lished pursuant to section 1599f of title 10, United States 
Code. 
(b) ELEMENTS.—The review required under subsection 
(a) shall include the following: 
(1) An assessment of barriers to participation in 
Cyber Excepted Service positions, including— 
(A) criteria for eligibility of potential De-
partment of Defense components and entities for 
participation in the Cyber Excepted Service; 
(B) potential and structural limitations of 
the Cyber Excepted Service, including impedi-
ments to mobility or advancement by civilian 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01285
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1286 
employees currently in billets coded for Cyber 
Excepted Service; 
(C) challenges to transition between com-
petitive and excepted service; 
(D) matters relating to pay disparity and 
challenges with compensation relative to the skill 
sets and value of such civilian employees in the 
private sector; 
(E) differences between compensation, in-
centives, benefits, and access to career-broadening 
experiences; 
(F) the eligibility for participation in the 
Cyber Excepted Service of civilian employees 
who are assigned to the Office of the Chief Dig-
ital and Artificial Intelligence Officer; 
(G) the current and necessary mechanisms 
to deconflict occasions when individuals can be 
considered eligible for two or more excepted serv-
ice systems; and 
(H) any other barriers as determined by the 
Secretary. 
(2) An evaluation of the process used in accept-
ing applications, assessing candidates, and the proc-
ess for and effect of adhering to provisions of law es-
tablishing preferences for hiring eligible veterans, and 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01286
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1287 
selecting applicants for vacancies to be filled by an 
individual for a Cyber Excepted Service position. 
(3) An evaluation of current efforts to recruit 
and retain employees in Cyber Excepted Service posi-
tions. 
(4) A description of current performance metrics 
used in evaluating the Cyber Excepted Service. 
(5) An assessment of how current efforts to de-
velop, sustain, and improve the Cyber Excepted Serv-
ice are integrated into the strategic workforce plan-
ning of the Department. 
(6) Current metrics for— 
(A) the number of employees in Cyber Ex-
cepted Service positions, disaggregated by occu-
pation, grade, and level or pay band; 
(B) the placement of employees in Cyber 
Excepted Service positions, disaggregated by 
military department, Defense agency, or other 
component within the Department; 
(C) the total number of veterans hired; 
(D) the number of separations of employees 
in 
Cyber 
Excepted 
Service 
positions, 
disaggregated by occupation, grade, and level or 
pay band; 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01287
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1288 
(E) the number of retirements of employees 
in 
Cyber 
Excepted 
Service 
positions, 
disaggregated by occupation, grade, and level or 
pay band; 
(F) the number and amounts of recruit-
ment, relocation, and retention incentives paid 
to employees in Cyber Excepted Service posi-
tions, disaggregated by occupation, grade, and 
level or pay band; and 
(G) the number of employees who declined 
transition to qualified Cyber Excepted Service 
positions. 
(7) An assessment of the training provided to su-
pervisors of employees in Cyber Excepted Service po-
sitions on the use of the new authorities. 
(8) An assessment of the implementation of sec-
tion 1599f(a)(1)(A) of title 10, United States Code, 
including— 
(A) how each military department, Defense 
agency, or other component within the Depart-
ment is incorporating or intends to incorporate 
Cyber Excepted Service personnel in their cyber 
mission workforce; and 
(B) how the Cyber Excepted Service has al-
lowed each military department, Defense agency, 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01288
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1289 
or other component within the Department to es-
tablish, recruit and retain personnel to fill cyber 
mission workforce needs. 
(9) Recommendations for the Secretary of De-
fense and the congressional defense committees with 
respect to the improvement of the Cyber Excepted 
Service, including recommendations derived from the 
consideration of the elements specified in paragraphs 
(1) through (8). 
(c) SUBMISSION.—Not later than 30 days after the 
completion of the review under subsection (a), the Chief In-
formation Officer shall submit to the congressional defense 
committees a copy of the review. 
(d) ANNUAL UPDATE.—Not later than one year after 
the submission of the review under subsection (c), and not 
less frequently than once each year thereafter until Sep-
tember 30, 2028, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representa-
tives an update on progress made in enacting recommenda-
tions identified pursuant to paragraph (9) of subsection (b) 
and a detailed report on Cyber Excepted Service positions 
during the most recent one-year period, including— 
(1) the metrics described in paragraph (6) of 
such subsection; 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01289
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1290 
(2) an updated assessment under paragraph (8) 
of such subsection from the current reporting period; 
(3) an updated assessment on the effect of section 
1599f of title 10, United States Code, on the ability 
of the Department to recruit, retain, and develop 
cyber professionals in the Department over the cur-
rent reporting period; 
(4) an updated assessment on the barriers to 
participation described in paragraph (1) of subsection 
(b) from the current reporting period; 
(5) proposed modifications to the Cyber Excepted 
Service; and 
(6) such other matters as the Secretary considers 
appropriate. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Cyber Excepted Service’’ consists 
of 
those 
positions 
established 
under 
section 
1599f(a)(1)(A) of title 10, United States Code. 
(2) The term ‘‘Cyber Excepted Service position’’ 
means a position in the Cyber Excepted Service. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01290
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1291 
Subtitle D—Reports and Other 
Matters 
SEC. 1551. PILOT PROGRAM FOR SHARING CYBER CAPABILI-
TIES AND RELATED INFORMATION WITH FOR-
EIGN OPERATIONAL PARTNERS. 
(a) AUTHORIZATION.—Chapter 19 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 398. Pilot program for sharing cyber capabilities 
and related information with foreign 
operational partners 
‘‘(a) AUTHORITY TO ESTABLISH PILOT PROGRAM TO 
SHARE CYBER CAPABILITIES.—The Secretary of Defense 
may, with the concurrence of the Secretary of State, provide 
cyber capabilities and related information developed or pro-
cured by the Department of Defense to foreign countries or 
organizations described in subsection (b) without compensa-
tion, to meet operational imperatives if the Secretary of De-
fense determines that the provision of such cyber capabili-
ties is in the national security interests of the United 
States. 
‘‘(b) LIST OF FOREIGN COUNTRIES.—The Secretary of 
Defense, with the concurrence of the Secretary of State, 
shall— 
‘‘(1) establish— 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01291
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1292 
‘‘(A) a list of foreign countries that the Sec-
retary of Defense considers suitable for sharing of 
cyber capabilities and related information under 
the authority established under paragraph (a); 
and 
‘‘(B) criteria for establishing the list under 
subparagraph (A); 
‘‘(2) not later than 14 days after establishing the 
list required by paragraph (a), submit to the appro-
priate committees of Congress such list; and 
‘‘(3) notify the appropriate committees of Con-
gress in writing of any changes to the list established 
under clause (1) at least 14 days prior to the adop-
tion of any such changes. 
‘‘(c) PROCEDURES.—Prior to the first use of the au-
thority provided by subsection (a), the Secretaries of De-
fense and State shall— 
‘‘(1) establish and submit to the appropriate 
committees of Congress procedures for a coordination 
process for subsection (a) that is consistent with the 
operational timelines required to support the national 
security of the United States; and 
‘‘(2) notify the appropriate committees of Con-
gress in writing of any changes to the procedures es-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01292
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1293 
tablished under paragraph (1) at least 14 days prior 
to the adoption of any such changes. 
‘‘(d) NOTIFICATION REQUIRED.—(1) The Secretary of 
Defense and Secretary of State jointly shall promptly sub-
mit to the appropriate committees of Congress notice in 
writing of any use of the authority provided by subsection 
(a) no later than 48 hours following the use of the authority. 
‘‘(2) Notification under paragraph (1) shall include a 
certification that the provision of the cyber capabilities was 
in the national security interests of the United States. 
‘‘(3) The notification under paragraph (1) shall in-
clude an analysis of whether the transfer and the under-
lying operational imperative could have been met using an-
other authority. 
‘‘(e) TERMINATION.—The authority established under 
paragraph (a) shall terminate on the date that is 3 years 
after the date on which this authority becomes law. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘appropriate committees of Con-
gress’ means— 
‘‘(A) the congressional defense committees; 
‘‘(B) the Committee on Foreign Relations of 
the Senate; and 
‘‘(C) Committee on Foreign Affairs of the 
House of Representatives. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01293
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1294 
‘‘(2) The term ‘cyber capability’ means a device 
or computer program, including any combination of 
software, firmware, or hardware, designed to create 
an effect in or through cyberspace. 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as amending, diminishing, or other-
wise impacting reporting or other obligations under the 
War Powers Resolution.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘398. Pilot program for sharing cyber capabilities and related information with 
foreign operational partners.’’. 
SEC. 1552. DEMONSTRATION PROGRAM FOR CYBER AND IN-
FORMATION 
TECHNOLOGY 
BUDGET 
DATA 
ANALYTICS. 
(a) DEMONSTRATION PROGRAM.— 
(1) REQUIREMENT.—Not later than February 1, 
2024, the Chief Information Officer of the Department 
of Defense shall, in coordination with the Chief Dig-
ital and Artificial Intelligence Officer, complete a 
pilot program to demonstrate the application of ad-
vanced data analytics to the fiscal year 2024 budget 
data of a military department for the purpose of 
identifying total cyber and information technology 
spending and the distribution of such resources across 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01294
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1295 
budget line items that are and are not identified, la-
beled, or categorized in a manner that would indicate 
that funds included in such line items will be ex-
pended on cyber and information technology activi-
ties. 
(2) COORDINATION
WITH
MILITARY
DEPART-
MENTS.—In carrying out the demonstration program 
under subsection (a), the Chief Information Officer 
shall, in coordination with the Secretary of the Air 
Force, the Secretary of the Army, and the Secretary 
of the Navy, select a military department for partici-
pation in the demonstration program. 
(b) ELEMENTS.—The demonstration program under 
subsection (a) shall include— 
(1) efforts to identify planned expenditures for 
cyber and information technology that are not cap-
tured in the total figures for cyber and information 
technology reported annually to Congress in support 
of the President’s budget submission and in budget 
documents and briefings to Congress on the cyber and 
information technology programs and activities; 
(2) efforts to improve transparency in cyber and 
information technology budget information to identify 
cyber and information technology activities funded 
out of noncyber and noninformation technology budg-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01295
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1296 
et lines, including by the use of qualitative techniques 
such as semantic analysis or natural language proc-
essing technologies; 
(3) metrics developed to assess the effectiveness of 
the demonstration program; 
(4) a cost tradeoff analysis of implementing these 
cyber and information technology data analytics 
across the entire budget of the Department of Defense; 
(5) existing or planned efforts to use these data 
analytics to make budget decisions; and 
(6) existing or planned efforts to incorporate 
these data analytics into materials presented to Con-
gress through the budget submission process. 
(c) BRIEFING.— 
(1) INITIAL BRIEFING.—Not later than 120 days 
after the date of the enactment of this Act, the Chief 
Information Officer shall provide the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives a briefing on the plans and status of the 
Chief Information Officer with respect to the dem-
onstration program under subsection (a). 
(2) FINAL BRIEFING.—Not later than March 1, 
2024, the Chief Information Officer shall provide the 
Committees on Armed Services of the Senate and the 
House of Representatives a briefing on the results and 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01296
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1297 
findings of the Chief Information Officer with respect 
to the demonstration program under subsection (a), 
including the following: 
(A) Recommendations for expansion of the 
demonstration program to the entire cyber and 
information technology budget of the Depart-
ment. 
(B) Plans for incorporating data analytics 
into the congressional budget submission process 
for the cyber and information technology budget 
of the Department. 
SEC. 1553. PLAN FOR COMMERCIAL CLOUD TEST AND EVAL-
UATION. 
(a) POLICY AND PLAN.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Defense, 
in consultation with commercial industry, shall implement 
a policy and plan for test and evaluation of the cybersecu-
rity of the clouds of commercial cloud service providers that 
provide, or are intended to provide, storage or computing 
of classified data of the Department of Defense. 
(b) CONTENTS.—The policy and plan under subsection 
(a) shall include the following: 
(1) A requirement that, beginning on the date of 
the enactment of this Act, future contracts with cloud 
service providers for storage or computing of classified 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01297
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1298 
data of the Department include provisions that per-
mit the Secretary to conduct independent, threat-real-
istic assessments of the commercial cloud infrastruc-
ture, including with respect to— 
(A) the storage, compute, and enabling ele-
ments, 
including 
the 
control 
plane 
and 
virtualization hypervisor for mission elements of 
the Department supported by the cloud provider; 
and 
(B) the supporting systems used in the ful-
fillment, facilitation, or operations relating to 
the mission of the Department under the con-
tract, including the interfaces with these systems. 
(2) An explanation as to how the Secretary in-
tends to proceed on amending existing contracts with 
cloud service providers to permit the same level of as-
sessments required for future contracts under para-
graph (1). 
(3) Identification and description of any pro-
posed tiered test and evaluation requirements aligned 
with different impact and classification levels. 
(c) WAIVER AUTHORITY.—The Secretary may include 
in the policy and plan under subsection (a) an authority 
to waive any requirement under subsection (b) if the waiver 
is jointly approved by the Chief Information Officer of the 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01298
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1299 
Department of Defense and the Director of Operational Test 
and Evaluation. 
(d) SUBMISSION.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall submit 
to the Committees on Armed Services of the Senate and the 
House of Representatives the policy and plan under sub-
section (a). 
(e) THREAT-REALISTIC ASSESSMENT DEFINED.—In 
this section, the term ‘‘threat-realistic assessments’’ means, 
with respect to commercial cloud infrastructure, activities 
that— 
(1) are designed to accurately emulate cyber 
threats from advanced nation state adversaries, such 
as Russia and China; and 
(2) include cooperative penetration testing and 
no-notice threat-emulation activities where personnel 
of the Department of Defense attempt to penetrate 
and gain control of the cloud-provider facilities, net-
works, systems, and defenses associated with, or which 
enable, the supported missions of the Department. 
SEC. 1554. ROADMAP AND IMPLEMENTATION PLAN FOR 
CYBER 
ADOPTION 
OF 
ARTIFICIAL 
INTEL-
LIGENCE. 
(a) ROADMAP
AND
IMPLEMENTATION
PLAN
RE-
QUIRED.—Not later than 270 days after the date of the en-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01299
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1300 
actment of this Act, the Commander of the United States 
Cyber Command and the Chief Information Officer of the 
Department of Defense, in coordination with the Chief Dig-
ital and Artificial Intelligence Officer of the Department, 
the Director of the Defense Advanced Research Projects 
Agency, the Director of the National Security Agency, and 
the Under Secretary of Defense for Research and Engineer-
ing, shall jointly develop a five-year roadmap and imple-
mentation plan for rapidly adopting and acquiring artifi-
cial intelligence systems, applications, and supporting data 
and data management processes for the Cyberspace Oper-
ations Forces of the Department of Defense. 
(b) ELEMENTS.—The roadmap and implementation 
plan required by subsection (a) shall include the following: 
(1) Identification and prioritization of artificial 
intelligence systems, applications, data identification, 
and processing to cyber missions within the Depart-
ment, and ameliorating threats to, and from, artifi-
cial intelligence systems, including— 
(A) advancing the cybersecurity of Depart-
ment systems with artificial intelligence; 
(B) uses of artificial intelligence for cyber 
effects operations; 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01300
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1301 
(C) assessing and mitigating vulnerabilities 
of artificial intelligence systems supporting cy-
bersecurity and cyber operations to attacks; and 
(D) defending against adversary artificial 
intelligence-based cyber attacks. 
(2) A plan to develop, acquire, adopt, and sus-
tain the artificial intelligence systems, applications, 
data, and processing identified in paragraph (1). 
(3) Roles and responsibilities for the following 
for adopting and acquiring artificial intelligence sys-
tems, applications, and data to cyber missions within 
the Department: 
(A) The Commander of the United States 
Cyber Command. 
(B) The Commander of Joint-Force Head-
quarters Department of Defense Information Net-
works. 
(C) The Chief Information Officer of the De-
partment. 
(D) The Chief Digital and Artificial Intel-
ligence Officer of the Department. 
(E) The Under Secretary of Defense for Re-
search and Engineering. 
(F) The Secretaries of the military depart-
ments. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01301
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1302 
(G) The Director of the National Security 
Agency. 
(4) Identification of currently deployed, adopted, 
and acquired artificial intelligence systems, applica-
tions, ongoing prototypes, and data. 
(5) Identification of current capability and skill 
gaps that must be addressed prior to the development 
and adoption of artificial intelligence applications 
identified in paragraph (1). 
(6) Identification of opportunities to solicit oper-
ator utility feedback through inclusion into research 
and development processes and wargaming or experi-
mentation events by developing a roadmap for such 
processes and events, as well as a formalized process 
for capturing and tracking lessons learned from such 
events to inform the development community. 
(7) Identification of long-term technology gaps 
for fulfilling the Department’s cyber warfighter mis-
sion to be addressed by research relating to artificial 
intelligence by the science and technology enterprise 
within the Department. 
(8) Definition of a maturity model describing 
desired cyber capabilities, agnostic of the enabling 
technology solutions, including phases in the maturity 
model or identified milestones and clearly identified 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01302
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1303 
areas for collaboration with relevant commercial off 
the shelf and government off the shelf developers to ad-
dress requirements supporting capability gaps. 
(9) Assessment, in partnership with the Director 
of the Defense Intelligence Agency, of the threat posed 
by adversaries’ use of artificial intelligence to the 
cyberspace operations and the security of the networks 
and artificial intelligence systems of the Department 
in the next five years, including a net technical as-
sessment of United States and adversary activities to 
apply artificial intelligence to cyberspace operations, 
and actions planned to address that threat. 
(10) A detailed schedule with target milestones, 
investments, and required expenditures. 
(11) Interim and final metrics of adoption of ar-
tificial intelligence for each activity identified in the 
roadmap. 
(12) Identification of such additional funding, 
authorities, and policies as the Commander and the 
Chief Information Officer jointly determine may be 
required. 
(13) Such other topics as the Commander and 
the Chief Information Officer jointly consider appro-
priate. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01303
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1304 
(c) SYNCHRONIZATION.—The Commander and the 
Chief Information Officer shall ensure that the roadmap 
and implementation plan under subsection (a) are syn-
chronized and coordinated to be consistent with section 
1509. 
(d) BRIEFING.—Not later than 30 days after the date 
on which the Commander and the Chief Information Officer 
complete development of the roadmap and implementation 
plan under subsection (a), the Commander and the Chief 
Information Officer shall provide to the congressional de-
fense committees a classified briefing on the roadmap and 
implementation plan. 
SEC. 1555. REVIEW OF DEPARTMENT OF DEFENSE IMPLE-
MENTATION OF RECOMMENDATIONS FROM 
DEFENSE SCIENCE BOARD CYBER REPORT. 
(a) REVIEW.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall complete a review of the find-
ings and recommendations presented in the June 
2018 Defense Science Board report titled ‘‘Cyber as a 
Strategic Capability’’. 
(2) ELEMENTS.—The review under paragraph 
(1) shall include the following: 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01304
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1305 
(A) Identification of, and description of im-
plementation for, recommendations that have 
been implemented by the Secretary. 
(B) Identification of recommendations that 
have not yet been fully implemented by the Sec-
retary. 
(C) Identification of the reasons why the 
recommendations identified under subparagraph 
(B) were not implemented. 
(D) Identification of such legislative or ad-
ministrative action as the Secretary determines 
necessary to implement the recommendations 
identified under subparagraph (B). 
(b) REPORT.— 
(1) REQUIREMENT.—Not later than 30 days 
after the date on which the review is completed under 
paragraph (1) of subsection (a), the Secretary shall 
submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on 
the review, including a disclosure of the matters iden-
tified and developed under paragraph (2) of such sub-
section. 
(2) FORM.—The report submitted under para-
graph (1) shall be submitted in unclassified form, but 
may include a classified annex. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01305
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1306 
SEC. 1556. ANNUAL BRIEFING ON RELATIONSHIP BETWEEN 
NATIONAL SECURITY AGENCY AND UNITED 
STATES CYBER COMMAND. 
(a) ANNUAL BRIEFINGS REQUIRED.—Not later than 
March 1, 2023, and not less frequently than once each year 
thereafter until March 1, 2028, the Secretary of Defense 
shall provide the congressional defense committees a briefing 
on the relationship between the National Security Agency 
and United States Cyber Command. 
(b) ELEMENTS.—Each briefing provided under sub-
section (a) shall include an annual assessment of the fol-
lowing: 
(1) The resources, authorities, activities, mis-
sions, facilities, and personnel used to conduct the rel-
evant missions at the National Security Agency as 
well as the cyber offense and defense missions of 
United States Cyber Command. 
(2) The processes used to manage risk, balance 
tradeoffs, and work with partners to execute oper-
ations. 
(3) An assessment of the operating environment 
and the continuous need to balance tradeoffs to meet 
mission necessity and effectiveness. 
(4) An assessment of the operational effects re-
sulting from the relationship between the National Se-
curity Agency and United States Cyber Command, 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01306
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1307 
including a list of specific operations conducted over 
the previous year that were enabled by or benefitted 
from the relationship. 
(5) Such other topics as the Director of the Na-
tional Security Agency and the Commander of United 
States Cyber Command may consider appropriate. 
SEC. 1557. REVIEW OF DEFINITIONS ASSOCIATED WITH 
CYBERSPACE OPERATIONS FORCES. 
(a) REVIEW.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, acting 
through the Principal Cyber Advisor of the Department of 
Defense and the Principal Cyber Advisors of the military 
departments, shall— 
(1) review— 
(A) the memorandum of the Secretary of 
Defense dated December 12, 2019, concerning the 
definition of the term ‘‘Department of Defense 
Cyberspace Operations Forces (DoD COF)’’; and 
(B) the responsibilities of the Commander of 
the United States Cyber Command as the Cyber-
space Joint Force Provider and Cyberspace Joint 
Force Trainer, with respect to forces included 
and excluded from the Cyberspace Operations 
Forces; and 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01307
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1308 
(2) update such memorandum and, as appro-
priate, update such responsibilities. 
(b) ELEMENTS.—The review under subsection (a) shall 
include the following: 
(1) A comprehensive assessment of units and 
components of the Department of Defense conducting 
defensive cyberspace operations which are not cur-
rently included in the definition specified in para-
graph (1)(A) of such subsection. 
(2) Consideration of options for participation in 
the Cyberspace Operations Forces by forces without 
regard to whether the forces are included in such defi-
nition, including options under which— 
(A) forces currently excluded from the 
Cyberspace Operations Forces because of such 
definition may access training, resources, and 
expertise of the Cyberspace Operations Forces; 
(B) the Commander of the United States 
Cyber Command may issue advisory tasking to 
forces that are not Cyberspace Operations Forces 
pursuant to such definition; and 
(C) forces that are not Cyberspace Oper-
ations Forces pursuant to such definition are 
subject to training standards established by the 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01308
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1309 
Commander as the Cyberspace Joint Force 
Trainer. 
SEC. 1558. ANNUAL ASSESSMENTS AND REPORTS ON AS-
SIGNMENT OF CERTAIN BUDGET CONTROL 
RESPONSIBILITY TO COMMANDER OF UNITED 
STATES CYBER COMMAND. 
(a) ANNUAL ASSESSMENTS.— 
(1) REQUIREMENT.—During fiscal year 2023, 
and not less frequently than once each fiscal year 
thereafter through fiscal year 2028, the Commander of 
the United States Cyber Command, in coordination 
with the Principal Cyber Advisor of the Department 
of Defense, shall assess the implementation of the 
transition of responsibilities assigned to the Com-
mander by section 1507(a)(1) of the National Defense 
Authorization Act for Fiscal Year 2022 (Public Law 
117–81). 
(2) ELEMENTS.—Each assessment carried out 
under paragraph (1) shall include the following: 
(A) An assessment of the operational and 
organizational effect of section 1507(a)(1) of the 
National Defense Authorization Act for Fiscal 
Year 2022 (Public Law 117–81) on the training, 
equipping, operation, sustainment, and readiness 
of the Cyber Mission Forces. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01309
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1310 
(B) An inventory description of the cyber 
systems, activities, capabilities, resources, and 
functions that have been transferred from the 
military departments to control of the Com-
mander 
and 
those 
that 
have 
not 
been 
transitioned pursuant to such section 1507(a)(1). 
(C) An opinion by the Commander as to 
whether the cyber systems, activities, capabilities, 
resources, and functions that have not been so 
transitioned should be transitioned pursuant to 
such section 1507(a)(1). 
(D) An assessment of the adequacy of re-
sources, authorities, and policies required to im-
plement such section 1507(a)(1), including orga-
nizational, functional, and personnel matters. 
(E) An assessment of the reliance on re-
sources, authorities, policies, or personnel exter-
nal to United States Cyber Command in support 
of the budget control of the Commander. 
(F) Identification of any outstanding areas 
for 
transition 
pursuant 
to 
such 
section 
1507(a)(1). 
(G) An assessment of the organization es-
tablished under section 1509 and its performance 
relative to the requirements of the Command. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01310
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1311 
(H) Such other matters as the Commander 
considers appropriate. 
(b) ANNUAL REPORTS.—Not later than March 1, 2023, 
and annually thereafter through 2028, the Commander shall 
submit to the congressional defense committees a report on 
the findings of the Commander with respect to the assess-
ments under subsection (a). 
SEC. 
1559. 
ASSESSMENTS 
OF 
WEAPONS 
SYSTEMS 
VULNERABILITIES TO RADIO-FREQUENCY EN-
ABLED CYBER ATTACKS. 
(a) ASSESSMENTS.—The Secretary of Defense shall en-
sure that the activities required by and conducted pursuant 
to section 1647 of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118), 
section 1637 of the John S. McCain National Defense Au-
thorization Act for Fiscal Year 2019 (Public Law 115–232; 
10 U.S.C. 221 note), and the amendments made by section 
1712 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116– 
283; 134 Stat. 4087) include regular assessments of the 
vulnerabilities to and mission risks presented by radio-fre-
quency enabled cyber attacks with respect to the operational 
technology embedded in weapons systems, aircraft, ships, 
ground vehicles, space systems, sensors, and datalink net-
works of the Department of Defense. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01311
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1312 
(b) ELEMENTS.—The assessments under subsection (a) 
with respect to vulnerabilities and risks described in such 
subsection shall include— 
(1) identification of such vulnerabilities and 
risks; 
(2) ranking of vulnerability, severity, and pri-
ority; 
(3) development and selection of options, with 
associated costs and schedule, to correct such 
vulnerabilities, including installation of intrusion de-
tection capabilities; 
(4) an evaluation of the cybersecurity sufficiency 
for Military Standard 1553; and 
(5) development of integrated risk-based plans to 
implement the corrective actions selected. 
(c) DEVELOPMENT OF CORRECTIVE ACTIONS.—In de-
veloping corrective actions under subsection (b)(3), the as-
sessments under subsection (a) shall— 
(1) consider the missions supported by the as-
sessed weapons systems, aircraft, ships, ground vehi-
cles, space systems, sensors, or datalink networks, as 
the case may be, to ensure that the corrective actions 
focus on the vulnerabilities that create the greatest 
risks to the missions; 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01312
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1313 
(2) be shared and coordinated with the principal 
staff assistant with primary responsibility for the 
strategic cybersecurity program; and 
(3) address requirements for deployed and non-
deployed members of the Armed Forces to analyze 
data collected on the weapons systems and respond to 
attacks. 
(d) INTELLIGENCE INFORMED ASSESSMENTS.—The 
assessments under subsection (a) shall be informed by intel-
ligence, if available, and technical judgment regarding po-
tential threats to embedded operational technology during 
operations of the Armed Forces. 
(e) COORDINATION.— 
(1) COORDINATION AND INTEGRATION OF ACTIVI-
TIES.—The assessments under subsection (a) shall be 
fully coordinated and integrated with activities de-
scribed in such subsection. 
(2) COORDINATION
OF
ORGANIZATIONS.—The 
Secretary shall ensure that the organizations con-
ducting the assessments under subsection (a) in the 
military departments, the United States Special Op-
erations Command, and the Defense Agencies coordi-
nate with each other and share best practices, vulner-
ability analyses, and technical solutions with the 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01313
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1314 
principal staff assistant with primary responsibility 
for the Strategic Cybersecurity Program. 
(f) BRIEFINGS.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall provide to 
the congressional defense committees briefings from the or-
ganizations specified under subsection (e)(2), as appro-
priate, on the activities and plans required under this sec-
tion. 
SEC. 1560. BRIEFING ON DEPARTMENT OF DEFENSE PLAN 
TO DETER AND COUNTER ADVERSARIES IN 
THE INFORMATION ENVIRONMENT. 
(a) BRIEFING.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
provide to the congressional defense committees a briefing 
on the following: 
(1) The status of the strategy and posture review 
required by section 1631(g) of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 
116–92; 10 U.S.C. 397 note). 
(2) A description of efforts of the Department of 
Defense, including such efforts conducted in consulta-
tion with relevant departments and agencies of the 
Federal Government, to effectively deter and counter 
foreign adversaries in the information environment, 
including— 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01314
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1315 
(A) recent updates or modifications to exist-
ing policies to more effectively deter and counter 
adversaries; 
(B) a description of funding priorities and 
impacts to future budget requests; 
(C) recent updates to personnel policies to 
ensure the recruitment, promotion, retention, 
and compensation for individuals with the nec-
essary skills in the information environment; 
and 
(D) a description of improvements required 
to the collection, prioritization, and analysis of 
intelligence, in particular open-source intel-
ligence, to better inform the understanding of 
foreign adversaries in the information environ-
ment. 
(3) A description of any initiatives that are 
being taken, in cooperation with relevant departments 
and agencies of the Federal Government, to assist and 
incorporate allies and partner countries of the United 
States into efforts to effectively deter and counter for-
eign adversaries in the information environment. 
(4) A description of any additional actions the 
Secretary determines necessary to further ensure that 
the Department of Defense is appropriately postured 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01315
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1316 
to effectively deter and counter foreign adversaries in 
the information environment. 
(5) Any other matters the Secretary of Defense 
determines appropriate. 
(b) INFORMATION ENVIRONMENT DEFINED.—In this 
section, the term ‘‘information environment’’ has the mean-
ing given in the publication of the Department of Defense 
titled ‘‘Joint Concept for Operating in the Information En-
vironment (JCOIE)’’ dated July 25, 2018. 
TITLE XVI—SPACE ACTIVITIES, 
STRATEGIC PROGRAMS, AND 
INTELLIGENCE MATTERS 
Subtitle A—Space Activities 
Sec. 1601. Requirements for protection of satellites. 
Sec. 1602. Strategy on protection of satellites. 
Sec. 1603. Modification of reports on integration of acquisition and capability 
delivery schedules for segments of major satellite acquisitions 
programs and funding for such programs. 
Sec. 1604. Tactically responsive space capability. 
Sec. 1605. Extension of annual report on Space Command and Control. 
Sec. 1606. Allied responsive space capabilities. 
Sec. 1607. Applied research and educational activities to support space tech-
nology development. 
Sec. 1608. Review of Space Development Agency exemption from Joint Capabili-
ties Integration and Development System. 
Sec. 1609. Update to plan to manage Integrated Tactical Warning and Attack 
Assessment System and multi-domain sensors. 
Sec. 1610. Report on space debris. 
Subtitle B—Defense Intelligence and Intelligence-Related Activities 
Sec. 1621. Congressional oversight of clandestine activities that support oper-
ational preparation of the environment. 
Subtitle C—Nuclear Forces 
Sec. 1631. Biannual briefing on nuclear weapons and related activities. 
Sec. 1632. Industrial base monitoring for B–21 and Sentinel programs. 
Sec. 1633. Improvements to Nuclear Weapons Council. 
Sec. 1634. Portfolio management framework for nuclear forces. 
Sec. 1635. Extension of requirement to report on nuclear weapons stockpile. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01316
Fmt 6652
Sfmt 6213
Z:\XMLBILLS\H7776.EAH
NODE
1317 
Sec. 1636. Modification and extension of annual assessment of cyber resilience of 
nuclear command and control system. 
Sec. 1637. Modification of reports on Nuclear Posture Review implementation. 
Sec. 1638. Establishment of intercontinental ballistic missile site activation task 
force for Sentinel program. 
Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the 
United States. 
Sec. 1640. Plan for development of reentry vehicles. 
Sec. 1641. Treatment of nuclear modernization and hypersonic missile programs 
within Defense Priorities and Allocations System. 
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise missile. 
Subtitle D—Missile Defense Programs 
Sec. 1651. Biannual briefing on missile defense and related activities. 
Sec. 1652. Improvements to acquisition accountability reports on the ballistic 
missile defense system. 
Sec. 1653. Making permanent prohibitions relating to missile defense information 
and systems. 
Sec. 1654. Next generation interceptors for missile defense of United States home-
land. 
Sec. 1655. Termination of requirement to transition ballistic missile defense pro-
grams to the military departments. 
Sec. 1656. Persistent cybersecurity operations for ballistic missile defense systems 
and networks. 
Sec. 1657. Fire control architectures. 
Sec. 1658. Middle East integrated air and missile defense. 
Sec. 1659. Iron Dome short-range rocket defense system and Israeli cooperative 
missile defense program co-development and co-production. 
Sec. 1660. Integrated air and missile defense architecture for defense of Guam. 
Sec. 1661. Limitation on availability of certain funds until submission of report 
on implementation of the cruise missile defense architecture for 
the homeland. 
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile 
threats. 
Sec. 1663. Plan on delivering Shared Early Warning System data to certain al-
lies and partners of the United States. 
Sec. 1664. Reports on ground-based interceptors. 
Sec. 1665. Report on missile defense interceptor site in contiguous United States. 
Subtitle E—Other Matters 
Sec. 1671. Cooperative threat reduction funds. 
Sec. 1672. Department of Defense support for requirements of the White House 
Military Office. 
Sec. 1673. Unidentified anomalous phenomena reporting procedures. 
Sec. 1674. Study of weapons programs that allow Armed Forces to address hard 
and deeply buried targets. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01317
Fmt 6652
Sfmt 6213
Z:\XMLBILLS\H7776.EAH
NODE
1318 
Subtitle A—Space Activities 
SEC. 1601. REQUIREMENTS FOR PROTECTION OF SAT-
ELLITES. 
Chapter 135 of title 10, United States Code, is amend-
ed by inserting after section 2275 the following new section 
(and conforming the table of sections at the beginning of 
such chapter accordingly): 
‘‘§ 2275a. Requirements for protection of satellites 
‘‘(a) ESTABLISHMENT OF REQUIREMENTS.—Before a 
major satellite acquisition program achieves Milestone A 
approval, or equivalent, the Chief of Staff of the Space 
Force, in consultation with the Commander of the United 
States Space Command, shall establish requirements for the 
defense and resilience of the satellites under that program 
against the capabilities of adversaries to target, degrade, 
or destroy the satellites. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major satellite acquisition pro-
gram’ has the meaning given that term in section 
2275 of this title. 
‘‘(2) The term ‘Milestone A approval’ has the 
meaning given that term in section 4251 of this title 
10.’’. 
SEC. 1602. STRATEGY ON PROTECTION OF SATELLITES. 
(a) STRATEGY.— 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01318
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1319 
(1) REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in coordination with the Director 
of National Intelligence, shall make publicly available 
a strategy containing the actions that will be taken 
to defend and protect on-orbit satellites of the Depart-
ment of Defense and the intelligence community from 
the capabilities of adversaries to target, degrade, or 
destroy satellites. 
(2) FORMS.—The Secretary shall— 
(A) make the strategy under paragraph (1) 
publicly available in unclassified form; and 
(B) submit to the appropriate congressional 
committees an annex, which may be submitted 
in classified form, containing supporting docu-
ments to the strategy. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Permanent Select Committee on In-
telligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01319
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1320 
(2) The term ‘‘intelligence community’’ has the 
meaning given that term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 3003(4)). 
SEC. 1603. MODIFICATION OF REPORTS ON INTEGRATION 
OF ACQUISITION AND CAPABILITY DELIVERY 
SCHEDULES FOR SEGMENTS OF MAJOR SAT-
ELLITE ACQUISITIONS PROGRAMS AND FUND-
ING FOR SUCH PROGRAMS. 
Section 2275(f) of title 10, United States Code, is 
amended by striking paragraph (3). 
SEC. 1604. TACTICALLY RESPONSIVE SPACE CAPABILITY. 
(a) PROGRAM.—Subsection (a) of section 1609 of the 
William M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116–283; 10 
U.S.C. 2271 note) is amended to read as follows: 
‘‘(a) PROGRAM.—The Secretary of the Air Force shall 
ensure that the Space Force has a tactically responsive 
space capability that— 
‘‘(1) addresses all lifecycle elements; and 
‘‘(2) addresses rapid deployment and reconstitu-
tion requirements— 
‘‘(A) to provide long-term continuity for 
tactically responsive space capabilities across the 
future-years defense program submitted to Con-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01320
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1321 
gress under section 221 of title 10, United States 
Code; 
‘‘(B) to continue the development of con-
cepts of operations, including with respect to tac-
tics, training, and procedures; 
‘‘(C) to develop appropriate processes for 
tactically responsive space launch, including— 
‘‘(i) mission assurance processes; and 
‘‘(ii) command and control, tracking, 
telemetry, and communications; and 
‘‘(D) to identify basing requirements nec-
essary to enable tactically responsive space capa-
bilities.’’. 
(b) REQUIREMENTS.—Such section is further amend-
ed— 
(1) by redesignating subsection (b) as subsection 
(c); and 
(2) by inserting after subsection (a) the following 
new subsection: 
‘‘(b) REQUIREMENTS.—The Chief of Space Operations 
shall establish tactically responsive requirements for all na-
tional security space capabilities, if applicable, carried out 
under title 10, United States Code.’’. 
(c) SUPPORT.—Subsection (c) of such section, as redes-
ignated by subsection (b), is amended— 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01321
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1322 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘launch program’’ and inserting 
‘‘space program’’; and 
(B) by striking subparagraph (B) and in-
serting the following new subparagraph: 
‘‘(B) The entire end-to-end tactically re-
sponsive space capability, including with respect 
to the launch vehicle, ground infrastructure, bus, 
payload, operations and on-orbit sustainment.’’; 
and 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘for fiscal year 2023’’ 
and inserting ‘‘for each of fiscal years 2023 
through 2026’’; and 
(ii) by striking ‘‘tactically responsive 
launch program’’ and inserting ‘‘tactically 
responsive space program’’; 
(B) in subparagraph (A), by striking 
‘‘launches’’ and inserting ‘‘capabilities’’; and 
(C) in subparagraph (C), by striking 
‘‘tactically responsive launch program’’ and in-
serting ‘‘tactically responsive space program’’. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01322
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1323 
(d) CONFORMING AMENDMENT.—The heading of such 
section is amended in the heading by striking ‘‘LAUNCH 
OPERATIONS’’ and inserting ‘‘SPACE CAPABILITY’’. 
SEC. 1605. EXTENSION OF ANNUAL REPORT ON SPACE COM-
MAND AND CONTROL. 
Section 1613(a)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 133 
Stat. 1731) is amended by striking ‘‘2025’’ and inserting 
‘‘2030’’. 
SEC. 1606. ALLIED RESPONSIVE SPACE CAPABILITIES. 
(a) INITIATIVES.—The Secretary of the Defense and 
the Secretary of State shall jointly ensure that responsive 
space capabilities of the Department of Defense align with 
initiatives by Five Eyes countries, member states of the 
North Atlantic Treaty Organization, and other allies to 
promote a globally responsive space architecture. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense and 
the Secretary of State, in coordination with the Commander 
of the United States European Command, the Commander 
of the United States Indo-Pacific Command, and the Com-
mander of the United States Space Command, shall jointly 
submit to the congressional defense committees, the Com-
mittee on Foreign Affairs of the House of Representatives, 
and the Committee on Foreign Relations of the Senate a 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01323
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1324 
report assessing current investments and partnerships by 
the United States with allies of the United States with re-
spect to responsive space efforts. The report shall include 
the following: 
(1) An assessment of the benefits of leveraging al-
lied and partner spaceports for responsive launch. 
(2) A discussion of current and future plans to 
engage with allies and partners with respect to activi-
ties ensuring rapid reconstitution or augmentation of 
the space capabilities of the United States and allies. 
(3) An assessment of the shared costs and tech-
nology between the United States and allies, includ-
ing if investments from the Pacific Deterrence Initia-
tive and the European Deterrence Initiative could be 
considered for allied spaceports. 
(c) FIVE EYES COUNTRIES DEFINED.—In this section, 
the term ‘‘Five Eyes countries’’ means the following: 
(1) Australia. 
(2) Canada. 
(3) New Zealand. 
(4) The United Kingdom. 
(5) The United States. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01324
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1325 
SEC. 1607. APPLIED RESEARCH AND EDUCATIONAL ACTIVI-
TIES TO SUPPORT SPACE TECHNOLOGY DE-
VELOPMENT. 
(a) IN GENERAL.—The Secretary of the Air Force and 
the Chief of Space Operations, in coordination with the 
Chief Technology and Innovation Office of the Space Force, 
may carry out applied research and educational activities 
to support space technology development. 
(b) ACTIVITIES.—Activities carried out under sub-
section (a) shall support the applied research, development, 
and demonstration needs of the Space Force, including by 
addressing and facilitating the advancement of capabilities 
related to— 
(1) space domain awareness; 
(2) positioning, navigation, and timing; 
(3) communications; 
(4) hypersonics; 
(5) cybersecurity; and 
(6) any other matter the Secretary of the Air 
Force considers relevant. 
(c) EDUCATION AND TRAINING.—Activities carried out 
under subsection (a) shall— 
(1) promote education and training for students 
so as to support the future national security space 
workforce of the United States; and 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01325
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1326 
(2) explore opportunities for international col-
laboration. 
(d) TERMINATION.—The authority provided by this 
section shall expire on December 31, 2027. 
SEC. 1608. REVIEW OF SPACE DEVELOPMENT AGENCY EX-
EMPTION FROM JOINT CAPABILITIES INTE-
GRATION AND DEVELOPMENT SYSTEM. 
(a) REVIEW.—Not later than March 31, 2023, the Sec-
retary of Defense shall complete a review regarding whether 
the Space Development Agency should be exempt from the 
Joint Capabilities Integration and Development System. 
(b) RECOMMENDATION.—Not later than 30 days after 
the date on which the review under subsection (a) is com-
pleted, the Secretary of Defense shall submit to the congres-
sional defense committees a recommendation as to whether 
the exemption described in such subsection should apply to 
the Space Development Agency. 
(c) IMPLEMENTATION.—Not later than 60 days after 
the date on which the recommendation is submitted under 
subsection (b), the Secretary of the Air Force and the Direc-
tor of the Space Development Agency shall implement the 
recommendation. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01326
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1327 
SEC. 1609. UPDATE TO PLAN TO MANAGE INTEGRATED TAC-
TICAL WARNING AND ATTACK ASSESSMENT 
SYSTEM AND MULTI-DOMAIN SENSORS. 
(a) UPDATE REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of the Air Force shall update the plan that was developed 
pursuant to section 1669 of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91). 
(b) COORDINATION WITH OTHER AGENCIES.—In de-
veloping the update required by subsection (a), the Sec-
retary shall— 
(1) coordinate with the Secretary of the Army, 
the Secretary of the Navy, the Director of the Missile 
Defense Agency, the Director of the National Recon-
naissance Office, and the Director of the Space Devel-
opment Agency; and 
(2) solicit comments on the plan, if any, from 
the Commander of United States Strategic Command, 
the Commander of United States Northern Command, 
and the Commander of United States Space Com-
mand. 
(c) SUBMITTAL TO CONGRESS.—Not later than 90 
days after the update required by subsection (a) is complete, 
the Secretary of the Air Force shall submit to the congres-
sional defense committees— 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01327
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1328 
(1) the plan updated pursuant to subsection (a); 
and 
(2) the comments from the Commander of United 
States Strategic Command, the Commander of United 
States Northern Command, and the Commander of 
United States Space Command, if any, solicited 
under subsection (b)(2). 
SEC. 1610. REPORT ON SPACE DEBRIS. 
(a) REQUIREMENT.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees 
the portion of the report on the risks posed by man-made 
space debris in low-Earth orbit described in the explanatory 
statement accompanying the National Defense Authoriza-
tion Act for Fiscal Year 2022 (Public Law 117–81) that 
pertains to the Department of Defense. The portion of the 
report shall include— 
(1) an explanation of such risks to defense and 
national security space assets; 
(2) recommendations with respect to the remedi-
ation of such risks to defense and national security 
assets; and 
(3) outlines of plans to reduce the incident of 
such space debris to defense and national security as-
sets. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01328
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1329 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Science, Space, and Technology of the 
House of Representatives; and 
(2) the Committee on Armed Services and Com-
mittee on Commerce, Science, and Transportation of 
the Senate. 
Subtitle B—Defense Intelligence 
and Intelligence-Related Activities 
SEC. 1621. CONGRESSIONAL OVERSIGHT OF CLANDESTINE 
ACTIVITIES THAT SUPPORT OPERATIONAL 
PREPARATION OF THE ENVIRONMENT. 
Section 127f of title 10, United States Code, is amend-
ed— 
(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the following 
new subsection: 
‘‘(e) QUARTERLY BRIEFING.—On a quarterly basis, 
the Assistant Secretary of Defense for Special Operations 
and Low Intensity Conflict, in coordination with elements 
of the Department of Defense that the Assistant Secretary 
determines appropriate, shall provide to the congressional 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01329
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1330 
defense committees a briefing outlining the clandestine ac-
tivities carried out pursuant to subsection (a) during the 
period covered by the briefing, including— 
‘‘(1) an update on such activities carried out in 
each geographic combatant command and a descrip-
tion of how such activities support the respective the-
ater campaign plan; 
‘‘(2) an overview of the authorities and legal 
issues, including limitations, relating to such activi-
ties; and 
‘‘(3) any other matters the Assistant Secretary 
considers appropriate.’’. 
Subtitle C—Nuclear Forces 
SEC. 1631. BIANNUAL BRIEFING ON NUCLEAR WEAPONS 
AND RELATED ACTIVITIES. 
Chapter 24 of title 10, United States Code, is amended 
by inserting after section 492a the following new section 
(and conforming the table of sections at the beginning of 
such chapter accordingly): 
‘‘SEC. 492b. BIANNUAL BRIEFING ON NUCLEAR WEAPONS 
AND RELATED ACTIVITIES. 
‘‘(a) IN GENERAL.—On or about May 1 and November 
1 of each year, the officials specified in subsection (b) shall 
provide to the Committees on Armed Services of the Senate 
and the House of Representatives a briefing on matters re-
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01330
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1331 
lating to nuclear weapons policies, operations, technology 
development, and other similar topics as requested by such 
committees. 
‘‘(b) OFFICIALS SPECIFIED.—The officials specified in 
this subsection are the following: 
‘‘(1) The Assistant Secretary of Defense for Ac-
quisition. 
‘‘(2) The Assistant Secretary of Defense for Nu-
clear, Chemical, and Biological Defense Programs. 
‘‘(3) The Assistant Secretary of Defense for 
Space Policy. 
‘‘(4) The Deputy Administrator for Defense Pro-
grams of the National Nuclear Security Administra-
tion. 
‘‘(5) The Director for Strategy, Plans, and Pol-
icy of the Joint Staff. 
‘‘(6) The Director for Capability and Resource 
Integration for the United States Strategic Command. 
‘‘(c) DELEGATION.—An official specified in subsection 
(b) may delegate the authority to provide a briefing under 
subsection (a) to a member of the Senior Executive Service 
who reports to the official. 
‘‘(d) TERMINATION.—The requirement to provide a 
briefing under subsection (a) shall terminate on January 
1, 2028.’’. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01331
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1332 
SEC. 1632. INDUSTRIAL BASE MONITORING FOR B–21 AND 
SENTINEL PROGRAMS. 
Chapter 24 of title 10, United States Code, is amended 
by inserting after section 493 the following new section (and 
conforming the table of sections at the beginning of such 
chapter accordingly): 
‘‘§ 493a. Industrial base monitoring for B–21 and Sen-
tinel programs 
‘‘(a) DESIGNATION.—The Secretary of the Air Force, 
acting through the Assistant Secretary of the Air Force for 
Acquisition, Technology, and Logistics, shall designate a 
senior official, who shall report to the Assistant Secretary, 
to monitor the combined industrial base supporting the ac-
quisition of— 
‘‘(1) B–21 aircraft; and 
‘‘(2) the Sentinel intercontinental ballistic mis-
sile weapon system. 
‘‘(b) REQUIREMENTS
FOR MONITORING.—In moni-
toring the combined industrial base described in subsection 
(a), the senior official designated under such subsection 
shall— 
‘‘(1) have the authority to select staff to assist the 
senior official from among civilian employees of the 
Department and members of the armed forces, who 
may provide such assistance concurrently while serv-
ing in another position; 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01332
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1333 
‘‘(2) monitor the acquisition by the combined in-
dustrial base of— 
‘‘(A) materials, technologies, and compo-
nents associated with nuclear weapons systems; 
and 
‘‘(B) commodities purchased on a large 
scale; 
‘‘(3) monitor the hiring or contracting by the 
combined industrial base of personnel with critical 
skills; and 
‘‘(4) assess whether personnel with critical skills 
and knowledge, intellectual property on manufac-
turing processes, and facilities and equipment nec-
essary to design, develop, manufacture, repair, and 
support a program are available and affordable with-
in the scopes of the B–21 aircraft program and the 
Sentinel intercontinental ballistic missile weapon sys-
tem program. 
‘‘(c) ANNUAL REPORT.—At the same time as the sub-
mission of the budget of the President pursuant to section 
1105(a) of title 31 for a fiscal year, the Secretary shall sub-
mit to the congressional defense committees a report with 
respect to the status of the combined industrial base de-
scribed in subsection (a).’’. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01333
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1334 
SEC. 1633. IMPROVEMENTS TO NUCLEAR WEAPONS COUN-
CIL. 
(a) RESPONSIBILITIES.—Subsection (d) of section 179 
of title 10, United States Code, is amended— 
(1) in paragraph (9), by inserting ‘‘, in coordi-
nation with the Joint Requirements Oversight Coun-
cil,’’ after ‘‘capabilities, and’’; 
(2) by redesignating paragraphs (10), (11), and 
(12) as paragraphs (11), (12), and (13), respectively; 
(3) by inserting after paragraph (9) the fol-
lowing new paragraph (10): 
‘‘(10) With respect to nuclear warheads— 
‘‘(A) reviewing military requirements, per-
formance requirements, and planned delivery 
schedules to evaluate whether such requirements 
and schedules create significant risks to cost, 
schedules, or other matters regarding production, 
surveillance, research, and other programs relat-
ing to nuclear weapons within the National Nu-
clear Security Administration; and 
‘‘(B) if any such risk exists, proposing and 
analyzing adjustments to such requirements and 
schedules.’’; and 
(4) by striking paragraph (13), as so redesig-
nated, and inserting the following new paragraph 
(13): 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01334
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE
1335 
‘‘(13) Coordinating risk management efforts be-
tween the Department of Defense and the National 
Nuclear Security Administration relating to the nu-
clear weapons stockpile, the nuclear security enter-
prise (as defined in section 4002 of the Atomic En-
ergy Defense Act (50 U.S.C. 2501)), and the delivery 
platforms for nuclear weapons, including with respect 
to identifying and analyzing risks and proposing ac-
tions to mitigate risks.’’. 
(b) PLANS AND BUDGET.—Subsection (f) of such sec-
tion is amended to read as follows: 
‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The Coun-
cil shall annually review the plans and budget of the Na-
tional Nuclear Security Administration and assess whether 
such plans and budget meet the current and projected re-
quirements relating to nuclear weapons. 
‘‘(2)(A) The Council shall review each budget request 
transmitted by the Secretary of Energy to the Council 
under section 4717 of the Atomic Energy Defense Act (50 
U.S.C. 2757) and make a determination under subpara-
graph (B) regarding the adequacy of each such request. Not 
later than 30 days after making such a determination, the 
Council shall notify the congressional defense committees 
that such a determination has been made. 
VerDate Sep 11 2014 
00:43 Dec 08, 2022
Jkt 000000
PO 00000
Frm 01335
Fmt 6652
Sfmt 6203
Z:\XMLBILLS\H7776.EAH
NODE