James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

limit production of prototype Extended Range Cannon Artillery howitzers to not more than 18;

compare the cost and value to the United States Government of a Paladin Integrated Management-modification production approach with a new-build production approach;

include in any cost analysis or comparison—

use a full and open competitive approach using best value criteria for post-prototype production source selection; and

base any production strategy and source selection decisions on a full understanding of the cost of production, including—

certify to the congressional defense committees that the acquisition strategy upon which the request for proposal is based complies with the requirements of subsection (a); and

provide a briefing to the congressional defense committees on that acquisition strategy and the relevant cost and value comparison described in subsection (a)(2).

award prime contracts for concept design, preliminary design, and contract design to eligible shipbuilders;

award prime contracts for detailed design and construction only to eligible shipbuilders; and

allocate not less than one vessel and not more than two vessels in the covered program to each eligible shipbuilder before making a competitive contract award for the construction of vessels in the covered program.

Design labor hours, provided neither eligible shipbuilder has fewer than 30 percent of aggregate design labor hours in any phase of vessel design.

Competitive solicitations for vessel procurement following the actions required by subsection (a)(3).

Section 131 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1237).

Section 221 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1599).

Covered program

The term covered program means the DDG(X) destroyer program.

Eligible shipbuilder

The term eligible shipbuilder means any of the following:

Predictable production workload

The term predictable production workload means production workload that is not less than 70 percent of the average production workload of the Arleigh Burke-class destroyer program over the most recent five-fiscal year period throughout the transition from the Arleigh Burke-class destroyer program to the covered program.

In general

The Secretary of the Navy shall ensure that a contract entered into under subsection (a) includes a priced option to procure an additional such destroyer in each of fiscal years 2023 through 2027.

Option defined

In this subsection, the term option has the meaning given that term in section 2.101 of the Federal Acquisition Regulation (or any successor regulation).

any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and

the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination.

The use of such a contract is consistent with the Chief of Naval Operations’ projected force structure requirements for such craft.

The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—

There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.

The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic, including a description of the basis for such estimates.

The use of such a contract will promote the national security of the United States.

Procurement authorized

In fiscal year 2023 or 2024, the Secretary of the Navy may enter into one or more contracts for the procurement of not more than eight John Lewis-class fleet replenishment oiler ships.

Procurement in conjunction with existing contracts

The ships authorized to be procured under paragraph (1) may be procured as additions to existing contracts covering such program.

The use of such a contract is consistent with the Department of the Navy’s projected force structure requirements for such ships.

The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—

There is a reasonable expectation that throughout the contemplated contract period the Secretary of the Navy will request funding for the contract at the level required to avoid contract cancellation.

There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.

The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic.

The use of such a contract will promote the national security of the United States.

During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation.

any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and

the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination.

The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—

There is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation.

There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.

The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic.

The use of such a contract will promote the national security of the United States.

During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for such fiscal year will include the funding required to execute the program without cancellation.

The contract will be a fixed price type contract.

a detailed plan approved by the Secretary to conduct formal training for F–22 aircrews to ensure that the combat capability at operational units would not be degraded if the Air Force were to retire all F–22 Block 20 aircraft; and

a report on how the Secretary intends to avoid—

include covered parts in supply chain solutions to provide for replacement or increased inventories for—

conduct the acquisition of all follow-on covered parts on a competitive basis, based on price and quality; and

procure covered parts only from suppliers that provide covered parts that possess a FAA Authorized Release Certificate, FAA Form 8130–3 Airworthy Approval Tag, from a repair station certified pursuant to part 145 of title 14, Code of Federal Regulations (or successor regulation).

means used, overhauled, reconditioned, or re-manufactured common or dual use parts certified as airworthy by the Federal Aviation Administration; and

does not include life limited parts.

an assessment of the threats posed by unmanned aerial system (UAS) swarms or unmanned aerial systems with indicative swarm capabilities to installations and deployed armed forces;

an analysis of the use or potential use of unmanned aerial system swarms by adversaries, including China, Russia, Iran, North Korea, and non-state actors;

an analysis of the implication of swarming technologies such as autonomous intelligence and machine learning;

a review of current fielded systems and whether they effectively counter a wide range of potential unmanned aerial system swarm threats; and

an overview of development efforts and field tests of technologies that offer scalable, modular, and rapidly deployable systems that could counter unmanned aerial system swarms.

In general

The Secretary shall develop and implement a strategy to field systems to counter threats posed by unmanned aerial system swarms.

Elements

The strategy required by paragraph (1) shall include the following:

Incorporation into existing strategy

The Secretary may incorporate the strategy required by paragraph (1) into a strategy that was in effect on the day before the date of the enactment of this Act.

the findings of the Secretary under subsection (a); and

the strategy developed and implemented by the Secretary under subsection (b).

the United States is entering into an unprecedented period of strategic competition with two potential adversaries, each of which now possesses, or will acquire, nuclear and missile forces equal to or greater than such forces possessed by the United States;

ensuring the continued deterrence of the growing threat of the nuclear capabilities of such adversaries requires—

such forces can only be achieved through the rapid and complete modernization of legacy nuclear capabilities of the United States and the timely development of a range of ballistic, cruise, and hypersonic boost-glide missiles;

ongoing Department of Defense and National Nuclear Security Administration programs and projects to achieve the modernization of United States nuclear forces enjoy virtually no scheduled margin for delivery prior to the expected retirement or decommissioning of legacy systems and facilities, even as the People's Republic of China, the Russian Federation, and North Korea work to rapidly modernize and expand their nuclear arsenals;

the People's Republic of China, the Russian Federation, and North Korea are—

imbalances in such capabilities are inherently destabilizing and represent profound risks to the security of the United States and its allies and to global stability at large;

the Secretary of Defense and the Secretary of Energy should leverage all available tools to reduce the risk of schedule delays in nuclear modernization and hypersonic missile programs and projects, including by—

the assignment of DX priority ratings would help minimize the risk that such programs and projects are unnecessarily delayed due to misallocations of industrial materials, services, or facilities; and

the Secretary of Defense and the Secretary of Energy should promptly inform Congress of any additional opportunities to further reduce risks relating to such programs and projects or the schedules for such programs and projects that could be achieved through the adjustment of existing authorities.

In general

Not later than January 1, 2023, the Secretary of Defense and the Secretary of Energy shall jointly submit to the congressional defense committees a report including—

Annual certification

For any nuclear weapons delivery system, missile warning system, hypersonic boost-glide missile system program, or weapon program or nuclear security enterprise infrastructure project of the National Nuclear Security Administration that the respective Secretary determines under paragraph (1)(A) should not be assigned a DX priority rating , the Secretary shall, until such program reaches full operational capability, annually submit to the congressional defense committees a certification that the lack of assignment of such rating will not negatively affect the delivery of operational capabilities by such program or project.

Nondelegation

The Secretary may not delegate a determination under paragraph (1)(A) to any other official.

The results of a comparative analysis and independent cost assessment, conducted by the Comptroller General, of options to modernize propulsion systems of the F–35 aircraft, including—

The costs of the alternatives associated with development, production, retrofit, integration, and installation, including air vehicle modifications, and sustainment infrastructure requirements of the Adaptive Engine Transition Program engine for the F–35A aircraft.

An assessment of progress made by prototype aircraft in the Adaptive Engine Transition Program effort.

The timeline associated with modernizing the F135 engine to meet Block 4 upgrade requirements for the F–35A aircraft.

The costs associated with modernizing the F135 engine to meet Block 4 upgrade requirements.

An assessment of the potential impact of the modernization alternatives described in this subsection on life cycle sustainment and sparing contracts, including the impact on international partners.

in subsection (a)(2), by adding at the end the following:

in subsection (i), by amending paragraph (1) to read as follows:

In general

The Commander of Naval Air Systems Command (NAVAIR) shall, in conjunction with the Director of Air Warfare (OPNAV N98), serve as the resource sponsor for the Advanced Sensor Applications Program (known as ASAP and in this section referred to as the Program).

Responsibilities

The resource sponsor of the Program shall be responsible for the following:

serve as a resource sponsor for the Program;

provide direction and management for the Program;

set priorities for the Program;

regulate or limit the information available or accessible to the Program;

edit reports or findings generated under the Program; or

coordinate and manage interactions of the Program with external stakeholders.

to enable the Program to utilize assets controlled within the Naval Air Systems Command enterprise, including sensor systems and platforms; and

to pursue the use of other assets that may further the mission of the Program.

The operation of multiple emitters and receivers in the same frequency at the same time and in the same location without mutual interference and without using adaptive beam forming or nulling.

Protecting the reception of Global Positioning System and other vulnerable low-power signals from multiple high-power jammers at a level that is significantly better than the protection afforded by Controlled Reception Pattern Antennas.

Simultaneous transmission from and reception of separate signals on the same platform wherein the signals lie in the same frequency and are transmitted and received at the same time without interference.

Capabilities similar to paragraphs (1) through (3) in a live, virtual constructive simulation environment.

Other capabilities that might satisfy or support needs set forth in the Electromagnetic Spectrum Superiority Strategy Implementation Plan.

provide oversight of the demonstrations and tests required by subsection (a);

review other applicable government or commercial demonstrations and tests; and

not later than 30 days after the completion of the demonstrations and tests under subsection (a), independently advise the Chief Information Officer (CIO) of the Department of Defense, the Under Secretary of Defense for Research and Engineering (USD R&E), and the Under Secretary of Defense for Acquisition and Sustainment (USD A&S) of the outcomes of the demonstrations and tests.

not later than 45 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office and the Director of Operational Test and Evaluation shall brief the congressional defense committees on the outcomes of the tests;

the Director of the Air Force Rapid Capabilities Office may commit additional funds to begin engineering form, fit, and function development and integration for specific Department of Defense platforms and applications; and

not later than 90 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office, the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment shall brief the congressional defense committees on a plan to further develop and deploy the demonstrated and tested technologies to support the Electromagnetic Spectrum Superiority Strategy Implementation Plan.

In general

The Secretary of Defense shall establish a working group for industry, academia, and Department of Defense components to coordinate on microelectronics issues of mutual interest as specified in subsection (b).

Composition

The working group established under paragraph (1) shall be composed of representatives of industry, academia, and Department of Defense components.

Designation

The working group established under paragraph (1) shall be referred to as the Government-Industry Working Group on Microelectronics (in this section referred to as the Working Group).

Future research needs.

Infrastructure needs and shortfalls.

Technical and process standards.

Training and certification needs for the workforce.

Supply chain issues.

Supply chain, manufacturing, and packaging security.

Charter and policies

Not later than March 1, 2023, the Secretary of Defense shall develop a charter and issue policies for the functioning of the Working Group.

Support

The joint federation of capabilities established under section 937 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) shall provide administrative support to the Working Group.

identify current and projected investments in research and technology development to support fielding and use of novel processing approaches;

identify current and projected investments supporting the acceleration of novel processing approaches, including investments in—

describe mechanisms to coordinate and leverage investments within the Department and with non-Federal partners;

describe the technical goals to be achieved and capabilities to be developed under the strategy; and

include recommendations for such legislative or administration action as may support the effective execution of the investment plan.

new, emerging techniques in computation, such as biocomputing, exascale computing, utility scale quantum computing; and

associated algorithm and hardware development needed to instantiate such techniques.

In general

Not later than 120 days after the date of the enactment of this Act, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, the Assistant Secretary of the Navy for Research, Development, and Acquisition, and the Assistant Secretary of the Air Force for Acquisition and Research, in coordination with and under the oversight of the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment, shall each develop and submit to the congressional defense committees an unclassified three-year transition plan for fifth generation information and communications technology (5G) infrastructure for their respective military department.

Elements

The transition plans identified under paragraph (1) shall include—

Assessment and briefing required

Not later than 150 days after the date of the enactment of this Act and after all of the plans required by subsection (a)(1) have been submitted in accordance with such subsection, the cross-functional team established pursuant to section 224(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4571 note) shall assess such plans and provide the congressional defense committees with a briefing on the findings of the cross functional team with respect to such assessment.

Elements

The briefing provided under paragraph (1) shall include the following:

In general

The Secretary of Defense may establish and carry out a pilot program to assess the feasibility and advisability of providing support to domestic battery producers, particularly those producing lithium-ion cells and battery packs—

Designation

The pilot program established under paragraph (1) shall be known as the Warfighter Electric Battery Transition Project (referred to in this section as the Project).

Conducting research and development to validate new or novel battery chemistry configurations, including through experimentation, prototyping, testing, integration or manufacturing feasibility assessment.

Providing commercially available technologies to each Secretary of a military department and the commanders of combatant commands to support utility assessments or other testing by warfighters.

Building and strengthening relationships of the Department of Defense with nontraditional defense contractors in the technology industry that may have unused or underused solutions to the specific operational challenges of the Department.

manufacture battery cells, packs, and modules in the United States;

manufacture battery cells, packs, and modules in the national technology industrial base (NTIB);

provide modularity to support diverse applications;

facilitate safety in tactical and combat applications by using chemistries that reduce thermal runaway and minimize oxygen liberation;

facilitate optimal use in light- medium- and heavy-duty applications by providing a minimum of 400 Wh/L of volumetric energy density;

demonstrate new or novel battery chemistry configurations, safety characteristics, or form-factor configurations;

facilitate the domestic supply chain for raw materials; and

offer commercial products or commercial services and maintains customers with verified purchase orders.

Plan required before implementation

The Secretary may not commence the Project until the Secretary has completed a plan for the implementation of the Project, including—

A description of each recommendation described in such subsection that has already been implemented.

A description of each recommendation described in such subsection that the Secretary has commenced implementing, including a justification for determining to commence implementing the recommendation.

A description of each recommendation described in such subsection that the Secretary has not implemented or commenced implementing and a determination as to whether or not to implement the recommendation.

For each recommendation under paragraph (3) the Secretary determines to implement, the following:

For each recommendation under paragraph (3) the Secretary determines not to implement, a justification for the determination not to implement.

Strategy

The purpose of the strategy required by subsection (a) is to provide a framework for identifying, assessing, and tracking innovation ecosystems that are beneficial to advancing the defense, national security, and warfighting missions of the Department of Defense.

Implementation plan

The purpose of the implementation plan required by subsection (a) is to provide—

A process for defining, assessing, and selecting innovation ecosystems with potential to provide benefit to the Department.

Metrics for measuring the performance and health of innovation ecosystems being supported by the Department, including identification of criteria to determine when to establish or cease supporting identified ecosystems.

Identification of Department of Defense research, development, test, and evaluation assets and authorities that can be engaged in identifying, establishing, sustaining, and expanding innovation ecosystems.

For each innovation ecosystem designated or established by the Department—

Such other elements as the Secretary considers appropriate.

update the strategy and plan developed under subsection (a); and

submit the updated strategy and plan to the congressional defense committees.

Section 1746a of title 10, United States Code, relating to acquisition workforce educational partnerships.

Section 2194 of such title, relating to education partnerships.

Section 2474 of such title, relating to centers of industrial and technical excellence.

Section 4001 of such title, relating to research and development projects.

Section 4010 of such title, relating to the Defense established program to stimulate competitive research.

Sections 4021 and 4022 of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively.

Section 4023 of such title, relating to procurement for experimental purposes.

Section 4025 of such title, relating to prizes for advanced technology achievements.

Section 4123 of such title, relating to mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

Section 4144 of such title, relating to research and educational programs at historically black colleges and universities and minority serving institutions.

Section 4832 of such title, relating to the encouragement of technology transfer at the Department of Defense.

Section 252 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239), relating to regional advanced technology clusters.

Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law113–66; 10 U.S.C. 4832 note), relating to enhanced transfer of technology development at Department of Defense laboratories.

Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures.

Section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public 115–91; 10 U.S.C. 4001 note), relating to mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

Section 833 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note), relating to a pilot program on acquisition practices for emerging technologies.

Other such authorities as the Secretary deems appropriate.

The term Department of Defense research, development, test, and evaluation assets includes the following:

The term innovation ecosystem refers to a regionally based network of private sector, academic, and government institutions in a network of formal and informal institutional relationships that contribute to technological and economic development in a defined technology sector or sectors.

In general

Not later than 60 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall, in consultation with the Under Secretary of Defense for Research and Engineering, establish requirements and a schedule for support from the National Security Agency to develop, test, assess, implement, and improve the capability required by subsection (a).

National Security Agency

The Director of the National Security Agency shall take such actions as may be necessary to satisfy the requirements established under paragraph (1).

Briefing

Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering and the Director of the National Security Agency shall provide the congressional defense committees a briefing on the requirements and the schedule for support established under paragraph (1).

In general

The Secretary of Defense shall assess whether the Department of Defense, to enable expanded use of unprogrammed application specific integrated circuits or other custom-designed integrated circuits manufactured by a supplier that is not using processes accredited by the Defense Microelectronics Activity for the purpose of enabling the Department to access commercial state-of-the-art microelectronics technology using risk-based quantifiable assurance security methodology, should—

Briefing

Not later than April 1, 2023, the Secretary shall provide the congressional defense committees a briefing on the findings of the Secretary with respect to the assessment conducted under paragraph (1).

in subsection (a)(6)—

in subsection (b)(1)(F)—

in subsection (c)(2), by striking Joint Artificial Intelligence Center and inserting the activities under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.).

by amending subsection (c) to read as follows:

in subsection (e), by striking Director of the Joint Artificial Intelligence Center and inserting official designated under subsection (b); and

by striking subsection (h).

In general

Section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—

Clerical amendment

The table of contents in section 2(b) of such Act is amended by striking the item relating to section 260 and inserting the following new item:

by striking paragraph (3); and

by redesignating paragraph (4) as paragraph (3).

In general

Section 233 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4001 note) is amended—

Clerical amendment

The table of contents in section 2(b) of such Act is amended by striking the item relating to section 233 and inserting the following new item:

by striking paragraphs (1) and (2);

by inserting before paragraph (3) the following new paragraph (1):

by redesignating paragraphs (3) and (4) and paragraphs (2) and (3), respectively.

In general

In determining joint requirements under subsection (a), the working group shall address the operational energy needs of each military department and combatant command to meet energy needs in all domains of warfare, including land, air, sea, space, cyberspace, subsea, and subterranean environments.

Priority for certain systems

Priority for joint requirements under subsection (a) shall be given to independent operational energy systems that—

micro-reactors and small modular reactors;

hydrogen-based fuel systems, including hydrogen fuel cells and hydrogen-based combustion engines;

battery storage;

renewable energy sources;

retrofits to existing platforms that will increase efficiencies; and

other technologies and resources that meet joint requirements determined under subsection (a).

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees an unclassified and classified report and provide to the congressional defense committees a classified briefing outlining recommendations for programs to meet joint requirements for future operational energy needs of the Department of Defense by 2025, 2030, and 2040.

Focus on readiness and flexibility

In submitting the report and providing the briefing required by paragraph (1), the Secretary shall—

Advanced nuclear reactor

The term advanced nuclear reactor has the meaning given that term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).

Micro-reactor

The term micro-reactor means an advanced nuclear reactor that has an electric power production capacity that is not greater than 50 megawatts that can be transported via land, air, or sea transport and can be redeployed.

Small modular reactor

The term small modular reactor means an advanced nuclear reactor—

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for—

Preparation of plan

The Secretary shall prepare the plan required under paragraph (1) in consultation with—

to monitor movement of the fuel plume in the aquifer surrounding the Facility;

to monitor long-term impacts to such aquifer and local water bodies resulting from water contamination from the Facility; and

to coordinate with the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services as the Agency conducts a follow up to the previously conducted voluntary survey of individuals and entities impacted by water contamination from the Facility.

modify the Unified Facilities Criteria to include criteria for microgrids; and

modify the Unified Facilities Guide Specifications to include specifications for microgrids and microgrid controllers.

to make amounts available to pay the reasonable costs of transfers described in subsection (a); and

to reimburse the third party for the reasonable costs that it may incur to carry out paragraph (1).

A load analysis and design necessary to complete such transfer.

Such rights of way and easements as may be necessary to support the construction of replacement electrical infrastructure.

In general

The Secretary of Defense shall conduct a pilot program on the use of sustainable aviation fuel by the Department of Defense.

Design of program

The pilot program shall be designed to—

Selection

Notice to Congress

Upon the selection of each facility under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of the selection, including an identification of the facility selected.

Plans

For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall—

Implementation of plans

For each facility selected under subsection (b), during the period beginning on a date that is not later than September 30, 2028, and for five years thereafter, the Secretary shall require, in accordance with the respective plan developed under paragraph (1), the exclusive use at the facility of aviation fuel that is blended to contain not less than 10 percent sustainable aviation fuel.

Such fuel shall be produced in the United States from domestic feedstock sources.

Such fuel shall constitute drop-in fuel that meets all specifications and performance requirements of the Department of Defense and the Armed Forces.

determines such use is not feasible due to a lack of domestic availability of sustainable aviation fuel or a national security contingency; and

submits to the congressional defense committees notice of such waiver and the reasons for such waiver.

In general

At the conclusion of the pilot program, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the pilot program.

Elements

The report required by paragraph (1) shall include each of the following:

consists of synthesized hydrocarbon;

meets the requirements of ASTM International Standard D7566 (or successor standard);

is derived from biomass (as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986), waste streams, renewable energy sources, or gaseous carbon oxides; and

is not derived from palm fatty acid distillates.

In general

Section 2925 of such title is amended—

Clerical amendment

The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by striking the item relating to section 2925 and inserting the following new item:

In general

Section 1061(c) of National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended by striking paragraphs (51) and (54).

Rule of construction

The reports required by sections 2711 and 2925 of title 10, United States Code, as amended by this section, shall not be considered to be covered reports for purposes of section 1080 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 111 note).

An assessment of the reliance by the Department of Defense on foreign entities of concern for the procurement of energy.

An identification of the number of energy contracts in force between the Director of the Defense Logistics Agency and a foreign entity of concern or an entity headquartered in a country that is a foreign entity of concern.

Such proposals as the Assistant Secretary of Defense for Energy, Installations, and Environment may have for divestment of resourcing of energy for the Department of Defense from entities described in subparagraph (B) and reconfiguring such resourcing instead from allies of the United States in the North Atlantic Treaty Organization and other major allies of the United States.

In general

Beginning not later than 180 days after the date of the enactment of this Act, Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note) timely and regularly updated information on the research efforts of the Department of Defense relating to perfluoroalkyl or polyfluoroalkyl substances, which shall include the following:

Format

The information published under paragraph (1) shall be made available in a downloadable, machine-readable, open, and a user-friendly format.

Definitions

In this subsection:

develop metrics for assessing progress of the Secretary toward improved shipyard capacity and performance in carrying out the Shipyard Infrastructure Optimization Plan of the Navy, including by measuring the effectiveness of capital investments;

ensure that the shipyard optimization program office of the Navy—

obtain an independent cost estimate for the shipyard optimization program before starting the prioritization of projects under such program.

the current progress of the Secretary towards implementing those requirements;

any hindrance to implementing those requirements; and

any additional resources necessary to implement those requirements.

An assessment of the maintenance needs of the Navy during the five-year period preceding the date of the enactment of this Act, including frequency of unplanned maintenance and average time it takes to repair ships.

An assessment of the projected maintenance needs of the Navy during the 10-year period following such date of enactment.

An assessment of whether current private shipyards in the United States have the capacity to meet current and anticipated needs of the Navy to maintain and repair ships, include whether there are adequate ship repair facilities and a sufficient trained workforce.

An identification of barriers limiting success of intermediate-level and depot-level maintenance availabilities, including constraints of adding private depot capacity and capability.

Recommendations based on the findings of paragraphs (1) through (4) regarding actions the Secretary of the Navy can take to ensure there is an industrial base of private ship repair facilities to meet the needs of the Navy and ensure fleet readiness, including whether the Secretary should institute a new force generation model, establish additional homeport facilities, or establish new hub-type maintenance facilities.

the fleet maintenance needs of surface combatant and support ships of the Navy;

private shipyard capacity, including workforce; and

additional investment in private shipyards necessary to meet the needs of the Navy.

In general

Not later than 180 days after the date of the enactment of this Act, the nonprofit entity or federally funded research and development center with whom the Secretary of the Navy entered into an agreement under subsection (a) shall submit to the Secretary a report on the results of the research and analysis undertaken under such subsection.

Transmittal to Congress

Not later than 30 days after the Secretary receives the report under paragraph (1), the Secretary shall transmit to the congressional defense committees a copy of the report.

An identification of any considerations that informed the decision to increase such rates.

The desired effect the change will have on the Navy ship repair industrial base.

In general

Not later than March 1, 2023, the Secretary of the Army shall submit to Congress a master plan for the housing and care of all horses within the care of the 3rd United States Infantry (commonly known as the Old Guard).

Elements

The plan required by paragraph (1) shall—

Inclusion in contracts

The Secretary of Defense shall include the prohibition under subsection (a) in any contract entered into by the Department of Defense to procure covered personal protective firefighting equipment for use by Federal or civilian firefighters.

No obligation to test

In carrying out the prohibition under subsection (a), the Secretary shall not have an obligation to test covered personal protective firefighting equipment to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances.

In general

The requirement under subsection (a) shall be subject to the availability of sufficiently protective covered personal protective firefighting equipment that does not contain intentionally added perfluoroalkyl substances or polyfluoroalkyl substances.

Extension of effective date

If the Secretary of Defense determines that no sufficiently protective covered personal protective firefighting equipment that does not contain intentionally added perfluoroalkyl substances or polyfluoroalkyl substances is available, the deadline under subsection (a) shall be extended until the Secretary determines that such covered personal protective firefighting equipment is available.

Covered personal protective firefighting equipment

The term covered personal protective firefighting equipment means—

Perfluoroalkyl substance

The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

Polyfluoroalkyl substance

The term polyfluoroalkyl substance means a man-made chemical containing at least one fully fluorinated carbon atom and at least one non-fully fluorinated carbon atom.

port security at installations of the Navy, commonly known as Mark–6 systems; or

mine search capabilities, commonly known as Mark–7 systems.

identified a replacement capability and the necessary quantity of systems to carry out such capability to meet all operational requirements currently being met by the Marine Mammal System program with a detailed explanation of such capability and quantity;

achieved initial operational capability of all systems described in paragraph (1) with a detailed explanation of such achievement; and

deployed a sufficient quantity of systems described in paragraph (1) that have achieved initial operational capability to continue to meet or exceed all operational requirements currently being met by the Marine Mammal System program with a detailed explanation of such deployment.

A complete cost estimate for the acquisition by the Department of Defense, or through contract mechanisms used by the Department, such as energy savings performance contracts, of electric non-tactical vehicles to replace the existing non-tactical vehicle fleet of the Department, which shall include—

An assessment of the current and projected sourcing shortfalls for lithium, cobalt, and nickel from Taiwan, India, member countries of the North Atlantic Treaty Organization, and major allies of the North Atlantic Treaty Organization.

An assessment of the current and projected supply chain shortfalls for electric vehicles, set forth by industry.

An assessment of the cost associated with building the required infrastructure to support electric non-tactical vehicles, including charging stations and electric grid requirements.

An assessment of the security risks associated with data collection conducted with respect to electric vehicles and related computer systems.

An assessment of the current range requirements for electric vehicle compared to combustion engine vehicles and the average life of vehicles of the Department necessary to maintain current readiness requirements of the Department.

An assessment of maintenance requirements of electric vehicles compared to combustion engine vehicles.

A cost-benefit analysis of the cost, time, and manpower associated with maintenance of electric non-tactical vehicles compared to combustion engine non-tactical vehicles.

An assessment of the effect transitioning to electric non-tactical vehicles would have on the National Defense Stockpile administered by the Defense Logistics Agency and current and future requirements relating to such stockpile.

An identification of components for electric non-tactical vehicles that are currently being sourced from the People’s Republic of China.

An assessment of the long-term cost and benefit to the Department of being an early adopter of hydrogen-powered vehicles and advanced-biofuel-powered vehicles.

An assessment of the long-term availability to the Department of internal combustion engines and spare parts for such engines, including whether or not they will be manufactured in the United States or repairable with parts made in the United States and labor in the United States.

A comparison of the relative risk to personnel of the Department, budgetary impacts, and impacts on the supply chain between different fuel types to determine the tradeoffs associated with the adoption and use of any particular fuel type.

Advanced-biofuel-powered vehicle

The term advanced-biofuel-powered vehicle includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2202 (7 U.S.C. 8101(3)(A)).

Charging station

The term charging station means a parking space with electric vehicle supply equipment that supplies electric energy for the recharging of electric vehicles with at least a level 2 charger.

Electric grid requirements

The term electric grid requirements means the power grid and infrastructure requirements needed to support plug-in electric vehicles and vehicle-to-grid requirements.

Hydrogen-powered vehicle

The term hydrogen-powered vehicle means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion.

Non-tactical vehicle

The term non-tactical vehicle means any commercial motor vehicle, trailer, material handling equipment, or engineering equipment that carries passengers or cargo acquired for the administrative, direct mission, or operational support of military functions.

carry out the pilot program at not fewer than one military installation in the United States selected by the Secretary concerned that contains the necessary forces, equipment, and maneuver training ranges to collect data on drivers and military tactical vehicles during training and routine operation;

install data recorders on a sufficient number of each type of military tactical vehicle specified in subsection (d) to gain statistically significant results;

select a data recorder capable of collecting and exporting telemetry data, event data, and driver identification data during operation and accidents;

establish and maintain a data repository for operation and event data captured by the data recorder; and

establish processes to leverage operation and event data to improve individual vehicle operator performance, identify installation hazards that threaten safe vehicle operation, and identify vehicle-type specific operating conditions that increase the risk of accidents or mishaps.

High Mobility Multipurpose Wheeled Vehicles.

Family of Medium Tactical Vehicles.

Medium Tactical Vehicle Replacements.

Heavy Expanded Mobility Tactical Trucks.

Light Armored Vehicles.

Stryker armored combat vehicles.

Such other military tactical vehicles as the Secretary of the Army or the Secretary of the Navy considers appropriate.

develop plans for implementing the pilot programs under this section; and

provide to the congressional defense committees a briefing on those plans and the estimated cost of implementing those plans.

insights and findings regarding the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles;

adjustments made, or to be made, to the implementation plans developed under subsection (e); and

any other matters as determined appropriate by the Secretary concerned.

insights and findings regarding the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles;

an assessment of the utility of establishing an enduring program to use data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles;

an assessment of the scope, size, and estimated cost of such an enduring program; and

such other matters as the Secretary of the Army and the Secretary of the Navy determine appropriate.

In general

Section 691 of title 10, United States Code, is repealed.

Table of sections

The table of sections at the beginning of chapter 39 of such title is amended by striking the item relating to section 691.

in subsection (f), by striking increase each place it appears and inserting vary; and

in subsection (g)—

Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength.

Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength.

The Army National Guard of the United States, 336,000.

The Army Reserve, 189,500.

The Navy Reserve, 57,700.

The Marine Corps Reserve, 33,000.

The Air National Guard of the United States, 108,400.

The Air Force Reserve, 70,000.

The Coast Guard Reserve, 7,000.

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

For the Army National Guard of the United States, 22,294.

For the Army Reserve, 6,492.

For the Air National Guard of the United States, 10,994.

For the Air Force Reserve, 7,111.

by striking , in the order of the seniority of such officers on the warrant officer active-duty list; and

by adding at the end the following new sentence: Warrant officers of particular merit who were recommended by the board to be placed higher on the promotion list under section 576(c) of this title shall be listed first and, amongst themselves, in the order recommended by the board, followed by the other warrant officers approved for promotion in order of the seniority of such officers on the warrant officer active-duty list..

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the National Guard commissioned officer and warrant officer promotion system and provide recommendations to the Department of Defense, the Department of the Air Force, the Department of the Army, the National Guard Bureau, and individual State National Guard commands.

Elements

The study referred to in paragraph (1) shall include a comprehensive review and assessment of the following:

Report

In general

Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified in paragraph (3), the Secretary of Defense, in consultation with the Secretary of the Army and the Secretary of the Air Force as appropriate, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing the current status of the Federal recognition process for National Guard promotions.

Elements

The report required under paragraph (1) shall include the following elements:

Expiration of annual reporting requirement

The date referred to in paragraph (1) is such time as the average processing time for personnel actions described under this subsection is reduced to 90 days or fewer for each of the Army and Air National Guards.

Section 3(a) (50 U.S.C. 3802(a)) is amended—

Section 4(e) (50 U.S.C. 3803(e)) is amended by striking enlisted men and inserting enlisted persons.

Section 5 (50 U.S.C. 3805) is amended—

Section 6 (50 U.S.C. 3806) is amended—

Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is amended by striking the President is requested and all that follows through race or national origin and inserting the President is requested to appoint the membership of each local board so that each board has both male and female members and, to the maximum extent practicable, it is proportionately representative of those registrants within its jurisdiction in each applicable basis set forth in section 703(a) of the Civil Rights Act of 1964 (42 U.S.C. 2002e–2(a)), but no action by any board shall be declared invalid on the ground that such board failed to conform to such representation quota.

Section 16(a) (50 U.S.C. 3814(a)) is amended by striking men and inserting persons.

in section 4 (50 U.S.C. 3803)—

in section 5(d) (50 U.S.C. 3805(d)), by striking he may prescribe and inserting the President may prescribe;

in section 6 (50 U.S.C. 3806)—

in section 10 (50 U.S.C. 3809)—

in section 13(b) (50 U.S.C. 3812(b)), by striking regulation if he and inserting regulation if the President;

in section 15 (50 U.S.C. 3813)—

in section (16)(g) (50 U.S.C. 3814(g))—

in section (18)(a) (50 U.S.C. 3816(a)), by striking he is authorized and inserting the President is authorized;

in section 21 (50 U.S.C. 3819)—

in section 22(b) (50 U.S.C. 3820(b)), in paragraphs (1) and (2), by striking his each place it appears and inserting the registrant’s; and

except as otherwise provided in this section—

the member—

after an evaluation of the member by a mental health provider, that provider recommends, in writing, that the member use leave to which the member is entitled under section 704 of title 10, United States Code, to travel away from Alaska for the health and well-being of the member; and

an officer with the grade of O–6 or higher in the chain of command of the member authorizes the travel of the member.

beginning on the date of the enactment of this Act; and

ending on December 31, 2023.

a health care provider of the Department of the Defense at a facility of the Department; or

a non-Departmental health care provider (as defined in section 717 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat 868; 10 U.S.C. 1073 note)).

Briefing

Not later than March 1, 2023, and no less frequently than once every 180 days thereafter through December 31, 2024, each Secretary concerned shall provide to the appropriate congressional committees a briefing that details the resourcing necessary to implement subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) and the amendments made by that subtitle.

Report

Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report that details the resourcing necessary to implement subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) and the amendments made by that subtitle.

Form of briefing and report

The Secretaries concerned may provide the briefings and report required under paragraphs (1) and (2) jointly, or separately, as determined appropriate by such Secretaries.

The number of personnel and personnel authorizations (military and civilian) required by the Armed Forces to implement and execute the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) and the amendments made by that subtitle.

The basis for the numbers provided pursuant to paragraph (1), including the following:

The nature and scope of any contract required by the Armed Force concerned to implement and execute the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) and the amendments made by that subtitle.

The amount and types of additional funding required by the Armed Force concerned to implement the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) and the amendments made by that subtitle.

Any additional authorities required to implement the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) and the amendments made by that subtitle.

Any additional information the Secretary concerned determines is necessary to ensure the manning, equipping, and resourcing of the Armed Forces to implement and execute the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) and the amendments made by that subtitle.

Appropriate congressional committees

The term appropriate congressional committees means—

Secretary concerned

The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code.

In general

Paragraph (17)(A) of section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), as added by section 533 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1695), is amended—

Effective date

The amendments made by paragraph (1) shall—

the duties to be transferred under subsection (b);

the positions to which those duties will be transferred; and

any provisions of law or Rules for Courts Martial that must be amended or modified to fully complete the transfer.

An overall assessment of the effect such reforms have had on the military justice system and the maintenance of good order and discipline in the ranks.

The percentage of caseload and courts-martial assessed as meeting, or having been assessed as potentially meeting, the definition of covered offense, disaggregated by offense and military service where possible.

An assessment of prevalence and data concerning disposition of cases by commanders after declination of prosecution by special trial counsel, disaggregated by offense and military service when possible.

Assessment of the effect, if any, the reforms contained in such subtitle have had on non-judicial punishment concerning covered and non-covered offenses.

A description of the resources and personnel required to maintain and execute the reforms made by such subtitle during the reporting period relative to fiscal year 2022.

A description of any other factors or matters considered by the Secretary to be important to a holistic assessment of these reforms on the military justice system.

in subsection (b)(1), by striking shall have jurisdiction over and all that follows through the period at the end of subparagraph (D) and inserting the following: “shall have jurisdiction over—

in subsection (c), by striking is timely if and all that follows through the period at the end of paragraph (2) and inserting the following: “is timely if—

by amending subsection (a) to read as follows:

in subsection (b)—

in subsection (c)—

in subsection (d)(1), by striking under subsection (c)— and all that follows through (B) in a case submitted and inserting under subsection (c)(1) in a case submitted.

by striking Subject to paragraph (4) and inserting Subject to paragraph (5); and

in subparagraph (D), by striking an ordered rehearing and inserting an authorized rehearing.

in subsection (a), in the matter preceding paragraph (1), by striking The policies shall and inserting Subject to subsection (c), the policies shall;

by redesignating subsection (c) as subsection (d); and

by inserting after subsection (b) the following new subsection:

by striking problematic sexual behavior in children and youth and inserting incidents; and

by striking , regardless of whether the alleged offender was another child, an adult, or someone in a noncaregiving role at the time of the incident.

in the subsection heading, by striking reported to family advocacy programs;

by redesignating paragraph (1) as subparagraph (A) and moving such subparagraph, as so redesignated, 2 ems to the right;

by inserting before subparagraph (A), as so redesignated, the following:

by inserting after subparagraph (A), as so redesignated, the following new subparagraph:

in paragraph (2)A)—

in paragraph (7), by inserting , as described in subsection (a)(2)(A) and (a)(2)(B), after reported incidents of child abuse; and

by adding at the end the following new paragraph:

by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively;

by inserting after paragraph (1) the following new paragraphs:

in paragraph (6), as redesignated by paragraph (1) of this section, by amending the text to read as follows:

in subsection (c), by adding at the end the following new paragraph:

by adding at the end the following new subsection:

the recruiting, retention, professional military education, and promotion of special operations personnel;

the sharing of personnel data between the military departments and the United States Special Operations Command; and

any other matters the Secretary of Defense determines necessary.

Must be between the age of 17 and 25.

Must be a category I recruit.

Must sign a written agreement consenting to the requirements under subsection (c).

The educational program authorized under subsection (a) may not exceed a period of 3 years.

Funds may not be provided under the program to an eligible individual unless the individual signs an enlistment contract for active duty military service upon the completion of the educational program for which the funds were provided.

Individuals participating in the demonstration program shall be evaluated annually to ensure continued eligibility for military service.

Individuals participating in the program shall be required to enroll in an ongoing, pre-service course of instruction in order to prepare such individuals for military service and ensure their continued fitness and eligibility for service. The course of instruction may be administered either remotely or in-person, as the Secretary shall direct. The pre-service instruction shall be concurrent with the degree program authorized pursuant to subsection (a).

Individuals who do not maintain eligibility for military service may be required to repay any funds provided by the Secretary concerned under this program, as the Secretary shall direct.

a description of the demonstration program;

a statement of the goals or anticipated outcomes of the demonstration program;

a description of the method and metrics used to evaluate the effectiveness of this demonstration program; and

any other matters the Secretary concerned determines relevant.

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2023 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

Local educational agency defined

In this subsection, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

In general

Of the amount authorized to be appropriated for fiscal year 2023 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

Additional amount

Of the amount authorized to be appropriated for fiscal year 2023 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities.

Report

Not later than March 31, 2023, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive.

had (as determined by the Secretary of Defense in consultation with the Secretary of Education) an overall increase or reduction of—

is projected to have an overall increase, between fiscal years 2023 and 2028, of not less than 500 military dependent students in average daily attendance in the schools of the local educational agency as the result of a signed record of decision.

20 percent or more of students enrolled in schools of the local educational agency are military dependent students; and

in the case of assistance described in subsection (a)(1), the overall increase or reduction in military dependent students in schools of the local educational agency is the result of one or more of the following:

Pro rata distribution

The amount of the assistance provided under subsection (a) to a local educational agency that is eligible for such assistance for a fiscal year shall be equal to the product obtained by multiplying—

Per-student rate

For purposes of paragraph (1)(A), the per-student rate for a fiscal year shall be equal to the dollar amount obtained by dividing—

Maximum amount of assistance

A local educational agency may not receive more than $15,000,000 in assistance under subsection (a) for any fiscal year.

the eligibility of the local educational agency for the assistance; and

the amount of the assistance for which the local educational agency is eligible.

general fund purposes;

special education;

school maintenance and operation;

school expansion; or

new school construction.

Base closure process

The term base closure process means any base closure and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States Code, or any other similar law enacted after that date.

Local educational agency

The term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

Military dependent students

The term military dependent students means—

State

The term State means each of the 50 States and the District of Columbia.

the number of dependent children enrolled in the Exceptional Family Member Program at the military installation on which the center in located;

the number of children with special needs enrolled in the center; and

such other considerations as the Secretary, in consultation with the Secretaries of the military departments, considers appropriate.

coordinate intervention and inclusion services at the center;

provide direct classroom support; and

provide guidance and assistance relating to the increased complexity of working with the behaviors of children with special needs.

Briefing on anticipated costs

Not later than March 1, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the anticipated costs for the pilot program required by subsection (a).

Briefing on effectiveness of program

Not later than September 30, 2025, the Secretary of Defense shall submit provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the pilot program required by subsection (a) that includes—

commence not later than January 1, 2024; and

terminate on December 31, 2026.

In general

Not later than December 31, 2028, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the conduct of the pilot program under section 589C(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2164 note).

Elements

The report required by paragraph (1) shall include a description of—

A description of issues related to officer development in the Space Force, including—

A description of issues related to officer accessions in the Space Force, including—

A description of issues related to the professional military ethic in the Space Force, including—

Any other issues related to personnel management and professional development of officers in the Space Force that the Secretary concerned determines relevant.

A compilation of suicide data by military job code to determine which military career fields have a higher per capita suicide rate compared to—

A disaggregation of suicide data by age categories consistent with the Department of Defense Annual Suicide Report age categories.

Lieutenant General Frank Maxwell Andrews was born in Nashville, Tennessee, in 1884, and graduated from the United States Military Academy, West Point, in 1906, where he received a commission in the cavalry.

In 1917, Lieutenant General Andrews was transferred to the aviation section of the Army Signal Corps, where he commanded various airfields around the United States, serving in a number of leadership positions, including—

Following World War I, Lieutenant General Andrews served as the Air Officer for the Army of Occupation in Germany.

In 1935, Lieutenant General Andrews was selected to command the new General Headquarters Aviation, where he had oversight of all Air Corps units and led the development of the Army Air Force.

In 1939, Lieutenant General Andrews was chosen as Army G3, the Assistant Chief of Staff for Operations and Training, making him responsible for preparing operational plans for the entire Army for the impending war.

During World War II, Lieutenant General Andrews led a number of global critical commands, the only general to command 3 theaters of operations during the war, serving as commander of—

Lieutenant General Andrews was killed in an B–24 bomber crash during an inspection tour of Iceland.

A number of Lieutenant General Andrews’ colleagues and subordinates have been posthumously promoted to the rank of four-star general for their contributions during World War II.

Lieutenant General Andrews was considered one of General Douglas MacArthur’s great captains due to his strong leadership capabilities, which empowered future leaders to lead United States ground and air forces to victory during World War II.

Joint Base Andrews, a United States military base previously known as Andrews Air Force Base, was named for Lieutenant General Andrews on February 7, 1945, for his leadership as commander of the Air Force General Headquarters and Commanding General of the United States forces in the European Theater of Operations.

In addition to Joint Base Andrews, additional military facilities and installations were named after Lieutenant General Andrews for his contribution to the United States forces, including—

Lieutenant General Andrews is considered one of the founders of the United States Army Air Forces, known today as the United States Air Force, due to his efforts to pursue and empower a separate and independent Air Force.

Lieutenant General Andrews served honorably in the United States military for over 37 years.

Lieutenant General Andrews is considered one of the United States’ key military commanders of World War II.

his 37 years of loyal service to the United States Army and Army Air Corps;

his heroic leadership during World War I and World War II; and

his lasting legacy and selfless sacrifice on behalf of the United States.

by redesignating subsections (m) through (p) as subsections (n) through (q), respectively; and

by inserting after subsection (l) the following new subsection (m):

in section 4109(a)(2)—

in section 5725(c)(2)(B), by striking section 476(b)(1)(H)(iii) and inserting subsections (c) and (d) of section 453; and

in section 5760—

in section 710—

in section 1174a(b)(2)(B), by striking sections 474 and 476 and inserting sections 452 and 453(c);

in section 1175(j), by striking sections 474 and 476 and inserting sections 452 and 453(c);

in section 1175a(e)(2)(B), by striking sections 474 and 476 and inserting sections 452 and 453(c);

in section 1491(d)(3), by striking section 495(a)(2) and inserting section 435(a)(2);

in section 2013(b)(2)—

in section 2493(a)(4)(B)(ii), by striking section 481f(d) and inserting section 453(f);

in section 2613(g), by striking section 481h(b) and inserting section 451(a); and

in section 12503—

in subsection (a), in the third sentence, by striking sections 206 and 495 and inserting sections 206 and 435;

in subsection (b)(2)(A), by striking section 495 and inserting section 435; and

in subsection (c), by striking chapter 7 and inserting section 452.

in section 403—

in section 420(b), by striking sections 474–481 and inserting section 452;

in section 422(a), by striking section 480 and inserting section 452;

in section 427—

in section 433(b), by striking section 474(d)(2)(A) and inserting section 452;

in section 451(a)(2)(H)—

in section 1002(b)(1), by striking section 474(a)–(d), and (f), and inserting section 452;

in section 1003, by striking sections 402–403b, 474–477, 479–481, and 414 and inserting sections 402 through 403b, 405, 414, 452, and 453; and

in section 1006(g)—

Section 2130a(a)(1), relating to nurse officer candidate accession program.

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

Section 331(h), relating to general bonus authority for enlisted members.

Section 332(g), relating to general bonus authority for officers.

Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

Section 352(g), relating to assignment pay or special duty pay.

Section 353(i), relating to skill incentive pay or proficiency bonus.

Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

in paragraph (7)(E), by striking December 31, 2022 and inserting December 31, 2023; and

in paragraph (8)(C), by striking September 30, 2022 and inserting December 31, 2023.

by striking subsection (d); and

by redesignating subsections (e) through (m) as subsections (d) through (l).

in subsection (b), by striking subsections (d), (f), and (g) and inserting subsections (e) and (f);

in subsection (f), as redesignated by subsection (a)(2), in the first sentence, by striking subsections (b), (d), and (f) and inserting subsections (b) and (e); and

in subsection (i), as so redesignated, in the first sentence, by striking subsections (b), (d), and (f) and inserting subsections (b) and (e).

Title 14

Section 2508(a) of title 14, United States Code, is amended by striking section 701(f)(2) and inserting section 701(e).

Title 37

Title 37, United States Code, is amended—

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right;

by inserting (A) after (3); and

by adding at the end the following new subparagraph:

whose continued service on active duty would be in the best interest of the Department of the Air Force, as determined by the Secretary; and

who have not more than three years and not less than one year remaining on an active duty service obligation under section 653 of title 10, United States Code.

In general

Under the demonstration program required under subsection (a), the Secretary shall offer retention incentives under subsection (d) to a rated officer described in subsection (b) who executes a written agreement to remain on active duty in a regular component of the Air Force for not less than four years after the completion of the active duty service obligation of the officer under section 653 of title 10, United States Code.

Exception

If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot be fulfilled, the agreement of the officer under paragraph (1) to remain on active duty shall expire not later than one year after that determination.

Guarantee of future assignment location

Under the demonstration program required under subsection (a), the Secretary may offer to a rated officer described in subsection (b) a guarantee of future assignment locations based on the preference of the officer.

Aviation bonus

Under the demonstration program required under subsection (a), notwithstanding section 334(c) of title 37, United States Code, the Secretary may pay to a rated officer described in subsection (b) an aviation bonus not to exceed an average annual amount of $50,000 (subject to paragraph (3)(B)).

Combination of incentives

The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2).

Rated officer

The term rated officer means an officer specified in section 9253 of title 10, United States Code.

Secretary

The term Secretary means the Secretary of the Air Force.

in subsection (b)—

in subsection (d)(1)—

in subsection (e), by adding at the end the following new paragraph:

in subsection (j), by striking plan established under this section and inserting standard option plan described in subsection (b)(2)(C)(ii)..

In general

In order to implement the dental program improvements on the date specified in subsection (b), the Secretary of Defense shall, not later than January 1, 2024, issue an interim final regulation consistent with the provisions of section 1076a of title 10, United States Code, as amended by subsection (a), that will be in effect on the date specified in subsection (b).

Maintenance of covered services

The regulation required by paragraph (1) shall ensure that covered services under standard option plans described in subsection (b)(2)(C)(ii) of section 1076a of title 10, United States Code, as added by subsection (a), shall be no less than those services under the premium sharing plans under such section in effect as of the date of the enactment of this Act.

in subsection (a)—

in subsection (b)(1), by striking active duty and inserting active service; and

in subsection (d)(1)(A), by striking active duty and inserting active service.

update and reissue Department of Defense Instruction 6490.08, entitled Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members and issued on August 17, 2011, taking into account—