James M. Inhofe National Defense Authorization Act for Fiscal Year
2023
Public Law 117-263
The following are excerpts,
highlighted in red, from the final
legislation and/or conference report which contain references to and
studies for The National Academies of Sciences, Engineering, and
Medicine. (Pound signs [##] between passages denote the deletion of
unrelated text.)
HR7776 DeFazio
(D-Ore.) 12/20/22
Enrolled
(finally passed both houses)
To authorize appropriations for
fiscal year 2023 for military activities of the Department of
Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel strengths
for such fiscal year, and for other purposes..
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SEC. 223. REPORT AND PILOT PROGRAM BASED ON RECOMMENDATIONS
REGARDING DEFENSE RESEARCH CAPACITY AT HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND OTHER MINORITY-SERVING
INSTITUTIONS
(a) REPORT REQUIRED
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the recommendations set forth in
the publication of the National Academies of Sciences,
Engineering, and Medicine titled “Defense Research Capacity at
Historically Black Colleges and Universities and Other Minority
Institutions: Transitioning from Good Intentions to Measurable
Outcomes” and dated April 28, 2022.
(2) CONTENTS.—The report required under paragraph (1) shall include
the following:
(A) With respect to the recommendations and subrecommendations set
forth in the publication described in paragraph (1)—
(i) a description of each recommendation and subrecommendation the
Secretary has implemented as of the date of the report;
(ii) a
description of each recommendation and subrecommendation the
Secretary has commenced implementing as of the date of the report,
including a justification for determining to commence implementing
the recommendation; and
(iii) a description of each
recommendation and subrecommendation the Secretary has not
implemented or commenced implementing as of the date of the report
and a determination as to whether or not to implement the
recommendation.
(B) For each recommendation or subrecommendation the Secretary
determines to implement under subparagraph (A)(iii)—
(i) a timeline for implementation;
(ii) a description of any
additional resources or authorities required for implementation;
and
(iii) the plan for implementation.
(C) For each recommendation or subrecommendation the Secretary
determines not to implement under subparagraph (A)(iii), a
justification for the determination not to implement the
recommendation.
(3) FORMAT.—The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
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SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES COMMAND
RESEARCH PROGRAM REALIGNMENT STUDY
(a) REPORT REQUIRED.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report on the recommendations set
forth in the publication of the National Academies of Sciences,
Engineering, and Medicine titled “Consensus Study Report: U.S. Army
Futures Command Research Program Realignment” and dated April 23,
2022.
(b) CONTENTS.—The report submitted under subsection (a) shall
include the following:
(1) A description of each recommendation described in such
subsection that has already been implemented.
(2) A description
of each recommendation described in such subsection that the
Secretary has commenced implementing, including a justification for
determining to commence implementing the recommendation.
(3) 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.
(4) .—For each recommendation under paragraph
(3) the Secretary determines to implement, the following:
(A) A timeline for implementation.
(B) A description of any
additional resources or authorities required for implementation.
(C)
The plan for implementation.
(5) For each recommendation under paragraph (3) the Secretary
determines not to implement, a justification for the determination
not to implement.
(c) FORMAT.—The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
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SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE
COMPREHENSIVE AUTISM CARE DEMONSTRATION PROGRAM
Section 737 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1800) is amended—
(1) .—in subsection (b)(2)—
(A) in subparagraph (A)—
(i) by inserting “broadly” after “disorder”; and
(ii) by
striking “demonstration project” and inserting “demonstration
program”;
(B) in subparagraph (B), by striking “demonstration project” and
inserting “demonstration program”;
(C) in subparagraph (C), by inserting “parental involvement in
applied behavioral analysis treatment, and” after “including”;
(D) in subparagraph (D), by striking “for an individual who has”
and inserting “, including mental health outcomes, for individuals
who have”;
(E) in subparagraph (E), by inserting “since its inception” after
“demonstration program”;
(F) in subparagraph (F), by inserting “cost effectiveness, program
effectiveness, and clinical” after “measure the”;
(G) in subparagraph (G), by inserting “than in the general
population” after “families”;
(H) by redesignating subparagraph (H) as subparagraph (I);
and
(I) by inserting after subparagraph (G) the following new
subparagraph (H):
“(H) An analysis of whether the diagnosis and treatment of autism
is higher among the children of military families than in the
general population.
(2) in subsection (c), in the matter preceding paragraph (1), by
striking “nine” and inserting “31”.
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SEC. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF
DEFENSE
(a) IN GENERAL.—The Secretary of Defense, in consultation with the
Secretaries concerned, shall establish a comprehensive initiative
for brain health to be known as the “Warfighter Brain Health
Initiative” (in this section referred to as the “Initiative”) for
the purpose of unifying efforts and programs across the Department
of Defense to improve the cognitive performance and brain health of
members of the Armed Forces.
(b) OBJECTIVES.—The objectives of the Initiative shall be the
following:
(1) .—To enhance, maintain, and restore the cognitive performance
of members of the Armed Forces through education, training,
prevention, protection, monitoring, detection, diagnosis, treatment,
and rehabilitation, including through the following
activities:
(A) The establishment of a program to monitor cognitive brain
health across the Department of Defense, with the goal of detecting
any need for cognitive enhancement or restoration resulting from
potential brain exposures of members of Armed Forces, to mitigate
possible evolution of injury or disease progression.
(B) The
identification and dissemination of thresholds for blast pressure
safety and associated emerging scientific evidence.
(C) The
modification of high-risk training and operational activities to
mitigate the negative effects of repetitive blast exposure.
(D)
The identification of individuals who perform high-risk training or
occupational activities, for purposes of increased monitoring of the
brain health of such individuals.
(E) The development and
operational fielding of non-invasive, portable, point-of-care
medical devices, to inform the diagnosis and treatment of traumatic
brain injury.
(F) The establishment of a standardized
monitoring program that documents and analyzes blast exposures that
may affect the brain health of members of the Armed Forces.
(G) The consideration of the findings and recommendations of
the report of the National Academies of Science, Engineering,
and Medicine titled “Traumatic Brain Injury: A Roadmap for
Accelerating Progress” and published in 2022 (relating to the
acceleration of progress in traumatic brain injury research and
care), or any successor report, in relation to the activities of
the Department relating to brain health, as applicable.
(2) To harmonize and prioritize the efforts of the Department of
Defense into a single approach to brain health.
(c) ANNUAL BUDGET JUSTIFICATION DOCUMENTS.—In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for each of fiscal years 2025 through
2029 (as submitted with the budget of the President under section
1105(a) of title 31, United States Code), the Secretary of Defense
shall include a budget justification display that includes all
activities of the Department relating to the Initiative.
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SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO
EFFECTS OF EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL
HAZARDS
(a) IN GENERAL.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall—
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(5) .—With respect to the conduct of research, the following:
(A) An assessment of the potential use of the Airborne Hazards and
Open Burn Pit Registry for research on monitoring and identifying
the health consequences of exposure to open burn pits.
(B) An
analysis of options for increasing the amount and the relevance of
additional research into the health effects of open burn pits and
effective treatments for such health effects.
(C) An evaluation
of potential research of biomarker monitoring to document
environmental exposures during deployment or throughout the military
career of a member of the Armed Forces.
(D) An analysis of
potential organizational strengthening with respect to the
management of research on environmental exposure hazards, including
the establishment of a joint program executive office for such
management.
(E) An assessment of the findings and recommendations of the
2020 report by the National Academies of Science, Engineering,
and Medicine titled “Respiratory Health Effects of Airborne
Hazards Exposures in the Southwest Asia Theater of Military
Operations”.
(6) An evaluation of such other matters as the Secretary of Defense
determines appropriate to ensure a comprehensive review of
activities relating to the effects of exposure to open burn pits and
other environmental hazards.
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SEC. 3526. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE PORT
INFRASTRUCTURE RESILIENCY AND DISASTER PREPAREDNESS
(a) REVIEW.—The Comptroller General of the United States shall
conduct a review of Federal efforts to assist ports in enhancing the
resiliency of key intermodal connectors to weather-related
disasters. The review shall include an analysis of the
following:
(1) Actions being undertaken at various ports to better identify
critical land-side connectors that may be vulnerable to disruption
in the event of a natural disaster, including how to communicate
such information during a disaster when communications systems may
be compromised, and the level of Federal involvement in such
actions.
(2) The extent to which the Department of Transportation and
other Federal agencies are working in line with recent
recommendations from key resiliency reports, including the
National Academies of Science study on strengthening supply
chain resilience, to establish a framework for ports to follow
to increase resiliency to major weather-related disruptions
before such disruptions happen.
(3) The extent to which the Department of Transportation or other
Federal agencies have provided funds to ports for resiliency-related
projects.
(4) The extent to which Federal agencies have a
coordinated approach to helping ports and the multiple State, local,
Tribal, and private stakeholders involved, to improve resiliency
prior to weather-related disasters.
(b) REPORT.—Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report containing the results of the review
required under subsection (a).
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SEC. 5305. FAIRNESS FOR FEDERAL FIREFIGHTERS
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“(B) BASIS FOR DETERMINATION.—The Secretary shall add an illness or
disease to the list established under paragraph (2) based on the
weight of the best available scientific evidence that there is a
significant risk to employees in fire protection activities of
developing that illness or disease.
“(C) AVAILABLE EXPERTISE.—In determining significant risk for
purposes of subparagraph (B), the Secretary may accept as
authoritative, and may rely upon, recommendations, risk assessments,
and scientific studies (including analyses of National Firefighter
Registry data pertaining to Federal firefighters) by the National
Institute for Occupational Safety and Health, the National
Toxicology Program, the National Academies of Sciences, Engineering,
and Medicine, and the International Agency for Research on
Cancer.
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SEC. 5913. NATIONAL RESEARCH AND DEVELOPMENT STRATEGY FOR
DISTRIBUTED LEDGER TECHNOLOGY
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(b) NATIONAL DISTRIBUTED LEDGER TECHNOLOGY RESEARCH AND DEVELOPMENT
STRATEGY
(1) IN GENERAL.—The Director, or a designee of the Director, shall, in
coordination with the National Science and Technology Council,
and the heads of such other relevant Federal agencies and
entities as the Director considers appropriate, which may
include the National Academies, and in consultation with such
nongovernmental entities as the Director considers appropriate,
develop a national strategy for the research and development of
distributed ledger technologies and their applications,
including applications of public and permissionless distributed
ledgers.
In developing the national strategy, the Director shall consider the
following:
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DIVISION K - DON YOUNG COAST GUARD AUTHORIZATION ACT OF
2022
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SEC. 11225. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND
AUTONOMOUS CONTROL AND COMPUTER VISION TECHNOLOGY PROJECT
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(c) SUBMISSION TO CONGRESS.—Not later than 180 days after the date
of enactment of this Act, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a detailed description of the strategy
of the Coast Guard to implement unmanned systems across mission
areas, including—
(1) the steps taken to implement actions recommended in the
consensus study report of the National Academies of Sciences,
Engineering, and Medicine titled “Leveraging Unmanned Systems for
Coast Guard Missions: A Strategic Imperative”, published on November
12, 2020;
(2) the strategic goals and acquisition strategies for
proposed uses and procurements of unmanned systems;
(3) a
strategy to sustain competition and innovation for procurement of
unmanned systems and services for the Coast Guard, including
defining opportunities for new and existing technologies; and
(4)
an estimate of the timeline, costs, staff resources, technology, or
other resources necessary to accomplish the strategy.
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Subtitle H-Sexual Assault and Sexual Harassment Response and
Prevention
SEC. 11272. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC
EXAMINATION KITS
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“564. Administration of sexual assault forensic examination
kits.
(c) STUDY
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this
Act, the Secretary shall seek to enter into an agreement with
the National Academy of Sciences under which the National
Academy of Sciences shall conduct a
study to assess challenges and prospective solutions associated
with sexual assault at sea, to include the provision of survivor
care, forensic examination of the victim, and evidence
collection.
(2) CONTENTS.—The study under paragraph (1) shall, at a minimum,
address the feasibility of crisis response services and physical
evaluation through telemedicine and other options concerning
immediate access to care whether onboard the vessel or at the
nearest shore side facility, including best practices for
administering sexual assault forensic examinations.
(3) ELEMENTS.—The study under paragraph (1) shall—
(A) take into account—
(i) the safety and security of the alleged victim of sexual
assault;
(ii) the ability to properly identify, document, and
preserve any evidence relevant to the allegation of sexual
assault;
(iii) the applicable criminal procedural laws relating
to authenticity, relevance, preservation of evidence, chain of
custody, and any other matter relating to evidentiary admissibility;
and
(iv) best practices of conducting sexual assault forensic
examinations, as such term is defined in section 40723 of title 34,
United States Code;
(B) provide any appropriate recommendation for changes to existing
laws, regulations, or employer policies;
(C) solicit public stakeholder input from individuals and
organizations with relevant expertise in sexual assault response
including healthcare, advocacy services, law enforcement, and
prosecution;
(D) evaluate the operational capabilities of the Coast Guard since
2013 in providing alleged victims of sexual assault immediate access
to care onboard a vessel undertaking a prescheduled voyage that, at
any point during such voyage, would require the vessel to travel 3
consecutive days or longer to reach a land-based or afloat medical
facility, including—
(i) the average of and range in the reported hours taken to
evacuate an individual with any medical emergency to a land-based or
afloat medical facility; and
(ii) the number of alleged
victims, subjects, and total incidents of sexual assault and sexual
harassment occurring while underway reported annually; and
(E) summarize the financial cost, required operational adjustments,
and potential benefits to the Coast Guard to provide sexual assault
forensic examination kits onboard Coast Guard vessels undertaking a
prescheduled voyage that, at any point during such voyage, would
require the vessel to travel 3 consecutive days or longer to reach a
land-based or afloat medical facility.
(4) REPORT.—Upon completion of the study under paragraph (1), the
National Academy of Sciences shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee
on Transportation and Infrastructure of the House of
Representatives, and the Secretary a report on the findings of the
study.
(5) ANNUAL REPORT.—The Commandant shall submit to the
Transportation and Infrastructure Committee of the House and the
Commerce, Science, and Transportation Committee of the Senate a
report containing the number of sexual assault forensic examinations
that were requested by, but not administered within 3 days to,
alleged victims of sexual assault when such victims were onboard a
vessel.
(6) SAVINGS CLAUSE.—In collecting the information required under
paragraphs (2) and (3), the Commandant shall collect such
information in a manner which protects the privacy rights of
individuals who are subjects of such information.
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SEC. 11319. STUDY ON IMPACTS ON
SHIPPING AND COMMERCIAL, TRIBAL, AND RECREATIONAL FISHERIES FROM
DEVELOPMENT OF RENEWABLE ENERGY ON WEST COAST
(a) STUDY.—Not later than 180 days after the date of enactment of this
Act, the Secretary, the Secretary of the Interior, and the Under
Secretary of Commerce for Oceans and Atmosphere, shall seek to
enter into an agreement with the National Academies of Science,
Engineering, and Medicine under which the National Academy of
Sciences, Engineering, and Medicine shall carry out a study
to—
(1) .—identify, document, and analyze—
(A) historic and current, as of the date of the study, Tribal,
commercial, and recreational fishing grounds, as well as areas where
fish stocks are likely to shift in the future in all covered
waters;
(B) usual and accustomed fishing areas in all covered
waters;
(C) historic, current, and potential future shipping
lanes, based on projected growth in shipping traffic in all covered
waters;
(D) current and expected Coast Guard operations
relevant to commercial fishing activities, including search and
rescue, radar, navigation, communications, and safety within and
near renewable energy sites; and
(E) key types of data needed
to properly site renewable energy sites on the West Coast, with
regard to assessing and mitigating conflicts;
(2) .—analyze—
(A) methods used to manage fishing, shipping, and other maritime
activities; and
(B) potential future interactions between such
activities and the placement of renewable energy infrastructure and
the associated construction, maintenance, and operation of such
infrastructure, including potential benefits and methods of
mitigating adverse impacts; and
(3) .—review the current decision-making process for offshore wind
in covered waters, and outline recommendations for governmental
consideration of all impacted coastal communities, particularly
Tribal governments and fisheries communities, in the decision-making
process for offshore wind in covered waters, including
recommendations for—
(A) ensuring the appropriate governmental consideration of
potential benefits of offshore wind in covered waters; and
(B)
risk reduction and mitigation of adverse impacts on Coast Guard
operations relevant to commercial fishing activities.
(b) SUBMISSION.—Not later than 1 year after commencing the study
under subsection (a), the Secretary shall—
(1) submit the study to the Committees on Commerce, Science, and
Transportation, and Energy and Natural Resources of the Senate and
the Committees on Transportation and Infrastructure, Natural
Resources, and Energy and Commerce of the House of Representatives,
including the review and outline provided under subsection (a)(3);
and
(2) make the study publicly available
(c) DEFINITIONS.—In this section:
(1) COVERED WATERS.—The term “covered waters” means Federal or
State waters off of the Canadian border and out to the furthest
extent of the exclusive economic zone along the West Coast of the
United States.
(2) EXCLUSIVE ECONOMIC ZONE.—The term “exclusive
economic zone” has the meaning given such term in section 107 of
title 46, United States Code.
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SEC. 11606. ALCOHOL AT SEA
(a) IN GENERAL.—The Commandant shall seek to enter into an
agreement with the National Academy of Sciences not later than 1
year after the date of enactment of this Act under which the
National Academy of Sciences shall
prepare an assessment to determine safe
levels of alcohol consumption and possession by crew members aboard
vessels of the United States engaged in commercial service, except
when such possession is associated with the commercial sale to
individuals aboard the vessel who are not crew members.
(b) ASSESSMENT.—The assessment prepared pursuant to subsection (a)
shall—
(1) take into account the safety and security of every individual
on the vessel;
(2) take into account reported incidences of
sexual harassment or sexual assault, as defined in section 2101 of
title 46, United States Code; and
(3) provide any appropriate
recommendations for any changes to laws, regulations, or employer
policies.
(c) SUBMISSION.—Upon completion of the assessment under this
section, the National Academy of Sciences shall submit to the
Committee on Commerce, Science, and Transportation of the Senate,
the Committee on Transportation and Infrastructure of the House of
Representatives, the Commandant, and the Secretary the assessment
prepared pursuant to subsection (a).
(d) REGULATIONS.—The Commandant—
(1) shall, not later than 180 days after receiving the submission
of the assessment under subsection (c), review the changes to
regulations recommended in such assessment; and
(2) taking into account the safety and security of every individual
on vessels of the United States engaged in commercial service, may
issue regulations relating to alcohol consumption on such
vessels.
(e) SAVINGS CLAUSE.—To the extent the Commandant issues regulations
establishing safe levels of alcohol consumption in accordance with
subsection (d), the Commandant may not issue regulations which
prohibit—
(1) the owner or operator of a vessel from imposing additional
restrictions on the consumption of alcohol, including the
prohibition of the consumption of alcohol on such vessels; and
(2) possession of alcohol associated with the commercial sale to
individuals aboard the vessel who are not crew members.
(f) REPORT REQUIRED.—If, by the date that is 2 years after the
receipt of the assessment under subsection (c), the Commandant does
not issue regulations under subsection (d), the Commandant shall
provide a report by such date to the committees described in
subsection (c)—
(1) containing the rationale for not issuing such regulations;
and
(2) providing other recommendations as necessary to ensure safety
at sea.
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