[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2670 Enrolled Bill (ENR)]
H.R.2670
One Hundred Eighteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twenty-three
An Act
To authorize appropriations for fiscal year 2024 for military activities
of the Department of Defense and 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2024''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into seven divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Other Matters.
(6) Division F--Department of State Authorization Act of 2023.
(7) Division G--Intelligence Authorization Act for Fiscal Year
2024.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitation on availability of funds pending assessment of Army
Trackless Moving Target systems.
Sec. 112. Strategy for Army tactical wheeled vehicle program.
Sec. 113. Report on acquisition strategies for the logistics
augmentation program of the Army.
Subtitle C--Navy Programs
Sec. 121. Modification of requirements for minimum number of carrier air
wings of the Navy.
Sec. 122. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 123. Multiyear procurement authority for Virginia class submarine
program.
Sec. 124. Procurement authority for Auxiliary Personnel Lighter program.
Sec. 125. Limitation on reductions to V-22 aircraft nacelle improvement
program.
Sec. 126. Limitation on consideration of Government-operated dry docks
in certain contract solicitations.
Sec. 127. Annual reports on use of Government docks for ship repair and
maintenance.
Subtitle D--Air Force Programs
Sec. 131. Limitation on retirement of F-15 aircraft and modification of
related reporting requirement.
Sec. 132. Limitations and minimum inventory requirement relating to RQ-4
aircraft.
Sec. 133. Temporary exception to minimum inventory requirement for
fighter aircraft of the Air Force.
Sec. 134. Modification of minimum inventory requirements for C-130
aircraft.
Sec. 135. Modification of annual reports on T-7A Advanced Pilot Training
System.
Sec. 136. Modification to prohibition on certain reductions to B-1
bomber aircraft squadrons.
Sec. 137. Modification of minimum inventory requirements for A-10
aircraft.
Sec. 138. Procurement authority for over-the-horizon radar systems.
Sec. 139. Prohibition on availability of funds for retirement of KC-135
aircraft.
Sec. 140. Prohibition on reduction of KC-135 aircraft in PMAI of the
reserve components.
Sec. 141. Limitation on issuance of acquisition strategy for the KC-135
recapitalization program.
Sec. 142. Prohibition on certain reductions to inventory of E-3 airborne
warning and control system aircraft.
Sec. 143. Prohibition on availability of funds for termination of
production lines for the HH-60W aircraft.
Sec. 144. Limitation on retirement of F-16C/D aircraft.
Sec. 145. Limitation on procurement of KC-46A aircraft.
Sec. 146. Limitation on actions relating to remote vision systems of KC-
46A aircraft.
Sec. 147. Limitation on retirement of T-1A training aircraft.
Sec. 148. Plan for long-term Air Force fighter force structure.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Annual report on force structure changes exhibit for the
defense budget.
Sec. 152. Multiyear procurement authority for domestically processed
critical minerals.
Sec. 153. Prohibition on solicitation of proprietary armor for certain
tactical vehicles.
Sec. 154. Prohibition on availability of funds for procurement of
certain batteries.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Annual report on unfunded priorities of the Under Secretary of
Defense for Research and Engineering.
Sec. 212. Delegation of responsibility for certain research programs.
Sec. 213. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 214. Clarifying role of partnership intermediaries to promote
defense research and education.
Sec. 215. Naval Air Warfare Rapid Capabilities Office.
Sec. 216. Modification of support for research and development of
bioindustrial manufacturing processes.
Sec. 217. Modification to administration of the Advanced Sensors
Application Program.
Sec. 218. Matters pertaining to hypersonic capabilities and testing
strategies.
Sec. 219. Improvements to defense quantum information science and
technology research and development program.
Sec. 220. Application of public-private talent exchange programs in the
Department of Defense to quantum information sciences and
technology research.
Sec. 221. Support for protection of sensitive research performed on
behalf of the Department of Defense.
Sec. 222. Support to the Defence Innovation Accelerator for the North
Atlantic.
Sec. 223. Consortium on use of additive manufacturing for defense
capability development.
Sec. 224. Next Generation Air Dominance family of systems development
program accountability matrices.
Sec. 225. Continuous capability development and delivery program for F-
35 aircraft.
Sec. 226. F-35 propulsion and thermal management modernization program.
Sec. 227. Establishment or expansion of University Affiliated Research
Centers for critical materials.
Sec. 228. Policies for management and certification of Link 16 military
tactical data link network.
Sec. 229. Rapid response to emergent technology advancements or threats.
Sec. 230. Pilot program to commercialize prototypes of the Department of
the Air Force.
Sec. 231. Pilot program on near-term quantum computing applications.
Sec. 232. Pilot program to facilitate access to advanced technology
developed by small businesses for ground vehicle systems of
the Army.
Sec. 233. Limitation on availability of funds pending documentation on
Future Attack Reconnaissance Aircraft program.
Subtitle C--Energetics and Other Munitions Matters
Sec. 241. Joint Energetics Transition Office.
Sec. 242. Consideration of lethality in the analysis of alternatives for
munitions.
Sec. 243. Pilot program on incorporation of the CL20 compound in certain
weapon systems.
Sec. 244. Limitation on sourcing chemical materials for munitions from
certain countries.
Sec. 245. Defense industrial base munition surge capacity critical
reserve.
Subtitle D--Plans, Reports, and Other Matters
Sec. 251. Congressional notification of changes to Department of Defense
policy on autonomy in weapon systems.
Sec. 252. Audit to identify diversion of Department of Defense funding
to China's research labs.
Sec. 253. Annual review of status of implementation plan for digital
engineering career tracks.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Improvement and codification of Sentinel Landscapes
Partnership program authority.
Sec. 312. Modification of authority for environmental restoration
projects at National Guard facilities.
Sec. 313. Modification to technical assistance authority for
environmental restoration activities.
Sec. 314. Coordination on agreements to limit encroachments and other
constraints on military training, testing, and operations.
Sec. 315. Requirement for approval by Under Secretary of Defense for
Acquisition and Sustainment of waiver for systems not meeting
fuel efficiency key performance parameter.
Sec. 316. Modification to prototype and demonstration projects for
energy resilience at certain military installations.
Sec. 317. Authority to transfer certain funds as payment relating to
Naval Air Station, Moffett Field, California.
Sec. 318. Prohibition on required disclosure by Department of Defense
contractors of information relating to greenhouse gas
emissions.
Sec. 319. Required infrastructure plan prior to deployment of certain
non-tactical vehicles at military installations.
Sec. 320. Prohibition and report requirement relating to certain energy
programs of Department of Defense.
Sec. 321. Report on schedule and cost estimates for completion of
testing and remediation of contaminated sites; publication of
cleanup information.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 331. Modification of timing of report on activities of PFAS Task
Force.
Sec. 332. Budget justification document for funding relating to
perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 333. Increase of transfer authority for funding of study and
assessment on health implications of perfluoroalkyl substances
and polyfluoroalkyl substances contamination in drinking water
by Agency for Toxic Substances and Disease Registry.
Sec. 334. Prizes for development of technology for thermal destruction
of perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 335. Treatment of certain materials contaminated with
perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 336. Government Accountability Office reports on testing and
remediation of perfluoroalkyl substances and polyfluoroalkyl
substances.
Subtitle D--Logistics and Sustainment
Sec. 341. Modification of rule of construction regarding provision of
support and services to non-Department of Defense
organizations and activities.
Sec. 342. Repeal of Comptroller General review requirement relating to
core logistics capabilities.
Sec. 343. Modifications to Contested Logistics Working Group of
Department of Defense.
Sec. 344. Matters relating to briefings on Shipyard Infrastructure
Optimization Program of the Navy.
Sec. 345. Foreign military sales exclusion in calculation for certain
workload carryover of Department of the Army.
Sec. 346. Pilot program on optimization of aerial refueling and fuel
management in contested logistics environments through use of
artificial intelligence.
Sec. 347. Limitation on availability of funds to expand leased
facilities for Joint Military Information Support Operations
Web Operations Center.
Sec. 348. Limitation on availability of funds pending submission of
certain 30-year shipbuilding plan by the Secretary of the
Navy.
Sec. 349. Plan regarding condition and maintenance of prepositioned
stockpiles of the Army.
Sec. 350. Strategy and assessment on use of automation and artificial
intelligence for shipyard optimization.
Sec. 351. Assessment and strategy relating to hardening of certain
military installations against attack by Iran and Iranian-
associated groups.
Sec. 352. Semiannual briefings on operational status of amphibious
warship fleet.
Subtitle E--Other Matters
Sec. 361. Review of notice of presumed risk issued by Military Aviation
and Installation Assurance Clearinghouse.
Sec. 362. Modifications to military aviation and installation assurance
clearinghouse for review of mission obstructions.
Sec. 363. Modification to Joint Safety Council.
Sec. 364. Designation of official responsible for coordination of
renegotiation of certain land leases owned by Department of
Defense in Hawaii.
Sec. 365. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and Technical Training
School.
Sec. 366. Establishment of Caisson Platoon and support for military and
State funeral services at Arlington National Cemetery.
Sec. 367. Recovery of rare earth elements and other strategic and
critical materials through end-of-life equipment recycling.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Policy
Sec. 501. Authorized strength: general and flag officers on active duty.
Sec. 502. Extension of active duty term for Attending Physician at
United States Capitol.
Sec. 503. Updating authority to authorize promotion transfers between
components of the same Armed Force or a different Armed Force.
Sec. 504. Flexibility in determining terms of appointment for certain
senior officer positions.
Sec. 505. Realignment of Navy spot-promotion quotas.
Sec. 506. Authority to increase the number of medical and dental
officers recommended for promotion to certain grades.
Sec. 507. Prohibition on appointment or nomination of certain officers
who are subject to special selection review boards.
Sec. 508. Effect of failure of selection for promotion.
Sec. 509. Improvements relating to service obligation for Marine Corps
cyberspace operations officers.
Sec. 509A. Time in grade requirements.
Sec. 509B. Establishment of Legislative Liaison of the Space Force.
Sec. 509C. Extension of authority to vary number of Space Force officers
considered for promotion to major general.
Sec. 509D. Briefing on number of general officers of the Space Force on
active duty.
Subtitle B--Reserve Component Management
Sec. 511. Removal of active duty prohibition for members of the Air
Force Reserve Policy Committee.
Sec. 512. Grade of Vice Chief of the National Guard Bureau.
Sec. 513. Mobilization of Selected Reserve for preplanned missions in
support of the combatant commands.
Sec. 514. Alternative promotion authority for reserve officers in
designated competitive categories.
Sec. 515. Authorization for FireGuard Program.
Sec. 516. Designation of at least one general officer of the Marine
Corps Reserve as a joint qualified officer.
Subtitle C--General Service Authorities and Prohibitions
Sec. 521. Permanent authority to order retired members to active duty in
high-demand, low-density appointments.
Sec. 522. Prohibition on policy of the Department of Defense regarding
identification of gender or personal pronouns in official
correspondence.
Sec. 523. Prohibition on former members of the Armed Forces accepting
post-service employment with certain foreign governments.
Sec. 524. Verification of the financial independence of financial
services counselors in the Department of Defense.
Sec. 525. Modification of requirements for approval of foreign
employment by retired and reserve members of uniformed
services.
Sec. 526. Consideration of reinstatement of a member of the Armed Forces
involuntarily separated on the basis of refusal to receive a
vaccination against COVID-19.
Sec. 527. Reviews of characterization of administrative discharges of
certain members on the basis of failure to receive COVID-19
vaccine.
Sec. 528. Certain members discharged or dismissed on the sole basis of
failure to obey a lawful order to receive a vaccine for COVID-
19: communication strategy regarding reinstatement process.
Sec. 529. Continuing military service for certain members eligible for
chapter 61 retirement.
Sec. 529A. Threat-based security services and equipment for certain
former or retired Department of Defense personnel.
Sec. 529B. Limitation on establishment of new diversity, equity, and
inclusion positions; hiring freeze.
Sec. 529C. Requirement to base military accessions and promotions on
merit and performance.
Subtitle D--Military Justice and Other Legal Matters
Sec. 531. Technical and conforming amendments to the Uniform Code of
Military Justice.
Sec. 532. Establishment of staggered terms for members of the Military
Justice Review Panel.
Sec. 533. Supreme Court review of certain actions of the United States
Court of Appeals for the Armed Forces.
Sec. 534. Additional requirements for initiative to enhance the
capability of military criminal investigative organizations to
prevent and combat child sexual exploitation.
Sec. 535. Limitation on availability of funds for relocation of Army CID
special agent training course.
Sec. 536. Study on requirement for unanimous votes for findings in
general and special courts-martial and related milestones for
implementation.
Sec. 537. Study on removal of Sexual Assault Victim Advocates from the
chain of command of victims.
Subtitle E--Accession Standards and Recruitment
Sec. 541. Increased access to potential recruits at secondary schools.
Sec. 542. Modification of limitation on enlistment and induction of
persons whose score on the Armed Forces Qualification Test is
below a prescribed level.
Sec. 543. Increased access to potential recruits at institutions of
higher education.
Sec. 544. Increase in accession bonus for nurse officer candidates.
Sec. 545. Improvements to medical standards for accession to certain
Armed Forces.
Sec. 546. Future servicemember preparatory course.
Sec. 547. Pilot program on cardiac screenings for military accessions.
Sec. 548. Community college Enlisted Training Corps demonstration
program.
Sec. 549. Annual briefings on military recruitment practices in public
secondary schools and community colleges.
Subtitle F--Junior Reserve Officers' Training Corps
Sec. 551. Expansion of Junior Reserve Officers' Training Corps.
Sec. 552. Requirement for memoranda of understanding addressing certain
matters pertaining to units of the Junior Reserve Officers'
Training Corps.
Sec. 553. Junior Reserve Officers' Training Corps administrator and
instructor compensation.
Sec. 554. Prohibition of establishment or maintenance of a unit of the
Junior Reserve Officers' Training Corps at an educational
institution owned, operated, or controlled by the Chinese
Communist Party.
Sec. 555. Enforcement of program requirements for the Junior Reserve
Officers' Training Corps.
Sec. 556. Annual report on allegations of sexual misconduct in Junior
Reserve Officers' Training Corps programs.
Subtitle G--Member Education
Sec. 561. Service Academies: numbers of nominations by Members of
Congress and appointments by the Secretaries of the military
departments.
Sec. 562. Increase in the number of nominees from Guam to the Service
Academies.
Sec. 563. Consideration of standardized test scores in military service
academy application process.
Sec. 564. Service Academy professional sports pathway report and
legislative proposal required.
Sec. 565. Briefing on inclusion of advanced research programs at certain
institutions of professional military education.
Subtitle H--Member Training and Transition
Sec. 571. Amendments to pathways for counseling in the Transition
Assistance Program.
Sec. 572. Skillbridge: staffing; budgeting; outreach; report.
Sec. 573. Extension of Troops-to-Teachers program to the Job Corps.
Sec. 574. Troops-to-Teachers Program: expansion; extension.
Sec. 575. Language training centers for members of the Armed Forces and
civilian employees of the Department of Defense.
Sec. 576. Prohibition on use of Federal funds to endorse critical race
theory.
Sec. 577. Increased fitness standards for Army close combat force
military occupational specialties.
Sec. 578. Publication of training materials of the Defense Equal
Opportunity Management Institute.
Sec. 579. Prohibition on Federal funds for the Department of Defense
Countering Extremism Work Group.
Subtitle I--Family Programs, Child Care, and Dependent Education
Sec. 581. Non-medical counseling services for military families.
Sec. 582. Increase in the target funding level for military child care.
Sec. 583. Modifications to assistance to local educational agencies that
benefit dependents of members of the Armed Forces with
enrollment changes due to base closures, force structure
changes, or force relocations.
Sec. 584. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 585. Outreach campaign relating to waiting lists for military child
development centers; annual briefing.
Sec. 586. Briefings on pilot program on hiring of special needs
inclusion coordinators for Department of Defense child
development centers.
Sec. 587. Briefings on implementation of universal pre-kindergarten
programs in schools operated by the Department of Defense
Education Activity.
Sec. 588. Report on mental health and wellness support for students
enrolled in schools operated by the Department of Defense
Education Activity.
Sec. 589. Rights of parents of children attending schools operated by
the Department of Defense Education Activity.
Subtitle J--Decorations and Awards and Other Personnel Matters, Reports,
and Briefings
Sec. 591. Armed Forces workplace surveys.
Sec. 592. Due date for report on efforts to prevent and respond to
deaths by suicide in the Navy.
Sec. 593. Extension of deadline for review of World War I valor medals.
Sec. 594. Digital ambassador program of the Navy: cessation; report;
restart.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Basic Pay, Retired Pay, and Leave
Sec. 601. Parental leave parity for members of certain reserve
components of the Armed Forces.
Sec. 602. Pay of members of reserve components for inactive-duty
training to obtain or maintain an aeronautical rating or
designation.
Sec. 603. Expansion of authority to pay a member of the Armed Forces who
is absent without leave or over leave for such absence.
Subtitle B--Bonus and Incentive Pays
Sec. 611. Expansion of continuation pay eligibility.
Sec. 612. Modification of special and incentive pay authorities for
members of reserve components.
Sec. 613. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 614. Authorization of monthly bonus pay for a junior member of the
uniformed services during calendar year 2024.
Sec. 615. Determination of cold weather location for purposes of special
duty pay.
Sec. 616. Feasibility study regarding assignment incentive pay for
members of the Air Force assigned to remotely piloted
aircraft.
Subtitle C--Allowances
Sec. 621. Modification of calculation of gross household income for
basic needs allowance to address areas of demonstrated need.
Sec. 622. Improved calculation of basic allowance for housing for junior
enlisted members.
Sec. 623. Basic allowance for housing for members assigned to vessels
undergoing maintenance.
Sec. 624. Dual basic allowance for housing for training.
Sec. 625. Cost-of-living allowance in the continental United States:
high cost areas.
Sec. 626. Family separation allowance: increase; review.
Sec. 627. OCONUS cost-of-living allowance: adjustments.
Sec. 628. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Subtitle D--Family and Survivor Benefits
Sec. 631. Modifications to transitional compensation for dependents of
members separated for dependent abuse.
Sec. 632. Lodging expenses for dependents of members separated for
dependent abuse.
Sec. 633. Access to commissary and exchange privileges for remarried
surviving spouses.
Sec. 634. Assistance for military spouses to obtain certifications as
doulas and International Board Certified Lactation
Consultants.
Sec. 635. Expansion of qualifying events for which a member of the
uniformed services may be reimbursed for spousal relicensing
or business costs due to the member's relocation.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Waiver of cost-sharing for three mental health outpatient
visits for certain beneficiaries under the TRICARE program.
Sec. 702. Extension of period of eligibility for health benefits under
TRICARE Reserve Select for survivors of a member of the
Selected Reserve.
Sec. 703. Expansion of eligibility for hearing aids to include children
of certain retired members of the uniformed services.
Sec. 704. Authority to provide dental care for dependents located at
certain remote or isolated locations.
Sec. 705. Clarification of applicability of required mental health self-
initiated referral process for members of the Selected
Reserve.
Sec. 706. Naloxone and fentanyl: regulations; briefing.
Sec. 707. Authority to expand the TRICARE Competitive Plans
Demonstration Project.
Subtitle B--Health Care Administration
Sec. 711. Modification of requirement to transfer research and
development and public health functions to the Defense Health
Agency.
Sec. 712. Increase in stipend for participants in health professions
scholarship and financial assistance programs.
Sec. 713. Modification of administration of medical malpractice claims
by members of the uniformed services.
Sec. 714. Networks of the Defense Health Agency: delayed implementation;
GAO study.
Sec. 715. Real-time data sharing agreement regarding medical care
provided to members of the Coast Guard.
Sec. 716. Establishment of military pharmaceutical and medical device
vulnerability working group.
Subtitle C--Studies, Briefings, Reports, and Other Matters
Sec. 721. Modification of partnership program for military trauma care
and research.
Sec. 722. Study on opioid alternatives.
Sec. 723. Program of the Department of Defense to study treatment of
certain conditions using certain psychedelic substances.
Sec. 724. Annual report regarding overdoses by certain members of the
Armed Forces.
Sec. 725. Study and report on health conditions of members of the Armed
Forces on active duty developed after administration of COVID-
19 vaccine.
Sec. 726. GAO study on health care available to certain individuals
supporting the missions of United States Forces Japan and
Joint Region Marianas.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Commercial nature determination memo available to contractor.
Sec. 802. Modification of truthful cost or pricing data submissions and
report.
Sec. 803. Prohibition on the transfer of certain data on employees of
the Department of Defense to third parties.
Sec. 804. Prohibition on contracting with persons that have fossil fuel
operations with the Government of the Russian Federation or
the Russian energy sector.
Sec. 805. Prohibition of the Department of Defense procurement related
to entities identified as Chinese military companies operating
in the United States.
Sec. 806. Principal Technology Transition Advisor.
Sec. 807. Senior contracting official for Strategic Capabilities Office.
Sec. 808. Pilot program for the use of innovative intellectual property
strategies.
Sec. 809. Pilot program for anything-as-a-service.
Sec. 810. Updated guidance on planning for exportability features for
future programs.
Sec. 811. Modernizing the Department of Defense requirements process.
Sec. 812. Preventing conflicts of interest for entities that provide
certain consulting services to the Department of Defense.
Sec. 813. Focused commercial solutions openings opportunities.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 820. Amendments to multiyear procurement authority.
Sec. 821. Modification of approval authority for certain follow-on
production contracts or transactions.
Sec. 822. Clarification of other transaction authority for installation
or facility prototyping.
Sec. 823. Extension and revisions to never contract with the enemy.
Sec. 824. Modification and extension of temporary authority to modify
certain contracts and options based on the impacts of
inflation.
Sec. 825. Countering adversary logistics information technologies.
Sec. 826. Modification of contracts and options to provide economic
price adjustments.
Sec. 827. Modifications to earned value management system requirements.
Subtitle C--Domestic Sourcing Requirements
Sec. 831. Emergency acquisition authority for purposes of replenishing
United States stockpiles.
Sec. 832. Requirement for full domestic production of flags of the
United States acquired by the Department of Defense.
Sec. 833. Amendment to requirement to buy certain metals from American
sources.
Sec. 834. Acquisition of sensitive material prohibition exception
amendment.
Sec. 835. Enhanced domestic content requirement for major defense
acquisition programs.
Subtitle D--Provisions Relating to Programs for Accelerating Acquisition
Sec. 841. Pilot program to accelerate contracting and pricing processes.
Sec. 842. Demonstration and prototyping program to advance international
product support capabilities in a contested logistics
environment.
Sec. 843. Special authority for rapid contracting for commanders of
combatant commands.
Subtitle E--Industrial Base Matters
Sec. 851. Additional national security objectives for the national
technology and industrial base.
Sec. 852. Department of Defense Mentor-Protege Program.
Sec. 853. Modifications to the Procurement Technical Assistance Program.
Sec. 854. Modification of effective date for expansion on the
prohibition on acquiring certain metal products.
Sec. 855. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 856. Pilot program to analyze and monitor certain supply chains.
Sec. 857. Department of Defense notification of certain transactions.
Subtitle F--Small Business Matters
Sec. 860. Amendments to defense research and development rapid
innovation program.
Sec. 861. Annual reports regarding the SBIR program of the Department of
Defense.
Sec. 862. Payment of subcontractors.
Sec. 863. Increase in Governmentwide goal for participation in Federal
contracts by small business concerns owned and controlled by
service-disabled veterans.
Sec. 864. Eliminating self-certification for service-disabled veteran-
owned small businesses.
Sec. 865. Consideration of the past performance of affiliate companies
of small business concerns.
Subtitle G--Other Matters
Sec. 871. Extension of mission management pilot program.
Sec. 872. Extension of pilot program to incentivize contracting with
employee-owned businesses.
Sec. 873. Program and processes relating to foreign acquisition.
Sec. 874. Pilot program to incentivize progress payments.
Sec. 875. Study on reducing barriers to acquisition of commercial
products and services.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Conforming amendments to carry out elimination of position of
Chief Management Officer.
Sec. 902. Modification of responsibilities of Director of Cost
Assessment and Program Evaluation.
Sec. 903. Establishment of Office of Strategic Capital.
Sec. 904. Establishment and assignment of roles and responsibilities for
combined joint all-domain command and control in support of
integrated joint warfighting.
Sec. 905. Principal Deputy Assistant Secretaries to support Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Additional requirements under general policy for total force
management.
Sec. 912. Addition of College of International Security Affairs to
National Defense University.
Sec. 913. Codification of the Defense Innovation Unit.
Sec. 914. Repeal of authority to appoint a Naval Research Advisory
Committee.
Sec. 915. Eligibility of members of Space Force for instruction at the
Naval Postgraduate School.
Sec. 916. Membership of the Air Force Reserve Forces Policy Committee.
Sec. 917. Modification of cross-functional team to address emerging
threat relating to anomalous health incidents.
Sec. 918. Technology release and foreign disclosure reform initiative.
Sec. 919. Software-based capability to facilitate scheduling between the
Department of Defense and Congress.
Sec. 920. Metrics to operationalize audit readiness.
Sec. 921. Next generation business health metrics.
Sec. 922. Independent assessment of defense business enterprise
architecture.
Sec. 923. Future force design of the Department of the Air Force.
Sec. 924. Feasibility study on the consolidation or transfer of space
functions of the National Guard to the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Annual report on budget prioritization by Secretary of
Defense and military departments.
Sec. 1003. Additional reporting requirements related to unfunded
priorities of armed forces and combatant commands.
Sec. 1004. Audit requirement for Department of Defense components.
Sec. 1005. Requirement for unqualified opinion on Department of Defense
financial statements.
Subtitle B--Counterdrug Activities
Sec. 1010. Enhanced support for counterdrug activities and activities to
counter transnational organized crime.
Sec. 1011. Modification of support for counterdrug activities and
activities to counter transnational organized crime: increase
in cap for small scale construction projects.
Sec. 1012. Drug interdiction and counter-drug activities.
Sec. 1013. Disruption of fentanyl trafficking.
Subtitle C--Naval Vessels and Shipyards
Sec. 1015. Modifications to annual naval vessel construction plan.
Sec. 1016. Critical components of national sea-based deterrence vessels.
Sec. 1017. Grants for improvement of Navy ship repair or alterations
capability.
Sec. 1018. Repeal of obsolete provision of law regarding vessel
nomenclature.
Sec. 1019. Responsibility of Commandant of the Marine Corps with respect
to naval battle force ship assessment and requirement
reporting.
Sec. 1020. Policy of the United States on shipbuilding defense
industrial base.
Sec. 1021. Prohibition on retirement of certain naval vessels.
Sec. 1022. Authority to use incremental funding to enter into a contract
for the advance procurement and construction of a San Antonio-
class amphibious ship.
Sec. 1023. Authority to use incremental funding to enter into a contract
for the advance procurement and construction of a submarine
tender.
Sec. 1024. Biannual briefings on submarine readiness.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1033. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Limitation on availability of certain funds until submission
of Chairman's Risk Assessment; briefing requirement.
Sec. 1042. Assistance in support of Department of Defense accounting for
missing United States Government personnel.
Sec. 1043. Implementation of arrangements to build transparency,
confidence, and security.
Sec. 1044. Modification to definitions of Confucius Institute.
Sec. 1045. Termination of authority to issue waiver of limitation on use
of funds to institutions of higher education hosting Confucius
Institutes.
Sec. 1046. Vetting procedures and monitoring requirements for allies and
partners participating in education or training activities in
the United States.
Sec. 1047. Authority to include funding requests for the chemical and
biological defense program in budget accounts of military
departments.
Sec. 1048. Limitation on availability of funds until delivery of report
on next generation tactical communications.
Sec. 1049. Establishment of procedure of the Department of Defense to
determine certain complaints or requests regarding public
displays or public expressions of religion on property of the
Department.
Sec. 1050. Limitation on availability of funds for destruction of
landmines.
Sec. 1051. Limitation on availability of funds for travel expenses of
Office of the Secretary of Defense until submission of certain
plans.
Sec. 1052. Prohibition on display of unapproved flags.
Sec. 1053. Collaboration with partner countries to develop and maintain
military-wide transformational strategies for operational
energy.
Sec. 1054. Student loan deferment for dislocated military spouses.
Subtitle F--Studies and Reports
Sec. 1061. Modifications of reporting requirements.
Sec. 1062. Extension of requirement to submit a report on Department of
Defense support for Department of Homeland Security at the
international borders of the United States.
Sec. 1063. Briefing on Defense POW/MIA Accounting Agency capabilities
required to expand accounting for persons missing from
designated past conflicts.
Sec. 1064. Air Force plan for maintaining proficient aircrews in certain
mission areas.
Sec. 1065. Independent study on naval mine warfare.
Sec. 1066. Annual report and briefing on implementation of Force Design
2030.
Sec. 1067. Study and report on potential inclusion of black box data
recorders in tactical vehicles.
Sec. 1068. Plan on countering human trafficking.
Sec. 1069. Update to strategic plan on Department of Defense combating
trafficking in persons program.
Sec. 1070. Report on use of tactical fighter aircraft for deployments
and homeland defense missions.
Sec. 1071. Report on equipping certain ground combat units with small
unmanned aerial systems.
Sec. 1072. Biannual briefings on homeland defense planning.
Sec. 1073. Report on effectiveness of current use of United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1074. Holistic training range assessment.
Sec. 1075. Special operations force structure.
Sec. 1076. Comprehensive assessment of Marine Corps Force Design 2030.
Sec. 1077. Assessment and recommendations relating to infrastructure,
capacity, resources, and personnel on Guam.
Sec. 1078. Feasibility study on conversion of Joint Task Force North
into Joint Interagency Task Force North.
Subtitle G--Other Matters
Sec. 1080. Modification of definition of domestic source for title III
of the Defense Production Act of 1950.
Sec. 1081. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for oversight
purposes.
Sec. 1082. Modification of compensation for members of the Afghanistan
War Commission.
Sec. 1083. Senate National Security Working Group.
Sec. 1084. Tribal liaisons at military installations.
Sec. 1085. Commercial integration cell plan within certain combatant
commands.
Sec. 1086. Guidance for use of unmanned aircraft systems by National
Guard.
Sec. 1087. Public disclosure of Afghanistan war records.
Sec. 1088. Implementation plan for Joint Concept for Competing.
Sec. 1089. Notification of safety and security concerns at certain
Department of Defense laboratories.
Sec. 1090. Conduct of weather reconnaissance in the United States.
Sec. 1091. Sense of Congress regarding authority of Secretary of Defense
with respect to irregular warfare.
Sec. 1092. Red Hill health impacts.
TITLE XI--CIVILIAN PERSONNEL
Sec. 1101. Diversity, equity, and inclusion personnel grade cap.
Sec. 1102. Authorization to pay a living quarters allowance for
Department of the Navy civilian employees assigned to
permanent duty in Guam for performing work, or supporting work
being performed, aboard or dockside, of U.S. naval vessels.
Sec. 1103. Consolidation of direct hire authorities for candidates with
specified degrees at science and technology reinvention
laboratories.
Sec. 1104. Direct hire authority for certain personnel of the Department
of Defense.
Sec. 1105. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. Extension of authority to grant competitive status to
employees of inspectors general for overseas contingency
operations.
Sec. 1107. Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test Facilities Base.
Sec. 1108. Exclusion of nonappropriated fund employees from limitations
on dual pay.
Sec. 1109. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1110. Modification to shore leave accrual for crews of vessels to
support crew rotations and improve retention of civilian
mariners.
Sec. 1111. Assessments of staffing in Office of the Under Secretary of
Defense for Personnel and Readiness.
Sec. 1112. Military Spouse Employment Act.
Sec. 1113. Amendments to the John S. McCain Strategic Defense Fellows
Program.
Sec. 1114. Including military service in determining family and medical
leave eligibility for Federal employees.
Sec. 1115. Exception to limitation on number of Senior Executive Service
positions for the Department of Defense.
Sec. 1116. Extension of direct hire authority for the Department of
Defense for post-secondary students and recent graduates.
Sec. 1117. Authority to employ civilian faculty members at Space Force
schools.
Sec. 1118. Report and sunset relating to inapplicability of
certification of executive qualifications by qualification
review boards of Office of Personnel Management.
Sec. 1119. Expansion of noncompetitive appointment eligibility to
spouses of Department of Defense civilians.
Sec. 1120. Elimination of Government Accountability Office review
requirement relating to Department of Defense personnel
authorities.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification of support of special operations for irregular
warfare.
Sec. 1202. Modification of combatant commander initiative fund.
Sec. 1203. Increase in small-scale construction limit and modification
of authority to build capacity.
Sec. 1204. Modifications to security cooperation workforce development
program and establishment of defense security cooperation
university.
Sec. 1205. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1206. Extension of cross-servicing agreements for loan of personnel
protection and personnel survivability equipment in coalition
operations.
Sec. 1207. Modification of authority to provide support to certain
governments for border security operations.
Sec. 1208. Extension of legal institutional capacity building initiative
for foreign defense institutions.
Sec. 1209. Report on ex gratia payments.
Sec. 1210. Authority to provide mission training through distributed
simulation.
Sec. 1211. Requirement for military exercises.
Subtitle B--Matters Relating to Other Authorities of the Department of
Defense
Sec. 1221. Modification of authority for expenditure of funds for
clandestine activities that support operational preparation of
the environment and non-conventional assisted recovery
capabilities.
Sec. 1222. Modification to the American, British, Canadian, and
Australian armies' program.
Sec. 1223. First modification of initiative to support protection of
national security academic researchers from undue influence
and other security threats.
Sec. 1224. Second modification of initiative to support protection of
national security academic researchers from undue influence
and other security threats.
Sec. 1225. Extension of authority for Department of Defense support for
stabilization activities in national security interest of the
United States.
Sec. 1226. Modification of Defense Operational Resilience International
Cooperation Pilot Program.
Sec. 1227. Extension of prohibition on in-flight refueling to non-United
States aircraft that engage in hostilities in the ongoing
civil war in Yemen.
Sec. 1228. Limitation on availability of funds for International
Security Cooperation Program.
Sec. 1229. Protection and legal preparedness for members of the Armed
Forces abroad.
Sec. 1230. Report on hostilities involving United States Armed Forces.
Sec. 1231. Congressional notification regarding the Global Engagement
Center.
Subtitle C--Matters Relating to Ukraine, Russia, and NATO
Sec. 1241. Extension of Ukraine Security Assistance Initiative.
Sec. 1242. Extension and modification of certain temporary
authorizations related to munitions replacement.
Sec. 1243. Report relating to allied and partner support to Ukraine.
Sec. 1244. Extension of prohibition on availability of funds relating to
sovereignty of the Russian Federation over internationally
recognized territory of Ukraine.
Sec. 1245. Study and report on lessons learned regarding information
operations and deterrence.
Sec. 1246. Prohibition on New START treaty information sharing.
Sec. 1247. Black Sea security and development strategy.
Sec. 1248. Revival of authority for participation of NATO naval
personnel in submarine safety programs.
Sec. 1249. Extension and modification of training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1250. U.S. basing, training, and exercises in North Atlantic Treaty
Organization member countries.
Sec. 1250A. Limitation on withdrawal from the North Atlantic Treaty
Organization.
Sec. 1250B. Oversight of programs and operations funded with amounts
appropriated by the United States for Ukraine.
Subtitle D--Matters Relating to Israel
Sec. 1251. Euro-NATO Joint Jet Pilot Training Program.
Sec. 1252. Extension of United States-Israel anti-tunnel cooperation.
Sec. 1253. Improvements relating to United States-Israel cooperation to
counter unmanned aerial systems.
Sec. 1254. Modification of authority for cooperation on directed energy
capabilities.
Sec. 1255. Ensuring peace through strength in Israel.
Sec. 1256. Assistance to Israel for aerial refueling.
Sec. 1257. Rules governing transfer of aerial refueling tankers to
Israel.
Sec. 1258. Report.
Subtitle E--Matters Relating to Syria, Iraq, Iran, and Afghanistan
Sec. 1261. Middle East integrated maritime domain awareness and
interdiction capability.
Sec. 1262. Modification of establishment of coordinator for detained
ISIS members and relevant populations in Syria.
Sec. 1263. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1264. Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1265. Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq.
Sec. 1266. Plan of action to equip and train Iraqi security forces and
Kurdish Peshmerga forces.
Sec. 1267. Prohibition on transfers to the Badr Organization.
Sec. 1268. Extension and modification of annual report on military power
of Iran.
Sec. 1269. Modification and update to report on military capabilities of
Iran and related activities.
Sec. 1270. Prohibition on funds to Iran.
Sec. 1271. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Sec. 1272. Prohibition on funding for the Taliban.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to the Indo-Pacific Region
Sec. 1301. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Sec. 1302. Extension of Pacific Deterrence Initiative and report,
briefings, and plan under the Initiative.
Sec. 1303. Modification of pilot program to develop young civilian
defense leaders in the Indo-Pacific region.
Sec. 1304. Indo-Pacific campaigning initiative.
Sec. 1305. Indo-Pacific Maritime Domain Awareness Initiative.
Sec. 1306. Limitation on availability of funds pending feasibility study
regarding delivery of harpoon missiles to foreign security
partners.
Sec. 1307. Sense of Congress on Taiwan defense relations.
Sec. 1308. Oversight of Taiwan Enhanced Resilience Act.
Sec. 1309. Training, advising, and institutional capacity-building
program for military forces of Taiwan.
Sec. 1310. Prohibition on use of funds to support entertainment projects
with ties to the Government of the People's Republic of China.
Sec. 1311. Determination on involvement of the People's Republic of
China in the Mexican fentanyl trade.
Sec. 1312. Analysis of certain biotechnology entities.
Sec. 1313. Studies on defense budget transparency of the People's
Republic of China and the United States.
Sec. 1314. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1315. Extension and modification of pilot program to improve cyber
cooperation with foreign military partners in Southeast Asia.
Sec. 1316. Enhancing major defense partnership with India.
Sec. 1317. Report on enhanced security cooperation with Japan.
Sec. 1318. Report and notification relating to transfer of operational
control on Korean Peninsula.
Sec. 1319. Study and report on command structure and force posture of
United States Armed Forces in the Indo-Pacific region.
Subtitle B--Matters Relating to the AUKUS Partnership
Sec. 1321. Definitions.
Part 1--Administrative Provisions
Sec. 1331. AUKUS partnership oversight and accountability framework.
Sec. 1332. Designation of senior official for Department of Defense
activities relating to, and implementation plan for, the AUKUS
partnership.
Sec. 1333. Reporting related to the AUKUS partnership.
Part 2--Streamlining and Protecting Transfers of United States Military
Technology From Compromise
Sec. 1341. Priority for Australia and the United Kingdom in Foreign
Military Sales and Direct Commercial Sales.
Sec. 1342. Identification and pre-clearance of platforms, technologies,
and equipment for sale to Australia and the United Kingdom
through Foreign Military Sales and Direct Commercial Sales.
Sec. 1343. Export control exemptions and standards.
Sec. 1344. Expedited review of export licenses for exports of advanced
technologies to Australia, the United Kingdom, and Canada.
Sec. 1345. United States Munitions List.
Part 3--AUKUS Submarine Transfer Authorization Act
Sec. 1351. Short title.
Sec. 1352. Authorization of sales of Virginia Class submarines to
Australia.
Sec. 1353. Acceptance of contributions in support of Australia, United
Kingdom, and United States submarine security activities.
Sec. 1354. Appropriate congressional committees and leadership defined.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Improvements to Strategic and Critical Materials Stock
Piling Act.
Sec. 1412. Authority to dispose of materials from the National Defense
Stockpile.
Sec. 1413. Beginning balances of the National Defense Stockpile
Transaction Fund for audit purposes.
Sec. 1414. Critical mineral independence.
Subtitle C--Other Matters
Sec. 1421. Modification of leasing authority of Armed Forces Retirement
Home.
Sec. 1422. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1423. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Cyber Operations
Sec. 1501. Performance metrics for pilot program on sharing cyber
capabilities and related information with foreign operational
partners.
Sec. 1502. Harmonization and clarification of Strategic Cybersecurity
Program and related matters.
Sec. 1503. Modification of authority to use operation and maintenance
funds for cyber operations-peculiar capability development
projects.
Sec. 1504. Quarterly briefings on joint all domain command and control
effort.
Sec. 1505. Authority for countering illegal trafficking by Mexican
transnational criminal organizations in cyberspace.
Sec. 1506. Development of cyber support mechanisms for geographic
combatant commands.
Sec. 1507. Review and plan relating to cyber red teams of Department of
Defense.
Subtitle B--Cybersecurity
Sec. 1511. Responsibility for cybersecurity and critical infrastructure
protection of defense industrial base.
Sec. 1512. Cybersecurity enhancements for nuclear command, control, and
communications network.
Sec. 1513. Pilot program relating to semiconductor supply chain and
Cybersecurity Collaboration Center.
Sec. 1514. Transfer of data and technology developed under MOSAICS
program.
Sec. 1515. Modernization program for network boundary and cross-domain
defense.
Sec. 1516. Establishment of certain identity, credential, and access
management activities as program of record.
Sec. 1517. Pilot program on assuring critical infrastructure support for
military contingencies.
Sec. 1518. Military cybersecurity cooperation with Taiwan.
Sec. 1519. Guidance regarding securing laboratories of the Armed Forces.
Subtitle C--Information Technology and Data Management
Sec. 1521. Control and management of Department of Defense data;
establishment of Chief Digital and Artificial Intelligence
Officer Governing Council.
Sec. 1522. Modification to Department of Defense enterprise-wide
procurement of cyber data products and services.
Sec. 1523. Management of data assets by Chief Digital and Artificial
Intelligence Officer.
Sec. 1524. Course of education and pilot program on authentication of
digital content provenance for certain Department of Defense
media content.
Sec. 1525. Prize competitions for business systems modernization.
Sec. 1526. Requirements for deployment of fifth generation information
and communications capabilities to military installations and
other Department facilities.
Sec. 1527. Required policies to establish datalink strategy of
Department of Defense.
Subtitle D--Personnel
Sec. 1531. Office for academic engagement relating to cyber activities.
Sec. 1532. Selected Reserve order to active duty to respond to a
significant cyber incident.
Sec. 1533. Post-graduate employment of Department of Defense Cyber
Service Academy scholarship recipients in intelligence
community.
Sec. 1534. Minimum number of scholarships to be awarded annually through
Department of Defense Cyber Service Academy.
Sec. 1535. Pilot program and other measures to enhance readiness and
effectiveness of Cyber Mission Force.
Sec. 1536. Authority to conduct pilot program on Civilian Cybersecurity
Reserve.
Sec. 1537. Requirements for implementation of user activity monitoring
for certain personnel.
Sec. 1538. Study on occupational resiliency of Cyber Mission Force.
Subtitle E--Artificial Intelligence
Sec. 1541. Modification to acquisition authority of senior official with
principal responsibility for artificial intelligence and
machine learning.
Sec. 1542. Artificial intelligence bug bounty programs.
Sec. 1543. Prize competition for technology that detects and watermarks
use of generative artificial intelligence.
Sec. 1544. Plans, strategies, and other matters relating to artificial
intelligence.
Sec. 1545. Study to analyze vulnerability for artificial intelligence-
enabled military applications.
Subtitle F--Reports and Other Matters
Sec. 1551. Limitation on availability of funds for travel for Office of
Under Secretary of Defense for Personnel and Readiness pending
strategy relating to Defense Travel System.
Sec. 1552. Management by Department of Defense of mobile applications.
Sec. 1553. Report on Department of Defense Enterprise capabilities for
cybersecurity.
Sec. 1554. Report on technology modernization for Army Human Resources
Command 2030 Transformation Plan.
Sec. 1555. Certification requirement regarding contracting for military
recruiting.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Delegation of certain authority of explosive safety board.
Sec. 1602. Classification review of space major defense acquisition
programs.
Sec. 1603. Enhanced authority to increase space launch capacity through
space launch support services.
Sec. 1604. Principal Military Deputy for Space Acquisition and
Integration.
Sec. 1605. Modification to updates of space policy review.
Sec. 1606. Authorization for establishment of the National Space
Intelligence Center as a field operating agency.
Sec. 1607. Initial operational capability for Advanced Tracking and
Launch Analysis System and requirements for system-level
review.
Sec. 1608. Use of middle tier acquisition program for proliferated
warfighter space architecture of the Space Development Agency.
Sec. 1609. Process and plan for Space Force space situational awareness.
Sec. 1610. Plan to improve threat-sharing arrangements with commercial
space operators.
Sec. 1611. Plan for an integrated and resilient satellite communications
architecture for the Space Force.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Military intelligence collection and analysis partnerships.
Subtitle C--Nuclear Forces
Sec. 1631. Establishment of major force program for nuclear command,
control, and communications programs.
Sec. 1632. Technical amendment to additional report matters on strategic
delivery systems.
Sec. 1633. Amendment to annual report on the plan for the nuclear
weapons stockpile, nuclear weapons complex, nuclear weapons
delivery systems, and nuclear weapons command and control
systems.
Sec. 1634. Matters relating to the acquisition and deployment of the
Sentinel intercontinental ballistic missile weapon system.
Sec. 1635. Tasking and oversight authority with respect to
intercontinental ballistic missile site activation task force
for Sentinel Program.
Sec. 1636. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
Sec. 1637. Repeal of requirement for review of nuclear deterrence
postures.
Sec. 1638. Retention of capability to redeploy multiple independently
targetable reentry vehicles.
Sec. 1639. Authorization to establish technology transition program for
strategic nuclear deterrence.
Sec. 1640. Matters relating to the nuclear-armed, sea-launched cruise
missile.
Sec. 1641. Requirements relating to operational silos for the Sentinel
intercontinental ballistic missile.
Sec. 1642. Long-term sustainment of Sentinel ICBM guidance system.
Sec. 1643. Integrated master schedule for the Sentinel missile program
of the Air Force.
Sec. 1644. Operational timeline for Strategic Automated Command and
Control System.
Sec. 1645. Pilot program on development of reentry vehicles and related
systems.
Sec. 1646. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1647. Limitation on availability of funds pending compliance with
information requests from the Government Accountability
Office.
Sec. 1648. Congressional notification of decision to delay strategic
delivery system test event.
Sec. 1649. Congressional notification of nuclear cooperation between
Russia and China.
Sec. 1650. Plan for decreasing the time to upload additional warheads to
the intercontinental ballistic missile fleet.
Subtitle D--Missile Defense Programs
Sec. 1661. Deputy Director of Office of Missile Defense Agency.
Sec. 1662. Modification of program accountability matrices requirements
for next generation interceptors for missile defense.
Sec. 1663. National missile defense policy.
Sec. 1664. Modification of requirement for Comptroller General to review
and assess missile defense acquisition programs.
Sec. 1665. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1666. Programs to achieve initial and full operational capabilities
for the Glide Phase Interceptor program.
Sec. 1667. Rescission of memorandum on missile defense governance.
Sec. 1668. Limitation on availability of funds for Office of Cost
Assessment and Program Evaluation until submission of report
on missile defense roles and responsibilities.
Sec. 1669. Strategy for integrated air and missile defense of Hawaii and
the Indo-Pacific region.
Sec. 1670. Report on potential enhancements to integrated air and
missile defense capabilities in Europe.
Sec. 1671. Independent analysis of space-based missile defense
capability.
Subtitle E--Other Matters
Sec. 1681. Extension of authorization for protection of certain
facilities and assets from unmanned aircraft.
Sec. 1682. Electromagnetic warfare.
Sec. 1683. Cooperative threat reduction funds.
Sec. 1684. Matters relating to space-based ground and airborne moving
target indication systems.
Sec. 1685. Positioning, navigation, and timing.
Sec. 1686. Actions to address serious deficiencies in electronic
protection of systems that operate in the radio frequency
spectrum.
Sec. 1687. Limitation on use of funds for certain unreported programs.
Sec. 1688. Indo-Pacific missile strategy.
Sec. 1689. Study on the future of the Integrated Tactical Warning Attack
Assessment System.
Sec. 1690. Research and analysis on multipolar deterrence and escalation
dynamics.
TITLE XVII--SPACE FORCE PERSONNEL MANAGEMENT
Sec. 1701. Short title.
Subtitle A--Space Force Military Personnel System Without Component
Sec. 1711. Establishment of military personnel management system for the
Space Force.
Sec. 1712. Composition of the Space Force without component.
Sec. 1713. Definitions for single personnel management system for the
Space Force.
Sec. 1714. Basic policies relating to service in the Space Force.
Sec. 1715. Status and participation.
Sec. 1716. Officers.
Sec. 1717. Enlisted members.
Sec. 1718. Retention and separation generally.
Sec. 1719. Separation of officers for substandard performance of duty or
for certain other reasons.
Sec. 1719A. Retirement.
Subtitle B--Conforming Amendments Related to Space Force Military
Personnel System
Sec. 1721. Amendments to Department of the Air Force provisions of title
10, United States Code.
Sec. 1722. Amendments to subtitle A of title 10, United States Code.
Sec. 1723. Title 38, United States Code (Veterans' Benefits).
Subtitle C--Transition Provisions
Sec. 1731. Transition period.
Sec. 1732. Change of duty status of members of the Space Force.
Sec. 1733. Transfer to the Space Force of members of the reserve
components of the Air Force.
Sec. 1734. Placement of officers on the Space Force officer list.
Sec. 1735. Disestablishment of Regular Space Force.
Sec. 1736. End strength flexibility.
Sec. 1737. Promotion authority flexibility.
Subtitle D--Other Amendments Related to the Space Force
Sec. 1741. Title 10, United States Code.
Sec. 1742. Other provisions of law.
TITLE XVIII--OTHER DEFENSE MATTERS
Subtitle A--Other Defense Matters
Sec. 1801. Technical and conforming amendments.
Sec. 1802. Extension of authority to engage in certain commercial
activities.
Sec. 1803. Modification to requirements relating to combating military
reliance on Russian energy.
Sec. 1804. U.S. Hostage and Wrongful Detainee Day Act of 2023.
Sec. 1805. Improvements to Department of Veterans Affairs-Department of
Defense Joint Executive Committee.
Sec. 1806. Access to and use of military post offices by United States
citizens employed overseas by the North Atlantic Treaty
Organization who perform functions in support of military
operations of the Armed Forces.
Sec. 1807. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H-2B
workers.
Sec. 1808. Support for execution of bilateral agreements concerning
illicit transnational maritime activity in Africa.
Sec. 1809. National Cold War Center designation.
Sec. 1810. Revision of requirement for transfer of certain aircraft to
State of California for wildfire suppression purposes.
Sec. 1811. Limitation on funds for Wuhan Institute of Virology and
EcoHealth Alliance, Inc.
Subtitle B--Drone Security
Sec. 1821. Short title.
Sec. 1822. Definitions.
Sec. 1823. Prohibition on procurement of covered unmanned aircraft
systems from covered foreign entities.
Sec. 1824. Prohibition on operation of covered unmanned aircraft systems
from covered foreign entities.
Sec. 1825. Prohibition on use of Federal funds for procurement and
operation of covered unmanned aircraft systems from covered
foreign entities.
Sec. 1826. Prohibition on use of Government-issued purchase cards to
purchase covered unmanned aircraft systems from covered
foreign entities.
Sec. 1827. Management of existing inventories of covered unmanned
aircraft systems from covered foreign entities.
Sec. 1828. Comptroller General report.
Sec. 1829. Government-wide policy for procurement of unmanned aircraft
systems.
Sec. 1830. State, local, and territorial law enforcement and emergency
service exemption.
Sec. 1831. Study.
Sec. 1832. Exceptions.
Sec. 1833. Sunset.
Subtitle C--Unidentified Anomalous Phenomena
Sec. 1841. Unidentified anomalous phenomena records collection at the
National Archives and Records Administration.
Sec. 1842. Review, identification, transmission to the National
Archives, and public disclosure of unidentified anomalous
phenomena records by government offices.
Sec. 1843. Grounds for postponement of public disclosure of unidentified
anomalous phenomena records.
Subtitle D--World Trade Center Health Program
Sec. 1851. Flexibility and funding for the World Trade Center Health
Program.
Sec. 1852. Extension of certain direct spending reductions.
Sec. 1853. Medicare improvement fund.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to use cash payments in special
account from land conveyance, Natick Soldier Systems Center,
Massachusetts.
Sec. 2105. Extension of authority to carry out fiscal year 2018 project
at Kunsan Air Base, Korea.
Sec. 2106. Extension of authority to carry out certain fiscal year 2019
Army military construction projects.
Sec. 2107. Extension of authority to carry out certain fiscal year 2021
Army military construction projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2019
Navy military construction projects.
Sec. 2205. Extension of authority to carry out certain fiscal year 2021
Navy military construction projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017
Air Force military construction projects.
Sec. 2305. Extension of authority to carry out certain fiscal year 2018
Air Force military construction projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2019
Air Force military construction projects.
Sec. 2307. Extension of authority to carry out fiscal year 2021 Air
Force military construction projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
Defense Agencies military construction projects.
Sec. 2405. Extension and modification of authority to carry out certain
fiscal year 2019 Defense Agencies military construction
projects.
Sec. 2406. Extension of authority to carry out fiscal year 2021 project
at Defense Fuel Support Point Tsurumi, Japan.
Sec. 2407. Extension of authority to carry out certain fiscal year 2021
Energy Resilience and Conservation Investment projects.
Sec. 2408. Authority to carry out military construction projects to
improve certain fiscal year 2022 utility systems.
Sec. 2409. Additional authority to carry out certain military
construction projects to improve certain fiscal year 2023
utility systems.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out fiscal year 2018 project
at Hulman Regional Airport, Indiana.
Sec. 2608. Extension of authority to carry out fiscal year 2019 project
at Francis S. Gabreski Airport, New York.
Sec. 2609. Extension of authority to carry out certain fiscal year 2021
National Guard and Reserve military construction projects.
Sec. 2610. Modification of authority to carry out fiscal year 2023
project at Camp Pendleton, California.
Sec. 2611. Authority to conduct restoration and modernization projects
at the First City Troop Readiness Center in Philadelphia,
Pennsylvania.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Programs
Sec. 2801. Modifications to Defense Community Infrastructure Program.
Sec. 2802. Modification to authority for unspecified minor
construction.
Sec. 2803. Application of dollar limitations for unspecified minor
military construction projects to locations outside the United
States.
Sec. 2804. Increase to amount of certain funds for military installation
resilience projects.
Sec. 2805. Authority for certain construction projects in friendly
foreign countries.
Sec. 2806. Temporary expansion of authority for use of one-step turn-key
procedures for repair projects.
Sec. 2807. Authorization of cost-plus incentive-fee contracting for
military construction projects to mitigate risk to the
Sentinel program schedule and cost.
Sec. 2808. Inclusion on Department of Defense Form 1391 of information
on consideration of certain methods of construction for
certain military construction projects.
Sec. 2809. Incorporation of cybersecurity supply chain risk management
tools and methods.
Sec. 2810. Authority for Indo-Pacific posture unspecified minor military
construction projects.
Sec. 2811. Authority to conduct energy resilience and conservation
projects at installations at which certain energy projects
have occurred.
Subtitle B--Military Housing Reforms
Sec. 2821. Establishment of the Military Family Readiness Working Group
for Military Housing.
Sec. 2822. Improvements to privatized military housing.
Sec. 2823. Notification relating to legal counsel for nondisclosure
agreements.
Sec. 2824. Inclusion of questions regarding military housing for members
of the Armed Forces in status of forces survey.
Sec. 2825. Implementation of Comptroller General recommendations
relating to strengthening oversight of privatized military
housing.
Subtitle C--Covered Military Unaccompanied Housing Reforms
Sec. 2831. Design standards for covered military unaccompanied housing.
Sec. 2832. Establishment of standards for habitability of covered
military unaccompanied housing.
Sec. 2833. Modification of procedures for issuance of waivers of covered
privacy and configuration standards; temporary biannual
briefing.
Sec. 2834. Certification of habitability of covered military
unaccompanied housing.
Sec. 2835. Pilot program for military construction projects to replace
certain covered military unaccompanied housing facilities.
Sec. 2836. Establishment of civilian employees for oversight of covered
military unaccompanied housing.
Sec. 2837. Maintenance work order management process for covered
military unaccompanied housing.
Sec. 2838. Uniform index for evaluating the condition of covered
military unaccompanied housing facilities.
Sec. 2839. Annual reports on the condition of covered military
unaccompanied housing.
Sec. 2840. Submission of temporary housing support certification to
Members of Congress.
Sec. 2841. Elimination of flexibilities for construction standards for
covered military unaccompanied housing.
Subtitle D--Real Property and Facilities Administration
Sec. 2851. Guidance on Department of Defense-wide standards for access
to military installations.
Sec. 2852. Authority to make grants for security and fire protection for
former Army and Navy General Hospital, Hot Springs National
Park, Hot Springs, Arkansas; briefing.
Sec. 2853. Plan and report on critical infrastructure systems at
military installations.
Sec. 2854. Closure and disposal of the Pueblo Chemical Depot, Pueblo
County, Colorado.
Sec. 2855. Limitation on authority to modify or restrict public access
to Greenbury Point Conservation Area at Naval Support Activity
Annapolis, Maryland.
Sec. 2856. Authorization for the Secretary of the Navy to resolve the
electrical utility operations at Former Naval Air Station
Barbers Point, Hawaii.
Sec. 2857. Inclusion of military installation resilience in real
property management and installation master planning of
Department.
Sec. 2858. Modification of authority to relocate Joint Spectrum Center
to Fort Meade, Maryland.
Subtitle E--Land Conveyances
Sec. 2861. Extension of sunset for land conveyance, Sharpe Army Depot,
Lathrop, California.
Sec. 2862. Clarification of authority of Department of Defense to
conduct certain military activities at Nevada test and
training range.
Sec. 2863. Extensions, additions, and revisions to the Military Lands
Withdrawal Act of 1999 relating to the Barry M. Goldwater
Range, Arizona.
Sec. 2864. Land acquisition, Westmoreland State Park, Virginia.
Sec. 2865. Land conveyance, Naval Weapons Station Earle, New Jersey.
Sec. 2866. Land Conveyance, Paine Field Air National Guard Station,
Everett, Snohomish County, Washington.
Sec. 2867. Land conveyance, Wetzel County Memorial Army Reserve Center,
New Martinsville, West Virginia.
Sec. 2868. Land conveyance, BG J Sumner Jones Army Reserve Center,
Wheeling, West Virginia.
Subtitle F--Pilot Programs and Reports
Sec. 2871. Modification of pilot program on increased use of sustainable
building materials in military construction.
Sec. 2872. Modification of pilot program on establishment of account for
reimbursement for use of testing facilities at installations
of the Department of the Air Force.
Sec. 2873. Pilot program to provide air purification technology in
covered military housing.
Sec. 2874. Joint Housing Requirements and Market Analysis for certain
military installations in Hawaii.
Sec. 2875. Quarterly briefings on military construction related to the
Sentinel intercontinental ballistic missile weapon system
program.
Subtitle G--Other Matters
Sec. 2881. Increase of limitation on fee for architectural and
engineering services procured by military departments.
Sec. 2882. Development and operation of Marine Corps Heritage Center and
National Museum of the Marine Corps.
Sec. 2883. Technical corrections.
Sec. 2884. Modification of authority of Secretary of the Army to enter
into cooperative agreements relating to access and management
of Air Force Memorial.
Sec. 2885. Designation of National Museum of the Mighty Eighth Air
Force.
Sec. 2886. Continuing education curriculum on use of innovative products
for military construction projects.
Sec. 2887. Guidance on encroachment that affects covered sites.
Sec. 2888. Extension and modification of annual updates to master plans
and investment strategies for Army ammunition plants.
Sec. 2889. Limitation on use of funds for United States Space Command
Headquarters.
Sec. 2890. Plan for use of excess construction materials on southwest
border.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Transfer of cybersecurity responsibilities to Administrator
for Nuclear Security.
Sec. 3112. Redesignating duties related to departmental radiological and
nuclear incident responses.
Sec. 3113. Cybersecurity Risk Inventory, Assessment, and Mitigation
Working Group.
Sec. 3114. Modification of authority to establish certain contracting,
program management, scientific, engineering, and technical
positions.
Sec. 3115. Criminal penalties for interference with the transport of
special nuclear materials, nuclear weapons components, or
restricted data.
Sec. 3116. Prohibition on expansion of Advanced Recovery and Integrated
Extraction System pending achievement of 30 pit-per-year base
capability.
Sec. 3117. Plutonium Modernization Program management.
Sec. 3118. Modification of certain requirements and authorities relating
to the removal or security of fissile materials, radiological
materials, and related equipment at vulnerable sites
worldwide.
Sec. 3119. Extension of briefing and reporting requirements for certain
National Nuclear Security Administration contracts.
Sec. 3120. Modification of minor construction threshold for plant
projects.
Sec. 3121. Modifications relating to unfunded priorities of the National
Nuclear Security Administration.
Sec. 3122. Limitation on establishing an enduring bioassurance program
within the National Nuclear Security Administration.
Sec. 3123. Modification of reporting requirements for uranium
capabilities replacement project.
Sec. 3124. Prohibition on availability of funds for naval nuclear fuel
systems based on low-enriched uranium.
Sec. 3125. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3126. Limitation on availability of funds pending submittal of
spend plan for development of sea-launched cruise missile
warhead.
Sec. 3127. Deadlines for commencement of operations of certain atomic
energy replacement projects.
Sec. 3128. Integrated schedule for future-years nuclear security
program.
Subtitle C--Other Matters
Sec. 3131. U.S. nuclear fuel security initiative.
Sec. 3132. Updated financial integration policy.
Sec. 3133. Plan for domestic enrichment capability to satisfy Department
of Defense uranium requirements.
Sec. 3134. Briefings on implementation of enhanced mission delivery
initiative.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for Maritime Administration.
Subtitle B--Maritime Infrastructure
Sec. 3511. Port infrastructure development program eligible projects.
Sec. 3512. Assistance for small inland river and coastal ports and
terminals.
Sec. 3513. Port infrastructure development program: eligibility of shore
power projects; selection criteria.
Sec. 3514. Codification of existing language; technical amendments.
Subtitle C--Reports
Sec. 3521. Reports on maritime industry, policies, and programs.
Sec. 3522. Reports on availability of used sealift vessels and the
scrapping and recycling of imported vessels.
Sec. 3523. Study on foreign ownership and control of marine terminals.
Sec. 3524. Reports to Congress.
Subtitle D--Other Matters
Sec. 3531. Cargoes procured, furnished, or financed by the United States
Government.
Sec. 3532. Recapitalization of National Defense Reserve Fleet.
Sec. 3533. United States Merchant Marine Academy and Coast Guard Academy
matters; Maritime Administration requirements.
Sec. 3534. Maritime workforce working group.
Sec. 3535. Consideration of life-cycle cost estimates for acquisition
and procurement of vessels.
Sec. 3536. Loans for retrofitting to qualify as a vessel of the United
States.
Sec. 3537. Accountability for National Maritime Strategy.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--OTHER MATTERS
TITLE L--VETERANS AFFAIRS MATTERS
Sec. 5001. Adjustment of threshold amount for minor medical facility
projects of Department of Veterans Affairs.
Sec. 5002. Grave markers at Santa Fe National Cemetery, New Mexico.
Sec. 5003. Improving processing by Department of Veterans Affairs of
disability claims for post-traumatic stress disorder through
improved training.
TITLE LI--JUDICIARY MATTERS
Sec. 5101. Prohibition of demand for bribe.
Sec. 5102. Preventing child sex abuse.
Sec. 5103. Recognition as corporation and grant of Federal charter for
National American Indian Veterans, Incorporated.
Sec. 5104. Visa availability for government employee immigrant visa
program.
TITLE LII--OVERSIGHT AND ACCOUNTABILITY MATTERS
Sec. 5201. Establishment of higher rates of regularly scheduled overtime
pay for United States Border Patrol agents classified at GS-
12.
TITLE LIII--FEDERAL DATA AND INFORMATION SECURITY
Sec. 5301. Short title.
Sec. 5302. Federal Data Center Consolidation Initiative amendments.
TITLE LIV--FOREIGN AFFAIRS MATTERS
Subtitle A--Combating Global Corruption
Sec. 5401. Short title.
Sec. 5402. Definitions.
Sec. 5403. Publication and provision of lists regarding progress on
anti-corruption efforts.
Sec. 5404. Minimum standards for the elimination of corruption and
assessment of efforts to combat corruption.
Sec. 5405. Imposition of sanctions under Global Magnitsky Human Rights
Accountability Act.
Sec. 5406. Designation of embassy anti-corruption points of contact.
Subtitle B--Other Matters
Sec. 5411. Global cooperative framework to end human rights abuses in
sourcing critical minerals.
Sec. 5412. Connecting Oceania's Nations with Vanguard Exercises and
National Empowerment.
Sec. 5413. Ending China's developing nation status.
Sec. 5414. Permitting for international bridges.
TITLE LV--EDUCATION AND WORKFORCE MATTERS
Sec. 5501. Amendments to the Energy Employees Occupational Illness
Compensation Program Act of 2000.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Sec. 5601. Extension of prohibition on provision of airport improvement
grant funds to certain entities that have violated
intellectual property rights of United States entities.
Sec. 5602. Nogales wastewater improvement.
Sec. 5603. International Port Security Enforcement Act.
TITLE LVII--ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023
Sec. 5701. Short title.
Sec. 5702. Appointment and term of service of Architect of the Capitol.
Sec. 5703. Appointment of Deputy Architect of the Capitol; vacancy in
Architect or Deputy Architect.
Sec. 5704. Deputy Architect of the Capitol to serve as acting in case of
absence, disability, or vacancy.
TITLE LVIII--FINANCIAL SERVICES MATTERS
Sec. 5801. Assessment of gifts and grants to United States institutions
of higher education from entities on the Non-SDN Chinese
Military-Industrial Complex Companies List.
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
Sec. 6101. Special hiring authority for passport services.
Sec. 6102. Quarterly report on passport wait times.
Sec. 6103. Passport travel advisories.
Sec. 6104. Strategy to ensure access to passport services for all
Americans.
Sec. 6105. Strengthening the National Passport Information Center.
Sec. 6106. Strengthening passport customer visibility and transparency.
Sec. 6107. Annual Office of Authentications report.
Sec. 6108. Publication and updates of estimated time for processing of
passport applications.
Sec. 6109. Authority to designate additional passport acceptance agents.
Sec. 6110. Notification of passport expiration.
Sec. 6111. Use of commercially available technology in online passport
renewal program.
Sec. 6112. Electronic payment for passport application fees.
Sec. 6113. Agreements with foreign countries regarding passports nearing
expiration.
Sec. 6114. Passport fee exception for search, rescue, and other related
disaster relief operations.
Sec. 6115. Increased accountability in assignment restrictions and
reviews.
Sec. 6116. Suitability reviews for Foreign Service Institute
instructors.
Sec. 6117. Diplomatic security fellowship programs.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute's language program.
Sec. 6207. Consideration of career civil servants as chiefs of missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Efforts to improve retention and prevent retaliation.
Sec. 6212. National advertising campaign.
Sec. 6213. Expansion of diplomats in residence programs.
Subtitle B--Pay, Benefits, and Workforce Matters
Sec. 6221. Education allowance.
Sec. 6222. Improving mental health services for foreign and civil
servants.
Sec. 6223. Emergency back-up care.
Sec. 6224. Exception for government-financed air transportation.
Sec. 6225. Internet at hardship posts.
Sec. 6226. Competitive local compensation plan.
Sec. 6227. Supporting tandem spouses in the Foreign Service.
Sec. 6228. Accessibility at diplomatic missions.
Sec. 6229. Report on breastfeeding accommodations overseas.
Sec. 6230. Determining the effectiveness of knowledge transfers between
Foreign Service Officers.
Sec. 6231. Education allowance for dependents of Department of State
employees located in United States territories.
Sec. 6232. Overtime pay exception for protective services.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer
Program.
Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of
the Department of State.
Sec. 6304. Strengthening the Chief Information Officer of the Department
of State.
Sec. 6305. Sense of Congress on strengthening enterprise governance.
Sec. 6306. Digital connectivity and cybersecurity partnership.
Sec. 6307. Establishment of a cyberspace, digital connectivity, and
related technologies (CDT) fund.
Sec. 6308. Cyber protection support for personnel of the Department of
State in positions highly vulnerable to cyber attack.
Sec. 6309. Implementation of GAO High Risk List recommendations.
TITLE LXIV--ORGANIZATION AND OPERATIONS
Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Presidential Envoy for the Abraham Accords, Negev Forum, and
Related Integration and Normalization Fora and Agreements.
Sec. 6408. Overseas placement of special appointment positions.
Sec. 6409. Resources for United States nationals unlawfully or
wrongfully detained abroad.
Sec. 6410. Establishment of fiscal responsibility award.
TITLE LXV--ECONOMIC DIPLOMACY
Sec. 6501. Report on recruitment, retention, and promotion of Foreign
Service economic officers.
Sec. 6502. Mandate to revise Department of State metrics for successful
economic and commercial diplomacy.
Sec. 6503. Direction to embassy deal teams.
Sec. 6504. Establishment of a ``Deal Team of the Year'' award.
TITLE LXVI--PUBLIC DIPLOMACY
Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio
Liberty.
Sec. 6603. Report on Radio Free Africa and Radio Free Americas.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Modernization and enhancement strategy.
TITLE LXVII--OTHER MATTERS
Sec. 6701. Internships of United States nationals at international
organizations.
Sec. 6702. Training for international organizations.
Sec. 6703. Infrastructure projects and investments by the United States
and People's Republic of China.
Sec. 6704. Special envoys.
Sec. 6705. US-ASEAN Center.
Sec. 6706. Briefings on the United States-European Union Trade and
Technology Council.
Sec. 6707. Modification and repeal of reports.
Sec. 6708. Art in embassies.
Sec. 6709. Institute for Transatlantic Engagement.
Sec. 6710. Notification of revocation of clearances.
DIVISION G--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
Sec. 7001. Short title.
Sec. 7002. Definitions.
Sec. 7003. Explanatory statement.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 7101. Authorization of appropriations.
Sec. 7102. Classified Schedule of Authorizations.
Sec. 7103. Intelligence Community Management Account.
Sec. 7104. Increase in employee compensation and benefits authorized by
law.
Sec. 7105. Restriction on conduct of intelligence activities.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 7201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 7301. Plan to recruit, train, and retain personnel with experience
in financial intelligence and emerging technologies.
Sec. 7302. Policy and performance framework for mobility of intelligence
community workforce.
Sec. 7303. Standards, criteria, and guidance for counterintelligence
vulnerability assessments and surveys.
Sec. 7304. Improving administration of certain post-employment
restrictions for intelligence community.
Sec. 7305. Mission of the National Counterintelligence and Security
Center.
Sec. 7306. Budget transparency on costs of implementation of Executive
Order 13556.
Sec. 7307. Improvements relating to intelligence community staffing,
details, and assignments.
Sec. 7308. Insider threats.
Sec. 7309. Modification of deadline for annual submission of National
Intelligence Priorities Framework.
Sec. 7310. Matters relating to chief data officers of intelligence
community.
Sec. 7311. Modification to special pay authority for science,
technology, engineering, or mathematics positions.
Sec. 7312. Annual report on unfunded priorities of intelligence
community.
Sec. 7313. Submission of legislative proposals.
Sec. 7314. Annual report on reporting requirements.
Sec. 7315. Notice and damage assessment with respect to significant
unauthorized disclosure or compromise of classified national
intelligence.
Sec. 7316. In-state tuition rates for certain members of intelligence
community.
Sec. 7317. Repeal of study on personnel under Strategic Intelligence
Partnership Program.
Sec. 7318. Intelligence Community Counterintelligence Office at the
Department of Agriculture.
Sec. 7319. Sunset of Climate Security Advisory Council.
Sec. 7320. Inclusion of counternarcotics as special topic in certain
budget justification materials.
Sec. 7321. Development of plan to make open-source intelligence products
available to certain Federal employees.
Sec. 7322. Intelligence community-wide policy on prepublication review.
Sec. 7323. Review relating to confidential human source program of
Federal Bureau of Investigation.
Sec. 7324. Prohibition on availability of funds for certain activities
and assessment of the Overt Human Intelligence and Open Source
Intelligence Collection Programs of the Office of Intelligence
and Analysis of the Department of Homeland Security.
Sec. 7325. Sense of Congress on priority of fentanyl in National
Intelligence Priorities Framework.
Sec. 7326. Reports on civilian casualties caused by certain operations
of foreign governments.
Sec. 7327. Modification and repeal of reporting requirements.
Subtitle B--Central Intelligence Agency
Sec. 7331. Change to penalties and increased availability of mental
health treatment for unlawful conduct on Central Intelligence
Agency installations.
Sec. 7332. Modifications to procurement authorities of the Central
Intelligence Agency.
Sec. 7333. Inspector General of the Central Intelligence Agency
quarterly employee engagement summaries.
Sec. 7334. Benjamin Tallmadge Institute as primary Central Intelligence
Agency entity for education and training in
counterintelligence.
Sec. 7335. Central Intelligence Agency intelligence assessment of
Sinaloa Cartel and Jalisco Cartel.
Sec. 7336. Central Intelligence Agency intelligence assessment with
respect to efforts by People's Republic of China to increase
influence in Middle East.
Sec. 7337. Assessment of availability of mental health and chaplain
services to Agency employees.
Sec. 7338. Assessment by Director of Central Intelligence Agency on
certain effects of Abraham Accords.
Sec. 7339. Reporting and investigating allegations of sexual assault and
sexual harassment within the Central Intelligence Agency.
Subtitle C--Matters Relating to Defense Intelligence and Overhead
Architecture
Sec. 7341. Modification of reporting requirement for All-Domain Anomaly
Resolution Office.
Sec. 7342. Defense Intelligence Agency assessment of strategic
competition in Latin America and the Caribbean.
Sec. 7343. Funding limitations relating to unidentified anomalous
phenomena.
Subtitle D--Matters Relating to National Security Agency, Cyber, and
Commercial Cloud Enterprise
Sec. 7351. Congressional notification by National Security Agency of
intelligence collection adjustments.
Sec. 7352. Modifications to enforcement of cybersecurity requirements
for national security systems.
Sec. 7353. Support by intelligence community for certain cross-
functional team of Department of Defense.
Sec. 7354. Commercial Cloud Enterprise notification.
Sec. 7355. Commercial Cloud Enterprise sole source task order
notification requirement.
Sec. 7356. Analysis of commercial cloud initiatives of intelligence
community.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
Sec. 7401. Intelligence community coordinator for accountability of
atrocities of the People's Republic of China.
Sec. 7402. Interagency working group and report on the malign efforts of
the People's Republic of China in Africa.
Sec. 7403. Amendment to requirement for annual assessment by
intelligence community working group for monitoring the
economic and technological capabilities of the People's
Republic of China.
Sec. 7404. Assessments of reciprocity in the relationship between the
United States and the People's Republic of China.
Sec. 7405. Assessment of threat posed to United States ports by cranes
manufactured by countries of concern.
Sec. 7406. Intelligence assessment of influence operations by People's
Republic of China toward Pacific Islands countries.
Sec. 7407. Independent study on economic impact of military invasion of
Taiwan by People's Republic of China.
Sec. 7408. Report by Director of National Intelligence on Uyghur
genocide.
Subtitle B--Other Foreign Countries
Sec. 7411. Report on efforts to capture and detain United States
citizens as hostages.
Sec. 7412. Intelligence assessments regarding Haiti.
Sec. 7413. Monitoring Iranian enrichment of uranium-235.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
Sec. 7501. Detail of individuals from intelligence community to
Department of Commerce.
Sec. 7502. Intelligence Community Innovation Unit.
Sec. 7503. Establishment of Office of Engagement.
Sec. 7504. Designation of a chief technology officer within certain
elements of the intelligence community.
Sec. 7505. Requirement to authorize additional security clearances for
certain contractors.
Sec. 7506. Intelligence Innovation Board.
Sec. 7507. Programs for next-generation microelectronics in support of
artificial intelligence.
Sec. 7508. Program for Beyond 5G.
Sec. 7509. Intelligence community commercial remote sensing
requirements.
Sec. 7510. Requirement to ensure intelligence community directives
appropriately account for artificial intelligence and machine
learning tools in intelligence products.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
Sec. 7511. Expanded annual assessment of economic and technological
capabilities of the People's Republic of China and related
briefing.
Sec. 7512. Assessment of using civil nuclear energy for intelligence
community capabilities.
Sec. 7513. Policies established by Director of National Intelligence for
artificial intelligence capabilities.
TITLE VI--CLASSIFICATION REFORM
Sec. 7601. Short title.
Sec. 7602. Promoting efficient declassification review.
Sec. 7603. Training to promote sensible classification.
Sec. 7604. Improvements to Public Interest Declassification Board.
Sec. 7605. Implementation of technology for classification and
declassification.
Sec. 7606. Studies and recommendations on necessity of security
clearances.
TITLE VII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
Sec. 7701. Review of shared information technology services for
personnel vetting.
Sec. 7702. Timeliness standard for rendering determinations of trust for
personnel vetting.
Sec. 7703. Annual report on personnel vetting trust determinations.
Sec. 7704. Survey to assess strengths and weaknesses of Trusted
Workforce 2.0.
TITLE VIII--ANOMALOUS HEALTH INCIDENTS
Sec. 7801. Improved funding flexibility for payments made by the Central
Intelligence Agency for qualifying injuries to the brain.
Sec. 7802. Clarification of requirements to seek certain benefits
relating to injuries to the brain.
Sec. 7803. Intelligence community implementation of HAVANA Act of 2021
authorities.
Sec. 7804. Report and briefings on Central Intelligence Agency handling
of anomalous health incidents.
TITLE IX--OTHER MATTERS
Sec. 7901. Technical corrections.
Sec. 7902. Extension of title VII of FISA.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitation on availability of funds pending assessment of Army
Trackless Moving Target systems.
Sec. 112. Strategy for Army tactical wheeled vehicle program.
Sec. 113. Report on acquisition strategies for the logistics
augmentation program of the Army.
Subtitle C--Navy Programs
Sec. 121. Modification of requirements for minimum number of carrier air
wings of the Navy.
Sec. 122. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 123. Multiyear procurement authority for Virginia class submarine
program.
Sec. 124. Procurement authority for Auxiliary Personnel Lighter program.
Sec. 125. Limitation on reductions to V-22 aircraft nacelle improvement
program.
Sec. 126. Limitation on consideration of Government-operated dry docks
in certain contract solicitations.
Sec. 127. Annual reports on use of Government docks for ship repair and
maintenance.
Subtitle D--Air Force Programs
Sec. 131. Limitation on retirement of F-15 aircraft and modification of
related reporting requirement.
Sec. 132. Limitations and minimum inventory requirement relating to RQ-4
aircraft.
Sec. 133. Temporary exception to minimum inventory requirement for
fighter aircraft of the Air Force.
Sec. 134. Modification of minimum inventory requirements for C-130
aircraft.
Sec. 135. Modification of annual reports on T-7A Advanced Pilot Training
System.
Sec. 136. Modification to prohibition on certain reductions to B-1
bomber aircraft squadrons.
Sec. 137. Modification of minimum inventory requirements for A-10
aircraft.
Sec. 138. Procurement authority for over-the-horizon radar systems.
Sec. 139. Prohibition on availability of funds for retirement of KC-135
aircraft.
Sec. 140. Prohibition on reduction of KC-135 aircraft in PMAI of the
reserve components.
Sec. 141. Limitation on issuance of acquisition strategy for the KC-135
recapitalization program.
Sec. 142. Prohibition on certain reductions to inventory of E-3 airborne
warning and control system aircraft.
Sec. 143. Prohibition on availability of funds for termination of
production lines for the HH-60W aircraft.
Sec. 144. Limitation on retirement of F-16C/D aircraft.
Sec. 145. Limitation on procurement of KC-46A aircraft.
Sec. 146. Limitation on actions relating to remote vision systems of KC-
46A aircraft.
Sec. 147. Limitation on retirement of T-1A training aircraft.
Sec. 148. Plan for long-term Air Force fighter force structure.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 151. Annual report on force structure changes exhibit for the
defense budget.
Sec. 152. Multiyear procurement authority for domestically processed
critical minerals.
Sec. 153. Prohibition on solicitation of proprietary armor for certain
tactical vehicles.
Sec. 154. Prohibition on availability of funds for procurement of
certain batteries.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for procurement for the Army, the Navy and the Marine Corps, the Air
Force and the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. LIMITATION ON AVAILABILITY OF FUNDS PENDING ASSESSMENT OF
ARMY TRACKLESS MOVING TARGET SYSTEMS.
(a) In General.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2024 for the Trackless
Moving Target program of the Army, not more than 75 percent may be
obligated or expended to procure or further develop the Trackless
Moving Target-Infantry variant until the Secretary of the Army--
(1) acting through the Army Combat Capabilities Development
Command, conducts an assessment of the Trackless Moving Target-
Infantry variant, which shall include--
(A) obtaining end-user feedback regarding such variant; and
(B) comparing the performance of such variant against the
applicable program requirements set forth in the report of
Secretary of the Army titled ``Autonomous Robotic Targets for
Small Arms Range Training'', as submitted to Congress in March
2023;
(2) obtains direct soldier feedback on the current Trackless
Moving Target program;
(3) certifies to the congressional defense committees that the
acquisition strategy of the Army for the Trackless Moving Target-
Infantry variant meets the program requirements set forth in the
report referred to in paragraph (1)(B); and
(4) submits to the congressional defense committees the report
required under subsection (b).
(b) Report Required.--Not later than 30 days after the date of the
completion of the assessment and soldier feedback required under
paragraphs (1) and (2) of subsection (a), the Secretary of the Army
shall submit to the congressional defense committees a report that
includes--
(1) detailed results of the assessment conducted under
subsection (a)(1), including a comparison of the Trackless Moving
Target-Infantry variant under development by the Army to other
operationally deployed, commercially available targets in use by
other Armed Forces;
(2) a summary of the soldier feedback obtained under subsection
(a)(2); and
(3) a certification that the development of the Trackless
Moving Target-Infantry variant is in compliance with the
requirements of section 4061 of title 10, United States Code.
SEC. 112. STRATEGY FOR ARMY TACTICAL WHEELED VEHICLE PROGRAM.
(a) Strategy Required.--In the budget justification materials
submitted in support of the budget of the Department of Defense (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) for each of fiscal years 2025, 2030, and
2035, the Secretary of the Army shall include a report on the strategy
of the Army for tactical wheeled vehicles.
(b) Requirements for Strategy.--Each strategy required by
subsection (a) shall--
(1) align with the applicable national defense strategy under
section 113(g) of title 10, United States Code, and applicable
policies;
(2) be designed so that the force of tactical wheeled vehicles
provided under the strategy supports the national security strategy
of the United States as set forth in the most recent national
security strategy report of the President under section 108 of the
National Security Act of 1947 (50 U.S.C. 3043); and
(3) define capabilities and capacity requirements across the
entire fleet of tactical wheeled vehicles, including--
(A) light, medium, and heavy tactical wheeled vehicles; and
(B) associated trailer and support equipment.
(c) Strategy Elements.--Each strategy required by subsection (a)
shall include the following:
(1) A detailed program for the construction of light, medium,
and heavy tactical wheeled vehicles for the Army over the period of
five fiscal years following the date of the strategy.
(2) A description of the necessary force structure and
capabilities of tactical wheeled vehicles to meet the requirements
of the national security strategy described in subsection (b)(2).
(3) The estimated levels of annual funding, by vehicle class,
in both graphical and tabular form, necessary to carry out the
program described in paragraph (1), together with a discussion of
the procurement strategies on which such estimated levels of annual
funding are based.
(4) The estimated total cost of construction for each vehicle
class used to determine the estimated levels of annual funding
described in paragraph (3).
(d) Considerations.--In developing each strategy required by
subsection (a), the Secretary of the Army shall consider the following
objectives and factors:
(1) Objectives relating to protection, fleet operations,
mission command, mobility, and the industrial base.
(2) Technological advances that are expected to increase
efficiency of and reduce demand for tactical wheeled vehicles.
(3) Technological advances that allow for the operation of
tactical wheeled vehicles in a variety of climate and geographic
conditions.
(4) Existing commercial technologies such as vehicle
electrification, autonomous capabilities, and predictive
maintenance, among others.
(5) The capabilities of autonomous equivalents to tactical
wheeled vehicles.
(e) Briefing Requirements.--Not later than 15 days after each
budget submission described in subsection (a), in conjunction with the
submission of each strategy required by such subsection, the Secretary
of the Army shall provide to the congressional defense committees a
briefing that addresses the investment needed for each platform of
tactical wheeled vehicle of the Army across the period covered by the
most recent future-years defense program submitted to Congress under
section 221 of title 10, United States Code (as of the date of the
briefing).
SEC. 113. REPORT ON ACQUISITION STRATEGIES FOR THE LOGISTICS
AUGMENTATION PROGRAM OF THE ARMY.
(a) In General.--The Secretary of the Army, in consultation with
the Secretary of Defense and the commanders of the geographic combatant
commands, shall conduct a review of the proposed recompete of the
operational task orders of the geographic combatant commands under the
LOGCAP V contract.
(b) Elements.--The review required by subsection (a) shall include
the following:
(1) A business case analysis of the cost and operational
benefit of recompeting the task orders described in subsection (a).
(2) Input from stakeholders, including the Commanding General
of Army Sustainment Command, the commanders of the geographic
combatant commands, and the commanders of the Army Service
Component Commands, on the desirability and operational effects of
the proposed recompete described in subsection (a).
(3) Detailed cost estimates and timelines, including projected
transition costs and timelines for the task orders described in
subsection (a).
(4) An assessment of the potential effects of the recompete
described in subsection (a) on--
(A) the quality and timing of the work performed under the
task orders described in such subsection; and
(B) the ability of the Army to transition to the LOGCAP VI
contract, including any effects on the quality and timing of
such transition.
(5) An analysis of recompeting the task orders described in
subsection (a) compared to transitioning directly to the LOGCAP VI
contract instead of recompeting such task orders.
(6) An overview of potential innovations and efficiencies
derived from a competition for the LOGCAP VI contract.
(7) An explanation of the benefit of recompeting the task
orders described in subsection (a) compared to conducting an open
competition for the LOGCAP VI contract instead of recompeting such
task orders.
(8) A breakdown of any additional authorities needed to move
directly to the LOGCAP VI contract instead of recompeting the task
orders described in subsection (a).
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the results of the review conducted under subsection (a),
including the results of the review with respect to each element
specified in subsection (b).
(d) Definitions.--In this section:
(1) The term ``LOGCAP V contract'' means the contract for the
logistics augmentation program of the Army that is due to expire in
2028.
(2) The term ``LOGCAP VI contract'' means a successor contract
for the logistics augmentation program of the Army that is expected
to be entered into following the expiration of the LOGCAP V
contract.
Subtitle C--Navy Programs
SEC. 121. MODIFICATION OF REQUIREMENTS FOR MINIMUM NUMBER OF
CARRIER AIR WINGS OF THE NAVY.
(a) Modification of Requirements.--
(1) In general.--Subsection (e) of section 8062 of title 10,
United States Code, is amended to read as follows--
``(e) The Secretary of the Navy shall ensure that--
``(1) the Navy maintains a minimum of 9 carrier air wings; and
``(2) for each such carrier air wing, the Navy maintains a
dedicated and fully staffed headquarters.''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect one year after the date on which the Secretary of the
Navy submits to Congress the report required under subsection
(b)(3). The Secretary of the Navy shall notify the Law Revision
Counsel of the House of Representatives of the submission of the
report so that the Law Revision Counsel may execute the amendment
made by paragraph (1) in accordance with the preceding sentence.
(b) Analysis and Report.--
(1) In general.--The Secretary of the Navy shall conduct an
analysis of potential approaches to the manning, operation, and
deployment of a 10th aircraft carrier and associated carrier air
wing to determine how the Navy can mobilize such a carrier and air
wing if required by operational needs.
(2) Elements.--The analysis under paragraph (1) shall address
the following:
(A) The timeline associated with removing an aircraft
carrier from each the following maintenance availability types:
(i) Complex Overhaul.
(ii) Selected Restricted Availability.
(iii) Docking Selected Restricted Availability.
(iv) Planned Incremental Availability.
(v) Docking Planned Incremental Availability.
(B) The potential for establishing a reserve component air
wing capable of mobilization as a 10th carrier air wing.
(C) The timeline for activation of such a reserve component
carrier air wing.
(D) The costs associated with establishing and maintaining
a 10th active carrier air wing versus establishing and
maintaining a reserve component air wing as described in
subparagraph (B).
(E) The potential for deployment of a 10th aircraft carrier
without a fully manned carrier air wing in the event the Navy
only operates and crews 9 carrier air wings at the time
deployment of a 10th aircraft carrier is required.
(F) The potential for additional forward deployed squadrons
that could support an aircraft carrier during theater
operations that may not have a fully embarked air wing at the
time of embarkation.
(3) Report.--Following completion of the analysis required
under paragraph (1), Secretary of the Navy shall submit to the
congressional defense committees a report on the results of the
analysis.
SEC. 122. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
NAVY PORT WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1665), as most
recently amended by section 123(a) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136
Stat. 2443), is further amended by striking ``through 2023'' and
inserting ``through 2024''.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS
SUBMARINE PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to section 3501
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts for the procurement of not more
than 13 Virginia class submarines.
(b) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts, beginning in fiscal year 2024,
for advance procurement associated with the Virginia class submarines
for which authorization to enter into a multiyear procurement contract
is provided under subsection (a) and for equipment or subsystems
associated with the Virginia class submarine program, including
procurement of--
(1) long lead time material; or
(2) material or equipment in economic order quantities when
cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2025 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Limitation on Termination Liability.--A contract for the
construction of Virginia class submarines entered into under subsection
(a) shall include a clause that limits the liability of the United
States to the contractor for any termination of the contract. The
maximum liability of the United States under the clause shall be the
amount appropriated for the submarines covered by the contract
regardless of the amount obligated under the contract.
(e) Virginia Class Submarine Defined.--The term ``Virginia class
submarine'' means a block VI configured Virginia class submarine.
SEC. 124. PROCUREMENT AUTHORITY FOR AUXILIARY PERSONNEL LIGHTER
PROGRAM.
(a) Contract Authority.--Beginning in fiscal year 2024, the
Secretary of the Navy may enter into one or more contracts for the
procurement of up to six Auxiliary Personnel Lighter class vessels and
associated material.
(b) Liability.--Any contract entered into under subsection (a)
shall provide that--
(1) any obligation of the United States to make a payment under
the contract is subject to the availability of appropriations for
that purpose; and
(2) 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.
SEC. 125. LIMITATION ON REDUCTIONS TO V-22 AIRCRAFT NACELLE
IMPROVEMENT PROGRAM.
(a) Limitation.--Except as provided in subsection (b), the
Secretary of Defense shall upgrade not fewer than 24 V-22 aircraft
under the V-22 nacelle improvement program in accordance with the plan
for such program set forth in the budget of the President for fiscal
year 2024 (as submitted to Congress under section 1105(a) of title 31,
United States Code).
(b) Exception.--The Secretary of Defense may reduce the number of
aircraft upgraded under subsection (a) below 24 if the Secretary
certifies to the congressional defense committees that such reduction
is in the interests of national security.
SEC. 126. LIMITATION ON CONSIDERATION OF GOVERNMENT-OPERATED DRY
DOCKS IN CERTAIN CONTRACT SOLICITATIONS.
(a) In General.--With respect to a solicitation of the Secretary of
the Navy for the award of a contract for private sector non-nuclear
surface ship maintenance in San Diego, California, the Secretary shall
ensure, in accordance with section 2466 of title 10, United States
Code, that Government-operated dry docks are only included in such
solicitation if there is insufficient capacity at privately-operated
dry docks for performance of such contract.
(b) Applicability and Termination.--The prohibition under
subsection (a) shall apply with respect to solicitations for contracts
issued after the date of the enactment of this Act and shall terminate
on the date that is five years after such date of enactment.
SEC. 127. ANNUAL REPORTS ON USE OF GOVERNMENT DOCKS FOR SHIP REPAIR
AND MAINTENANCE.
Not later than June 30, 2024, and on an annual basis thereafter
through 2028, the Secretary of the Navy shall submit to the
congressional defense committees a report that--
(1) identifies each instance in the year preceding the date of
the report in which the Navy used a Government dock for a ship
repair and maintenance availability when sufficient capacity was
available in private docks during the period in which such repairs
and maintenance were expected to be performed; and
(2) for each such instance, provides an explanation of the
reasons the Navy used a Government dock rather than a private dock.
Subtitle D--Air Force Programs
SEC. 131. LIMITATION ON RETIREMENT OF F-15 AIRCRAFT AND
MODIFICATION OF RELATED REPORTING REQUIREMENT.
(a) Limitation.--Section 9062 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(l)(1) During the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2024 and
ending on September 30, 2029, the Secretary of the Air Force may not--
``(A) retire more than 68 F-15E aircraft;
``(B) reduce funding for unit personnel or weapon system
sustainment activities for retained F-15E aircraft in a manner
that presumes future congressional authority to divest such
aircraft; or
``(C) keep an F-15E aircraft (other than an aircraft
identified for retirement under subparagraph (A)) in a status
considered excess to the requirements of the possessing command
and awaiting disposition instructions (commonly referred to as
`XJ' status).
``(2) The prohibition under paragraph (1) shall not apply to
individual F-15E aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
and uneconomical to repair because of aircraft accidents, mishaps, or
excessive material degradation and non-airworthiness status of certain
aircraft.''.
(b) Modification to Report Required Before Divestment.--Section 150
of the James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 136 Stat. 2456) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C)(ii), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) for each F-15E aircraft that the Secretary plans to
divest, a description of--
``(i) each upgrade and modification made to such
aircraft, including--
``(I) the date of the upgrade or modification; and
``(II) the cost of such upgrade or modification in
current year dollars; and
``(ii) the estimated remaining service-life (expressed
as equivalent flight hours and years) of--
``(I) the aircraft; and
``(II) the onboard systems of the aircraft.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Updates.--Not later than October 1, 2024, and not
later than October 1 of each year thereafter through 2029, the
Secretary of the Air Force shall--
``(1) update the report required under subsection (b); and
``(2) submit the updated report to the congressional defense
committees.''.
(c) Clarification of Relationship Between Limitations.--The
authority of the Secretary of the Air Force to retire F-15E aircraft to
the extent allowed under subsection (l)(1)(A) of section 9062 of title
10, United States Code (as added by subsection (a) of this section)
shall not apply until the Secretary complies with the requirements of
section 150 of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2456) (as amended
by subsection (b) of this section).
SEC. 132. LIMITATIONS AND MINIMUM INVENTORY REQUIREMENT RELATING TO
RQ-4 AIRCRAFT.
Section 9062 of title 10, United States Code, as amended by section
131, is further amended by adding at the end the following new
subsection:
``(m)(1) During the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2024 and
ending on September 30, 2028, the Secretary of the Air Force may not--
``(A) retire an RQ-4 aircraft;
``(B) reduce funding for unit personnel or weapon system
sustainment activities for RQ-4 aircraft in a manner that presumes
future congressional authority to divest such aircraft;
``(C) keep an RQ-4 aircraft in a status considered excess to
the requirements of the possessing command and awaiting disposition
instructions (commonly referred to as `XJ' status); or
``(D) decrease the total aircraft inventory of RQ-4 aircraft
below 10 aircraft.
``(2) The prohibition under paragraph (1) shall not apply to
individual RQ-4 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
and uneconomical to repair because of aircraft accidents, mishaps, or
excessive material degradation and non-airworthiness status of certain
aircraft.''.
SEC. 133. TEMPORARY EXCEPTION TO MINIMUM INVENTORY REQUIREMENT FOR
FIGHTER AIRCRAFT OF THE AIR FORCE.
(a) Temporary Authority.--Notwithstanding section 9062(i)(1) of
title 10, United States Code, during the covered period, the Secretary
of the Air Force may decrease the total quantity of fighter aircraft in
the primary mission aircraft inventory of the Air Force to not fewer
than 1,112 aircraft.
(b) Termination.--Following expiration of the covered period, the
minimum primary mission aircraft inventory requirements specified in
section 9062(i)(1) of title 10, United States Code, shall apply as if
this section had not been enacted.
(c) Definitions.--In this section:
(1) The term ``covered period'' means the period beginning on
the date of the enactment of this Act and ending on October 1,
2024.
(2) The terms ``fighter aircraft'' and ``primary mission
aircraft inventory'' have the meanings given those terms in section
9062(i)(2) of title 10, United States Code.
SEC. 134. MODIFICATION OF MINIMUM INVENTORY REQUIREMENTS FOR C-130
AIRCRAFT.
(a) Minimum Inventory Requirement.--Section 146(a)(3)(B) of the
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2455) is amended by striking ``2023''
and inserting ``2024''.
(b) Prohibition on Reduction of C-130 Aircraft Assigned to National
Guard.--Section 146(b)(1) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat.
2455) is amended by striking ``fiscal year 2023'' and inserting
``fiscal years 2023 and 2024''.
SEC. 135. MODIFICATION OF ANNUAL REPORTS ON T-7A ADVANCED PILOT
TRAINING SYSTEM.
Section 156 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2460) is
amended--
(1) in subsection (a), by striking ``through 2028'' and
inserting ``through 2033''; and
(2) in subsection (b)--
(A) by redesignating paragraph (9) as paragraph (11); and
(B) by inserting after paragraph (8) the following new
paragraphs:
``(9) A schedule risk assessment, conducted by the Secretary of
the Air Force at the 80 percent confidence level, that includes
risks associated with the overlap of the development, testing, and
production phases of the program and risks related to contractor
management.
``(10) A plan for determining the conditions under which the
Secretary of the Air Force may accept production work on the T-7A
Advanced Pilot Training System that was completed by the contractor
for the program in anticipation of the Air Force ordering
additional systems, but which was not subject to typical production
oversight because there was no contract for the procurement of such
additional systems in effect when such work was performed.''.
SEC. 136. MODIFICATION TO PROHIBITION ON CERTAIN REDUCTIONS TO B-1
BOMBER AIRCRAFT SQUADRONS.
Section 133 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1574) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Exceptions.--The prohibition under subsection (a) shall not
apply--
``(1) to a bomb wing for which the Secretary of the Air Force
has commenced the process of replacing B-1 bomber aircraft with B-
21 bomber aircraft; or
``(2) so as to prohibit the retirement of the individual B-1
aircraft designated 85-0089, which has been determined by Secretary
of the Air Force to be no longer mission capable and uneconomical
to repair due to damage sustained on April 20, 2022.''; and
(2) in subsection (c)(1), by striking ``and ending on September
30, 2023'' and inserting ``and ending on September 30, 2026''.
SEC. 137. MODIFICATION OF MINIMUM INVENTORY REQUIREMENTS FOR A-10
AIRCRAFT.
(a) In General.--Section 134(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2038), as amended by section 141(b)(1) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136
Stat. 2452), is amended by striking ``153 A-10 aircraft'' and inserting
``135 A-10 aircraft''.
(b) Potential Transfer of Certain Aircraft.--In the case of any A-
10 aircraft that is retired, prepared to retire, or placed in storage
using funds authorized to be appropriated by this Act or by the
National Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263), the Secretary of Defense shall ensure that such aircraft is
evaluated for potential transfer to the military forces of a nation
that is an ally or partner of the United States.
(c) Repeal.--Section 142 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 755) is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) through (e) as subsections
(b) through (d), respectively; and
(3) in subsection (c), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (b)''.
SEC. 138. PROCUREMENT AUTHORITY FOR OVER-THE-HORIZON RADAR SYSTEMS.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Secretary of the Air Force shall seek to
enter into one or more contracts for the procurement of up to six over-
the-horizon radar systems that meet the requirements of the United
States Northern Command with respect to the detection of increasingly
complex threats.
(b) Use of Competitive Procedures and Sole-source Contracts.--
(1) Initial contracts.--With respect to the award of a contract
for the procurement of the first two over-the-horizon radar systems
under subsection (a)--
(A) the Secretary of the Air Force may use procedures other
than competitive procedures (in accordance with section 3204 of
title 10, United States Code) if the Secretary determines it is
not feasible to use competitive procedures; and
(B) if the Secretary makes a determination to award a sole
source contract for such procurement in order to meet the
requirements established by the Commander of the United States
Northern Command, not later than 14 days after making such
determination, the Secretary shall submit to the congressional
defense committees a notification of such determination,
including the rationale for such determination.
(2) Subsequent contracts.--The Secretary of the Air Force shall
use competitive procedures for the award of a contract for the
procurement of the third and any subsequent over-the-horizon radar
systems under subsection (a).
(3) Competitive procedures defined.--In this section, the term
``competitive procedures'' has the meaning given that term in
section 3012 of title 10, United States Code.
SEC. 139. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF
KC-135 AIRCRAFT.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2024 for the Air Force may be obligated or
expended to retire, or prepare to retire, a KC-135 aircraft.
(b) Exception.--The prohibition under subsection (a) shall not
apply to individual KC-135 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
and uneconomical to repair because of aircraft accidents, mishaps, or
excessive material degradation and non-airworthiness status of certain
aircraft.
SEC. 140. PROHIBITION ON REDUCTION OF KC-135 AIRCRAFT IN PMAI OF
THE RESERVE COMPONENTS.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2024 for the
Air Force may be obligated or expended to reduce the number of KC-135
aircraft designated as primary mission aircraft inventory within the
reserve components of the Air Force.
(b) Primary Mission Aircraft Inventory Defined.--In this section,
the term ``primary mission aircraft inventory'' has the meaning given
that term in section 9062(i)(2)(B) of title 10, United States Code.
SEC. 141. LIMITATION ON ISSUANCE OF ACQUISITION STRATEGY FOR THE
KC-135 RECAPITALIZATION PROGRAM.
The Secretary of the Air Force may not issue an acquisition
strategy for the KC-135 recapitalization program until the date on
which the Secretary submits to the congressional defense committees the
following documentation:
(1) An updated tanker roadmap timeline to include procurement
of the Next Generation Air Refueling System.
(2) The business case analysis of the Air Force for the KC-135
recapitalization program.
(3) Validated requirements from the Joint Staff for the
contract competition under the KC-135 recapitalization program.
SEC. 142. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF E-3
AIRBORNE WARNING AND CONTROL SYSTEM AIRCRAFT.
(a) Prohibition.--Except as provided in subsections (b) and (c),
none of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2024 for the Air Force may be
obligated or expended to retire, prepare to retire, or place in storage
or in backup aircraft inventory any E-3 aircraft if such actions would
reduce the total aircraft inventory of such aircraft below 16.
(b) Exception for Plan.--If the Secretary of the Air Force submits
to the congressional defense committees a plan for maintaining
readiness and ensuring there is no lapse in mission capabilities, the
prohibition under subsection (a) shall not apply to actions taken to
reduce the total aircraft inventory of E-3 aircraft to below 16,
beginning 30 days after the date on which the plan is so submitted.
(c) Exception for E-7 Procurement.--If the Secretary of the Air
Force procures enough E-7 Wedgetail aircraft to accomplish the required
mission load, the prohibition under subsection (a) shall not apply to
actions taken to reduce the total aircraft inventory of E-3 aircraft to
below 16 after the date on which such E-7 Wedgetail aircraft are
delivered.
SEC. 143. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMINATION OF
PRODUCTION LINES FOR THE HH-60W AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2024 for the Air Force may be
obligated or expended to terminate the operations of, or to prepare to
terminate the operations of, a production line for HH-60W Combat Rescue
Helicopters.
SEC. 144. LIMITATION ON RETIREMENT OF F-16C/D AIRCRAFT.
(a) Limitation.--Beginning on the date of the enactment of this Act
and except as provided in subsection (b), the Secretary of the Air
Force may not retire, prepare to retire, or place in storage or on
backup aircraft inventory status any F-16C/D aircraft until a period of
180 days has elapsed following the date on which the Secretary submits
the report required under section 148.
(b) Exception.--The limitation under subsection (a) shall not apply
to individual F-16C/D aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
and uneconomical to repair because of aircraft accidents, mishaps, or
excessive material degradation and non-airworthiness status of certain
aircraft.
(c) Information to Congress.--For each F-16C/D aircraft that the
Secretary of the Air Force proposes to retire in a fiscal year, the
Secretary shall include, in the materials submitted by the Secretary in
support of the budget of the President for that fiscal year (as
submitted to Congress under section 1105(a) of title 31, United States
Code), a description of--
(1) each upgrade and modification made to such aircraft,
including--
(A) the date of the upgrade or modification; and
(B) the cost of such upgrade or modification in current
year dollars; and
(2) the estimated remaining service-life (expressed as
equivalent flight hours and years) of--
(A) the aircraft; and
(B) the onboard systems of the aircraft.
SEC. 145. LIMITATION ON PROCUREMENT OF KC-46A AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may not procure
more than six KC-46A aircraft under the final lot of the covered
contract unless--
(1)(A) the Secretary submits to the congressional defense
committees written notice of the intent of the Secretary to procure
more than six KC-46A aircraft under the final lot of the covered
contract; and
(B) a period of 180 days has elapsed following the date on
which such notice was submitted; or
(2) the Secretary submits to the congressional defense
committees written certification by the Assistant Secretary of the
Air Force for Acquisition, Technology, and Logistics that--
(A) there are validated needs of the Air Force requiring
the procurement more than six KC-46A aircraft under the final
lot of the covered contract; and
(B) cost estimates are complete for the long-term
sustainment of any additional aircraft planned to be procured.
(b) Covered Contract Defined.--In this section, the term ``covered
contract'' means the contract for the procurement of KC-46A aircraft
entered into between the Department of the Air Force and the Boeing
Company that is in effect as of the date of the enactment of this Act.
SEC. 146. LIMITATION ON ACTIONS RELATING TO REMOTE VISION SYSTEMS
OF KC-46A AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may not take any
action described in subsection (b) until the date on which the
Secretary certifies to the Committees on Armed Services of the Senate
and the House of Representatives that--
(1) the Secretary has identified a solution to fix the remote
vision systems of KC-46A aircraft; and
(2) such solution resolves all issues identified in the
category 1 deficiency reports for such systems, except for issues
relating to the panoramic system.
(b) Actions Described.--The actions described in this subsection
are the following:
(1) Approving the incorporation of version 2.0 of the KC-46A
remote vision system into production aircraft (other than an
aircraft specifically used to test and validate that version of the
system).
(2) Retrofitting aircraft with version 2.0 of the KC-46A remote
vision system (other than an aircraft specifically used to test and
validate that version of the system).
SEC. 147. LIMITATION ON RETIREMENT OF T-1A TRAINING AIRCRAFT.
The Secretary of the Air Force may not retire, prepare to retire,
or place in storage or on backup aircraft inventory status any T-1A
training aircraft until the date on which the Secretary submits to the
congressional defense committees--
(1) a certification indicating that the Secretary has completed
the full, fleet-wide implementation of the Undergraduate Pilot
Training curriculum (formerly known as the ``Undergraduate Pilot
Training 2.5'' curriculum); and
(2) a written assessment of--
(A) the effect of the implementation of the Undergraduate
Pilot Training curriculum on the availability and training
completion rates of undergraduate pilot trainees; and
(B) how the retirement of T-1A training aircraft may affect
programs and initiatives of the Air Force to accelerate the
rate at which pilots complete training.
SEC. 148. PLAN FOR LONG-TERM AIR FORCE FIGHTER FORCE STRUCTURE.
(a) Plan Required.--The Secretary of the Air Force, in consultation
with the Director of the Air National Guard and the Commander of the
Air Force Reserve, shall develop a long-term tactical fighter force
structure, recapitalization, training, and sustainment plan for the
active and reserve components of the Air Force.
(b) Elements.--The plan under subsection (a) shall address each of
the following:
(1) The appropriate mix of tactical fighter aircraft force
structure, with accompanying operational risk analyses, required
for the Secretary of the Air Force to meet expected steady-state,
global force management allocation plans and geographical combatant
commander contingency operational plans tasked to the Air Force
using active and reserve component units.
(2) The procurement, divestment, unit activation, deactivation,
or re-missioning plans or actions the Secretary plans to implement,
fiscal year-by-fiscal year, unit-by-unit, for the next 12 years for
each active and reserve component tactical fighter aircraft unit
existing as of the date of the enactment of this Act, including the
rationale and justification for any such plans or actions.
(3) The actions the Secretary will take to ensure that required
operational readiness rates are maintained during any planned
recapitalization, modernization, or change of mission affecting
tactical fighter aircraft units.
(4) Any plans of the Secretary to augment or supplant existing
piloted tactical fighter aircraft capability or capacity with
Collaborative Combat Aircraft Increment 1 or Increment 2 capability
or capacity.
(5) Any plans of the Secretary to augment or supplant existing
piloted tactical fighter aircraft training events via acquisition
and fielding of common, joint, all-domain, high-fidelity synthetic
simulation environments.
(c) Report.--Not later than April 1, 2024, the Secretary of the Air
Force shall submit to the congressional defense committees a report
that includes the plan developed under subsection (a).
(d) Form of Report.--The report required under subsection (c) shall
be submitted in unclassified form, but may contain a classified annex.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 151. ANNUAL REPORT ON FORCE STRUCTURE CHANGES EXHIBIT FOR THE
DEFENSE BUDGET.
Chapter 9 of title 10, United States Code, is amended by inserting
after section 233 the following new section:
``Sec. 233a. Annual report on force structure changes exhibit for the
defense budget
``(a) Annual Report.--Not later than 10 days after the date on
which the budget of the President for a fiscal year is submitted to
Congress pursuant to section 1105 of title 31, the Secretary of Defense
shall submit to the congressional defense committees a report on any
major weapon systems proposed to be divested, re-prioritized, or
retired in such budget.
``(b) Contents.--Each report under subsection (a) shall include the
following:
``(1) Identification of each major weapon system the Secretary
of Defense proposes to divest, re-prioritize, or retire in the
period of five fiscal years following the date of the report.
``(2) Budget line-item details related to each major weapon
system identified under paragraph (1).
``(3) For each proposed divestment, re-prioritization, or
retirement, an explanation of--
``(A) the timeline for the divestment, re-prioritization,
or retirement, including any factors that may affect such
timelines positively or negatively;
``(B) any cost savings associated with the divestment, re-
prioritization, or retirement;
``(C) the rationale for the divestment, re-prioritization,
or retirement, including a qualitative description of the risk
associated with the divestment, re-prioritization, or
retirement based on the most recent National Defense Strategy
(as of the date of the report);
``(D) any critical dependencies with other program efforts
that might affect the timeline for such divestment,
reprioritization, or retirement;
``(E) the expected disposition of the weapon system after
divestment, re-prioritization or retirement; and
``(F) identification of the system or systems that are
expected to satisfy the military requirements that were
fulfilled by the weapon system once the divestment, re-
prioritization, or retirement of that weapon system is
completed.
``(c) Relationship to Other Reports.--The Secretary of Defense
shall ensure that the report required under subsection (a) is
deconflicted with the report required under section 222e of this title.
``(d) Major Weapon System Defined.--In this section, the term
`major weapon system' has the meaning given that term in section
3455(f) of this title.''.
SEC. 152. MULTIYEAR PROCUREMENT AUTHORITY FOR DOMESTICALLY
PROCESSED CRITICAL MINERALS.
(a) Authority for Multiyear Procurement.--Subject to section 3501
of title 10, United States Code, and from amounts made available by
discretionary appropriations Acts from the National Defense Stockpile
Transaction Fund (as established under section 9(a) of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98h(a))) after the
date of the enactment of this Act, the Secretary of Defense may enter
into one or more multiyear contracts for the procurement of critical
minerals that are processed in the United States by domestic sources.
(b) Application of Strategic and Critical Materials Stock Piling
Act.--A multiyear contract entered into under this section shall be
deemed to be an acquisition under the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98 et seq.).
(c) Authority for Advance Procurement.--The Secretary of Defense
may enter into one or more contracts, beginning in fiscal year 2024,
for advance procurement associated with the domestically processed
critical minerals for which authorization to enter into a multiyear
procurement contract is provided under subsection (a).
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2024 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(e) Definitions.--In this section:
(1) The term ``critical mineral'' means a mineral determined to
be a strategic and critical material under section 3(a) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98b(a)).
(2) The term ``processed'' means the processing or recycling of
a critical mineral or magnet, including the separation, reduction,
metallization, alloying, milling, pressing, strip casting, and
sintering of a critical mineral.
(3) The term ``domestic source'' has the meaning given that
term in section 702 of the Defense Production Act of 1950 (50
U.S.C. 4552).
SEC. 153. PROHIBITION ON SOLICITATION OF PROPRIETARY ARMOR FOR
CERTAIN TACTICAL VEHICLES.
(a) Prohibition.--The Secretary of Defense may not include in a
solicitation for a tactical tracked vehicle or tactical wheeled vehicle
a requirement that such vehicle use proprietary armor.
(b) Applicability.--Subsection (a) shall not apply to a contract
for the procurement of a tactical tracked vehicle or tactical wheeled
vehicle entered into before the date of the enactment of this Act.
SEC. 154. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF
CERTAIN BATTERIES.
(a) Limitation.--Beginning on October 1, 2027, none of the funds
authorized to be appropriated or otherwise made available for the
Department of Defense may be obligated or expended to procure a battery
produced by an entity specified in subsection (b).
(b) Entities Specified.--The entities specified in this subsection
are the following:
(1) Contemporary Amperex Technology Company, Limited (also
known as ``CATL'').
(2) BYD Company, Limited.
(3) Envision Energy, Limited.
(4) EVE Energy Company, Limited.
(5) Gotion High tech Company, Limited.
(6) Hithium Energy Storage Technology company, Limited.
(7) Any successor to an entity specified in paragraphs (1)
through (6).
(c) Treatment of Production.--For purposes of this section, a
battery shall be treated as produced by an entity specified in
subsection (b) if that entity--
(1) assembles or manufactures the final product; or
(2) creates or otherwise provides a majority of the components
used in the battery.
(d) Waiver.--The Secretary of Defense may waive the limitation
under subsection (a).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Annual report on unfunded priorities of the Under Secretary of
Defense for Research and Engineering.
Sec. 212. Delegation of responsibility for certain research programs.
Sec. 213. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 214. Clarifying role of partnership intermediaries to promote
defense research and education.
Sec. 215. Naval Air Warfare Rapid Capabilities Office.
Sec. 216. Modification of support for research and development of
bioindustrial manufacturing processes.
Sec. 217. Modification to administration of the Advanced Sensors
Application Program.
Sec. 218. Matters pertaining to hypersonic capabilities and testing
strategies.
Sec. 219. Improvements to defense quantum information science and
technology research and development program.
Sec. 220. Application of public-private talent exchange programs in the
Department of Defense to quantum information sciences and
technology research.
Sec. 221. Support for protection of sensitive research performed on
behalf of the Department of Defense.
Sec. 222. Support to the Defence Innovation Accelerator for the North
Atlantic.
Sec. 223. Consortium on use of additive manufacturing for defense
capability development.
Sec. 224. Next Generation Air Dominance family of systems development
program accountability matrices.
Sec. 225. Continuous capability development and delivery program for F-
35 aircraft.
Sec. 226. F-35 propulsion and thermal management modernization program.
Sec. 227. Establishment or expansion of University Affiliated Research
Centers for critical materials.
Sec. 228. Policies for management and certification of Link 16 military
tactical data link network.
Sec. 229. Rapid response to emergent technology advancements or threats.
Sec. 230. Pilot program to commercialize prototypes of the Department of
the Air Force.
Sec. 231. Pilot program on near-term quantum computing applications.
Sec. 232. Pilot program to facilitate access to advanced technology
developed by small businesses for ground vehicle systems of
the Army.
Sec. 233. Limitation on availability of funds pending documentation on
Future Attack Reconnaissance Aircraft program.
Subtitle C--Energetics and Other Munitions Matters
Sec. 241. Joint Energetics Transition Office.
Sec. 242. Consideration of lethality in the analysis of alternatives for
munitions.
Sec. 243. Pilot program on incorporation of the CL20 compound in certain
weapon systems.
Sec. 244. Limitation on sourcing chemical materials for munitions from
certain countries.
Sec. 245. Defense industrial base munition surge capacity critical
reserve.
Subtitle D--Plans, Reports, and Other Matters
Sec. 251. Congressional notification of changes to Department of Defense
policy on autonomy in weapon systems.
Sec. 252. Audit to identify diversion of Department of Defense funding
to China's research labs.
Sec. 253. Annual review of status of implementation plan for digital
engineering career tracks.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. ANNUAL REPORT ON UNFUNDED PRIORITIES OF THE UNDER
SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING.
Chapter 9 of title 10, United States Code, is amended by inserting
after section 222d the following new section:
``Sec. 222e. Unfunded priorities of the Under Secretary of Defense for
Research and Engineering: annual report
``(a) Annual Report.--Not later than 10 days after the date on
which the budget of the President for a fiscal year is submitted to
Congress pursuant to section 1105 of title 31, the Secretary of Defense
shall submit to the congressional defense committees a report on the
unfunded priorities of the Department of Defense related to activities
for which the Under Secretary of Defense for Research and Engineering
has authority.
``(b) Elements.--
``(1) In general.--Except as provided in subsection (c), each
report submitted under subsection (a) shall specify, for each
unfunded priority covered by such report, the following:
``(A) A summary description of such priority, including the
objectives to be achieved if such priority is funded (whether
in whole or in part).
``(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(C) Account information with respect to such priority,
including the following (as applicable):
``(i) Line Item Number (LIN) for applicable procurement
accounts.
``(ii) Program Element (PE) number for applicable
research, development, test, and evaluation accounts.
``(2) Prioritization of priorities.--The report under
subsection (a) shall present the unfunded priorities covered by
such report in order of urgency of priority.
``(c) Exclusion of Priorities Covered in Other Reports.--The report
submitted under subsection (a) shall not include unfunded priorities or
requirements covered in reports submitted under--
``(1) section 222a or 222b of this title; or
``(2) section 2806 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 222a note).
``(d) Form of Report.--Each report submitted under subsection (a)
shall be submitted in classified form, but may include an unclassified
summary as the Secretary considers appropriate.
``(e) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a program,
activity, or mission requirement, that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105 of
title 31; and
``(2) would have been recommended for funding through that
budget if--
``(A) additional resources had been available for the
budget to fund the program, activity, or mission requirement;
or
``(B) the program, activity, or mission requirement has
emerged since the budget was formulated.''.
SEC. 212. DELEGATION OF RESPONSIBILITY FOR CERTAIN RESEARCH
PROGRAMS.
Section 980(b) of title 10, United Stated Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may delegate the authority provided by
paragraph (1) to the Under Secretary of Defense for Research and
Engineering.''.
SEC. 213. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092(b) of title 10, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``, of which not more than
5 such positions may be positions of administration or management
of the Agency''; and
(2) by amending paragraph (4) to read as follows:
``(4) during any fiscal year--
``(A) pay up to 15 individuals newly appointed pursuant to
paragraph (1)(B) the travel, transportation, and relocation
expenses and services described under sections 5724, 5724a, and
5724c of title 5; and
``(B) pay up to 15 individuals previously appointed
pursuant to such paragraph, upon separation, the travel,
transportation, and relocation expenses and services described
under such sections (as applicable).''.
SEC. 214. CLARIFYING ROLE OF PARTNERSHIP INTERMEDIARIES TO PROMOTE
DEFENSE RESEARCH AND EDUCATION.
Section 4124(f)(2) of title 10, United States Code, is amended--
(1) by striking ``that assists'' and inserting the following:
``that--
``(A) assists'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(B) facilitates technology transfer from industry or academic
institutions to a Center; or
``(C) assists and facilitates workforce development in critical
technology areas for technology transition activities to fulfill
unmet needs of a Center.''.
SEC. 215. NAVAL AIR WARFARE RAPID CAPABILITIES OFFICE.
Chapter 803 of title 10, United States Code, is amended by adding
at the end the following new section:
``Sec. 8029. Naval Air Warfare Rapid Capabilities Office
``(a) Establishment.--There is established within the Department of
the Navy an office to be known as the Naval Air Warfare Rapid
Capabilities Office (in this section referred to as the `Office').
``(b) Head of Office.--The head of the Office shall be the designee
of the Commander of the Naval Air Systems Command.
``(c) Mission.--The mission of the Office shall be--
``(1) to fulfill naval and joint military operational
requirements by supporting the identification and rapid development
of--
``(A) new naval aviation weapons and airborne electronic
warfare capabilities;
``(B) innovative applications for existing naval aviation
weapons and airborne electronic warfare capabilities; and
``(C) other innovative solutions to enhance the
effectiveness of naval aviation weapons and airborne electronic
warfare capabilities; and
``(2) to contribute to the rapid experimentation, development,
testing, and fielding of unclassified and classified naval aviation
weapons and airborne electronic warfare capabilities.
``(d) Acquisition Authorities.--
``(1) In general.--To procure goods or services for the Office,
the senior contracting official (as defined in section 1737 of this
title) and any members of the acquisition workforce for the
Department of the Navy may use--
``(A) any applicable pathway of the adaptive acquisition
framework (as described in Department of Defense Instruction
5000.02, `Operation of the Adaptive Acquisition Framework');
and
``(B) any other alternative acquisition pathway that allows
for accelerated or flexible methods of contracting.
``(2) Inapplicability of jcids.--The Joint Capabilities
Integration and Development System process shall not apply to
procurements described in paragraph (1).
``(e) Required Program Elements.--The Secretary of the Navy shall
ensure, within budget program elements for naval air warfare programs,
that--
``(1) there are separate, dedicated program elements for naval
air warfare rapid capabilities; and
``(2) the Office executes the responsibilities of the Office
using such program elements.
``(f) Executive Oversight Board.--
``(1) In general.--There is an executive oversight board for
the Office which shall consist of the officials specified in
paragraph (2). The executive oversight board shall provide
prioritization, oversight, and approval of projects of the Office.
``(2) Officials specified.--The officials specified in this
paragraph are the following:
``(A) The Vice Chief of Naval Operations.
``(B) The Assistant Commandant of the Marine Corps.
``(C) The Assistant Secretary of the Navy for Research,
Development and Acquisition.
``(D) The Commander of the Naval Air Systems Command.
``(g) Annual Reports and Briefings.--
``(1) Report.--On an annual basis, the head of the Office shall
submit to the executive oversight board described in subsection (f)
a report on the activities of the Office.
``(2) Briefing.--On an annual basis following the submittal of
the report under paragraph (1), the Assistant Secretary of the Navy
for Research, Development and Acquisition shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the activities of the Office.
``(3) Elements.--Each report under paragraph (1) and briefing
under paragraph (2) shall include, with respect to the year
preceding the date of the report or briefing (as applicable), a
description of--
``(A) funding allocations for the projects of the Office;
``(B) capability gaps addressed by the Office;
``(C) the progress of the Office in experimenting,
developing, testing, and fielding capabilities described in
subsection (c); and
``(D) any barriers to the ability of the Office to carry
out its mission, including any legislative or regulatory
barriers.''.
SEC. 216. MODIFICATION OF SUPPORT FOR RESEARCH AND DEVELOPMENT OF
BIOINDUSTRIAL MANUFACTURING PROCESSES.
Section 215(c)(1) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C.
4841 note) is amended by inserting ``pharmaceutical biologics and
associated precursor materials,'' after ``commodity chemicals,''.
SEC. 217. MODIFICATION TO ADMINISTRATION OF THE ADVANCED SENSORS
APPLICATION PROGRAM.
Section 218 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2476) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Commander of Naval
Air Systems Command and the Director of Air Warfare shall
jointly serve as the resource sponsors'' and inserting ``The
Under Secretary of Defense for Intelligence and Security,
acting through the Director of the Concepts, Development, and
Management Office of the Air Force, shall serve as the resource
sponsor''; and
(B) in paragraph (2), by striking ``The resource sponsors
of the Program shall be responsible'' and inserting ``The
resource sponsor of the Program, in consultation with the
Commander of Naval Air Systems Command, shall be responsible'';
(2) in subsection (b), by striking ``Only the Secretary of the
Navy, the Under Secretary of the Navy, and the Commander of Naval
Air Systems Command may'' and inserting ``Only the Under Secretary
of Defense for Intelligence and Security and the Director of the
Concepts, Development, and Management Office of the Air Force, in
consultation with the Commander of Naval Air Systems Command,
may''; and
(3) in subsection (d)(3), by striking ``exercised by the
Commander of Naval Air Systems Command, the Secretary of the Navy,
or the Under Secretary of the Navy'' and inserting ``exercised by
the Under Secretary of Defense for Intelligence and Security, the
Director of the Concepts, Development, and Management Office of the
Air Force, or the Commander of Naval Air Systems Command''.
SEC. 218. MATTERS PERTAINING TO HYPERSONIC CAPABILITIES AND TESTING
STRATEGIES.
(a) Biennial Updates to Hypersonics Testing Strategy.--Section
237(c) of the National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2492) is amended by adding at the end
the following new paragraph:
``(4) Biennial updates.--
``(A) In general.--Not less frequently than once every two
years after the submittal of the initial strategy under
paragraph (1), the Secretary of Defense shall--
``(i) revise and update the strategy; and
``(ii) submit the revised and updated strategy to the
appropriate congressional committees.
``(B) Sunset.--The requirement to prepare and submit
updates under this paragraph shall terminate on December 31,
2030.''.
(b) Limitation on Availability of Funds Pending Submittal of
Strategy.--Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2024, and available for the
Office of the Under Secretary of Defense for Research and Engineering
for the travel of persons, not more than 90 percent may be obligated or
expended until the date on which the Secretary of Defense submits to
the congressional defense committees the strategy required under
section 237(c)(1) of the National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 136 Stat. 2492).
(c) Evaluation of Potential Hypersonic Test Ranges.--
(1) Study.--The Secretary of Defense shall conduct a study to
evaluate not fewer than two possible locations in the United
States, selected in consultation with the Under Secretary of
Defense for Research and Engineering, that have potential to be
used as additional corridors for long-distance hypersonic system
testing.
(2) Activities under national environmental policy act.--
Following the completion of the study under paragraph (1), the
Secretary of Defense shall initiate any activities required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) in connection with the conduct of long-distance hypersonic
system testing at the locations evaluated under the study.
(3) Report.--Not later than December 31, 2024, the Secretary of
Defense shall submit to the congressional defense committees, the
Committee on Energy and Natural Resources of the Senate, and the
Committee on Natural Resources of the House of Representatives a
report on the results of the study conducted under paragraph (1).
(d) Annual Report on Funding and Investments in Hypersonic
Capabilities.--
(1) In general.--Not later than March 1, 2024, and not later
than March 1 of each year thereafter through 2030, the Secretary of
Defense shall submit to the congressional defense committees a
report on the funding and investments of the Department of Defense
relating to hypersonic capabilities, including any funding or
investments with respect to the procurement, research, development,
test, and evaluation, and operation and maintenance of offensive
and defensive hypersonic weapons.
(2) Elements.--Each report under paragraph (1) shall--
(A) include cost data on the hypersonic capabilities of the
Department of Defense, including vehicles, developmental and
operational testing, hypersonic sensors, command and control
architectures, infrastructure, testing infrastructure,
software, workforce, training, ranges, integration costs, and
such other items as the Secretary of Defense considers
appropriate;
(B) to the extent applicable, for each item included in the
report, identify whether such item relates to an offensive or
defensive hypersonic capability;
(C) with respect to any research and development activities
covered by the report, identify--
(i) the program element for the activity;
(ii) the name of the entity that is carrying out the
activity; and
(iii) the purpose of the activity; and
(D) to the extent applicable, with respect to any
developmental ground and flight testing and operational test
and evaluation activities covered by the report, identify--
(i) the program element for the activity;
(ii) the name of the entity that is carrying out the
activity; and
(iii) the purpose of the activity.
(3) Form.--Each report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 219. IMPROVEMENTS TO DEFENSE QUANTUM INFORMATION SCIENCE AND
TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
Section 234 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4001 note) is
amended--
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new
subsections:
``(f) Fellowships.--
``(1) Program authorized.--In carrying out the program under
subsection (a) and subject to the availability of appropriations to
carry out this subsection, the Secretary may carry out a program of
fellowships in quantum information science and technology research
and development for individuals who have a graduate or postgraduate
degree.
``(2) Equal access.--In carrying out the program under
paragraph (1), the Secretary may establish procedures to ensure
that minority, geographically diverse, and economically
disadvantaged students have equal access to fellowship
opportunities under such program.
``(g) Multidisciplinary Partnerships With Universities.--In
carrying out the program under subsection (a), the Secretary of Defense
may develop partnerships with universities to enable students to engage
in multidisciplinary courses of study.''.
SEC. 220. APPLICATION OF PUBLIC-PRIVATE TALENT EXCHANGE PROGRAMS IN
THE DEPARTMENT OF DEFENSE TO QUANTUM INFORMATION SCIENCES AND
TECHNOLOGY RESEARCH.
(a) In General.--Using the authority provided under section 1599g
of title 10, United States Code, the Secretary of Defense shall seek to
establish public-private talent exchange programs with private-sector
entities working on quantum information sciences and technology
research applications.
(b) Maximum Number of Participants.--Each public-private talent
exchange program established under subsection (a) may include not more
than 10 program participants.
(c) Program Participant Defined.--For purposes of subsection (b),
the term ``program participant'' includes--
(1) an employee of the Department of Defense who is assigned to
a private-sector organization pursuant to subsection (a); and
(2) an employee of a private-sector organization who is
assigned to a Department of Defense organization pursuant to such
subsection.
SEC. 221. SUPPORT FOR PROTECTION OF SENSITIVE RESEARCH PERFORMED ON
BEHALF OF THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, acting through the Under
Secretary of Defense for Research and Engineering, may enter into
contracts or other agreements with one or more eligible entities to
assist institutions of higher education in protecting sensitive
research performed on behalf of the Department of Defense.
(b) Activities.--An eligible entity that enters into a contract or
other agreement with the Secretary of Defense under subsection (a)
shall carry out activities to assist institutions of higher education
in protecting sensitive research performed on behalf of the Department
of Defense. Such activities may include--
(1) conducting effective due diligence in vetting visiting
scholars;
(2) assisting institutions in meeting applicable research
security requirements, including through the use of common
procedures and practices and shared infrastructure, as appropriate;
(3) providing training to employees and offices of the
institution that have responsibilities relating to research
security; and
(4) providing advice and assistance to institutions in
establishing and maintaining research security programs.
(c) Considerations.--In selecting an entity to receive a contract
or other agreement under subsection (a), the Secretary of Defense shall
consider the following:
(1) Geographic diversity and the extent to which the entity is
able to maximize coverage of different regions of the United
States.
(2) Any ratings of the entity made by the Defense
Counterintelligence and Security Agency as part of the Agency's
annual security vulnerability assessment ratings.
(3) Whether and to what extent the entity uses best practices
for research security as outlined by the National Institute of
Standards and Technology.
(4) The entity's demonstrated excellence in security programs,
including receipt of awards for excellence in counterintelligence
and outstanding achievement in industrial security.
(d) Performance Metrics.--The Secretary of Defense shall establish
metrics to measure the performance of each entity with which the
Secretary enters into a contract or other agreement under subsection
(a).
(e) Notification and Report.--For any year in which the Secretary
of Defense exercises the authority provided under subsection (a), the
Secretary shall submit to the congressional defense committees a report
that--
(1) identifies each eligible entity with which the Secretary
entered into a contract or other agreement under such subsection;
and
(2) evaluates the performance of the entity.
(f) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means--
(1) an entity the Secretary of Defense determines to be
eligible to participate in the activities authorized under this
section; or
(2) a consortium composed of two or more such entities.
SEC. 222. SUPPORT TO THE DEFENCE INNOVATION ACCELERATOR FOR THE
NORTH ATLANTIC.
(a) Authority.--Subject to the availability of appropriations, the
Secretary of Defense, acting through the Under Secretary of Defense for
Research and Engineering, is authorized to make available not more than
$15,000,000 for each of fiscal years 2024 through 2029 to the North
Atlantic Treaty Organization for the joint fund established for the
Defence Innovation Accelerator for the North Atlantic (DIANA)
initiative (referred to in this section as the ``Initiative'') to
sustain the participation of the United States in such initiative.
(b) Notification.--
(1) In general.--Not later than 15 days after each instance in
which the Secretary of Defense provides funds to the Initiative
pursuant to subsection (a), the Secretary, acting through the Under
Secretary of Defense for Research and Engineering, shall submit to
the appropriate congressional committees written notice that such
funds were provided.
(2) Contents.--Each notification submitted under paragraph (1)
shall include the following:
(A) The total amount of funding provided under subsection
(a) together with a detailed breakdown showing the specific
amounts and purposes for which such funds are intended to be
used, if any.
(B) The time period for which such funds are provided.
(c) Strategy.--
(1) In general.--Not later than July 1, 2024, the Secretary of
Defense, acting through the Under Secretary of Defense for Research
and Engineering, shall submit to the appropriate congressional
committees a strategy for participation by the United States in the
Initiative.
(2) Contents.--The strategy under paragraph (1) shall include
the following:
(A) A description of how the Initiative fits into the
science, technology, and innovation activities of the North
Atlantic Treaty Organization and how the Initiative is
synchronized with and expected to interact with other science,
technology, and innovation activities of the Department of
Defense.
(B) The anticipated funding profile for the Initiative
across the period covered by the most recent future-years
defense program submitted to Congress under section 221 of
title 10, United States Code (as of the date of the strategy).
(C) Identification of key technology focus areas to be
addressed each year under the Initiative across such period.
(D) A description of any anticipated areas of expansion in
the Initiative, including any anticipated expansion of the
Initiative to or within key nodes or locations that have
strategic value for national security and where there is also a
significant presence of technology-oriented startup businesses.
(E) A description of how the Initiative is expected to
contribute to fostering the spread of innovation throughout the
United States.
(d) Annual Report.--Not later than September 1, 2024, and not later
than February 1 of each year thereafter through 2030, the Secretary of
Defense shall submit to the congressional defense committees an annual
report on--
(1) the activities of the Initiative that were supported by the
Department of Defense under subsection (a) in the year preceding
the date of the report; and
(2) any key milestones or other objectives that were achieved
under the initiative in such year.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of
Representatives; and
(3) the Committee on Foreign Relations of the Senate.
SEC. 223. CONSORTIUM ON USE OF ADDITIVE MANUFACTURING FOR DEFENSE
CAPABILITY DEVELOPMENT.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall establish a
consortium to facilitate the use of additive manufacturing for the
development of capabilities for the Department of Defense. The
consortium shall be known as the ``Consortium on Additive Manufacturing
for Defense Capability Development'' (referred to in this section as
the ``Consortium'').
(b) Composition.--The Consortium shall be composed of qualified
organizations, selected by the Secretary of Defense, that have
functions and expertise relevant to additive manufacturing. At a
minimum, the Consortium shall include the following:
(1) Representation from one or more science and technology
reinvention laboratories (as designated under section 4121 of title
10, United States Code) from each of the military departments,
which may include--
(A) from the Department of the Army--
(i) the Combat Capabilities Development Command, Army
Research Laboratory;
(ii) the Combat Capabilities Development Command,
Aviation and Missile Center;
(iii) the Combat Capabilities Development Command,
Armaments Center;
(iv) the Combat Capabilities Development Command,
Ground Vehicle Systems Center;
(v) the Combat Capabilities Development Command,
Soldier Center;
(vi) the Combat Capabilities Development Command,
Chemical Biological Center;
(vii) the Combat Capabilities Development Command,
Command, Control, Communications, Computers, Cyber,
Intelligence, Surveillance, and Reconnaissance Center; and
(viii) the Space and Missile Defense Command, Technical
Center;
(ix) the Engineer Research and Development Center;
(x) the Medical Research and Development Command; and
(xi) the Army Research Institute for the Behavioral and
Social Sciences;
(B) from the Department of the Navy--
(i) the Naval Research Laboratory;
(ii) the Office of Naval Research;
(iii) the Naval Air Systems Command Warfare Centers;
(iv) the Naval Sea Systems Command Warfare Centers;
(v) the Naval Facilities Engineering Command,
Engineering and Expeditionary Warfare Center;
(vi) the Naval Medical Research Center; and
(vii) the Naval Information Warfare Centers, Atlantic
and Pacific; and
(C) from the Department of the Air Force--
(i) the Air Force Research Laboratory; and
(ii) the Joint Warfighting Analysis Center.
(2) Representation from one or more maintenance, logistics, or
sustainment organizations from each of the military departments.
(3) One or more organizations from private sector industry.
(4) One or more institutions of higher education or other
research institutions.
(c) Activities.--The Consortium shall--
(1) facilitate the use of additive manufacturing--
(A) to significantly reduce logistic footprints, material
costs, and delivery lead-times; and
(B) to extended logistical supply chain dependencies that
often challenge weapon system readiness for forward deployed
warfighters;
(2) develop standards and a certification process for the use
of additive manufacturing in safety-critical applications,
including additive material and part certification requirements for
additive manufactured items intended for use in military vehicles;
(3) evaluate, adapt, or apply the standards developed in the
commercial sector, or new process approaches for additive
manufacturing that may be of use to the Department of Defense;
(4) as directed by an organization of the Department of Defense
included in the Consortium, conduct reverse engineering (including
testing and certification) for critical parts which may have
limited sources of supply;
(5) use data standards, common repositories, and information
security to track, store, and secure technical data relating to
additive manufacturing and ensure the interoperability of such
data; and
(6) conduct comparative cost analyses for new and emerging
additive manufacturing approaches, including assessments of life-
cycle costs for tooling, training, and intellectual property needed
to sustain such approaches.
SEC. 224. NEXT GENERATION AIR DOMINANCE FAMILY OF SYSTEMS
DEVELOPMENT PROGRAM ACCOUNTABILITY MATRICES.
(a) Submittal of Matrices.--Concurrent with the submission of the
budget of the President to Congress pursuant to section 1105(a) of
title 31, United States Code, for fiscal year 2025--
(1) the Secretary of the Air Force shall submit to the
congressional defense committees and the Comptroller General of the
United States the matrices described in subsection (b) relating to
the Next Generation Air Dominance piloted fighter aircraft and the
autonomous, uncrewed Collaborative Combat Aircraft programs of the
Air Force; and
(2) the Secretary of the Navy shall submit to the congressional
defense committees and the Comptroller General of the United States
the matrices described in subsection (b) relating to the Next
Generation Air Dominance piloted fighter aircraft and the
autonomous, uncrewed Collaborative Combat Aircraft programs of the
Navy and the Marine Corps.
(b) Matrices Described.--The matrices described in this subsection
are the following:
(1) Engineering manufacturing and development goals.--A matrix
that identifies, in six month increments, key milestones,
development and testing events, and specific performance goals for
the engineering manufacturing and development phase (referred to in
this section as the ``EMD phase'') of the programs described in
subsection (a), and which shall be subdivided, at a minimum,
according to the following:
(A) Technology readiness levels of major components and
subsystems and key demonstration and testing events.
(B) Design maturity.
(C) Software maturity.
(D) Subsystem and system-level integration maturity.
(E) Manufacturing readiness levels for critical
manufacturing operations and key demonstration and testing
events.
(F) Manufacturing operations.
(G) System verification, validation, and key flight test
events.
(H) Reliability.
(I) Availability for flight operations.
(J) Maintainability.
(2) Cost.--A matrix expressing, in six month increments, the
total cost for the Secretary's service cost position for the EMD
phase and low initial rate of production lots of the programs
described in subsection (a) and a matrix expressing the total cost
for the prime contractor's estimate for such EMD phase and
production lots, both of which shall be phased over the entire EMD
period and subdivided according to the costs of the following:
(A) Air vehicle.
(B) Propulsion.
(C) Mission systems.
(D) Vehicle subsystems.
(E) Air vehicle software.
(F) Systems engineering.
(G) Program management.
(H) System test and evaluation.
(I) Support and training systems.
(J) Contract fee.
(K) Engineering changes.
(L) Direct mission support, including Congressional General
Reductions.
(M) Government testing.
(N) Ancillary aircraft equipment.
(O) Initial spares.
(P) Contractor support.
(Q) Modifications.
(c) Semiannual Update of Matrices.--
(1) In general.--Each Secretary concerned shall submit to the
congressional defense committees and the Comptroller General of the
United States updates to the matrices described in subsection (b)
as follows:
(A) The first update shall be submitted not later than 180
days after the date on which the Secretaries concerned submit
the initial matrices as required by subsection (a).
(B) Following the first update under paragraph (1),
additional updates shall be submitted--
(i) concurrent with the submission of the budget of the
President to Congress pursuant to section 1105(a) of title
31, United States Code, for each fiscal year; and
(ii) not later than 180 days after each such submittal.
(2) Elements.--Each update submitted under paragraph (1) shall
detail progress made toward the goals identified in the matrix
described in subsection (b)(1) and provide updated cost estimates
as described in subsection (b)(2).
(3) Treatment of initial matrices as baseline.--The initial
matrices submitted pursuant to subsection (a) shall be treated as
the baseline for the full EMD phase and low-rate initial production
of the programs described in subsection (a) for purposes of the
updates submitted pursuant to paragraph (1) of this subsection.
(d) Assessment by Comptroller General of the United States.--Not
later than the date that is 60 days after the date on which the
Comptroller General of the United States receives an update to a matrix
under subsection (c)(1), the Comptroller General shall review the
sufficiency of such matrix and submit to the congressional defense
committees an assessment of such matrix, including by identifying cost,
schedule, or performance trends.
(e) Key Performance Parameter Requirements.--
(1) In general.--Each Secretary concerned shall develop key
performance parameters (referred to in this section as ``cost
KPPs)'' for the threshold and objective costs of the programs
described in subsection (a) under the jurisdiction of such
Secretary and shall include those values as program performance
requirements in any capability development document or system
requirements document for the program involved. Each cost KPP shall
include, for each cost category specified in paragraph (2)--
(A) a threshold value indicating the highest acceptable
cost for that category, as determined by the Secretary
concerned; and
(B) an objective value indicating the lowest cost expected
to be achieved for that category, as determined by the
Secretary concerned.
(2) Cost categories specified.--The cost categories specified
in this paragraph are the following:
(A) Unit recurring flyaway cost.
(B) Average procurement unit cost.
(C) Gross/weapon system unit cost.
(D) Aircraft cost-per-tail-per-year.
(E) Aircraft cost-per-flight-hour.
(f) Definitions.--In this section, the term ``Secretary concerned''
means--
(1) the Secretary of the Navy, with respect to aircraft
programs of the Navy and the Marine Corps; and
(2) the Secretary of the Air Force, with respect to aircraft
programs of the Air Force.
SEC. 225. CONTINUOUS CAPABILITY DEVELOPMENT AND DELIVERY PROGRAM
FOR F-35 AIRCRAFT.
(a) Designation of Major Subprogram.--In accordance with section
4203 of title 10, United States Code, the Secretary of Defense shall
designate all Block 4 and Technical Refresh-3 elements of the F-35
aircraft acquisition program, collectively, as a single major
subprogram of the F-35 aircraft acquisition program.
(b) Procurement of F-35 Developmental Testing Aircraft.--
(1) In general.--From the aircraft described in paragraph (2),
the Program Executive Officer for the F-35 aircraft program shall
designate two F-35A aircraft, two F-35B aircraft, and two F-35C
aircraft to be manufactured and delivered, by not later than the
end of 2030, in a necessary configuration that would adequately
support future F-35 developmental testing activities.
(2) Aircraft described.--The aircraft described in this
paragraph are F-35 aircraft to be procured--
(A) as part of the Lot 19 production lot or a subsequent
production lot for F-35 aircraft; and
(B) using funds made available for fiscal year 2024 or a
subsequent fiscal year for the procurement of F-35 aircraft.
SEC. 226. F-35 PROPULSION AND THERMAL MANAGEMENT MODERNIZATION
PROGRAM.
(a) Establishment and Validation of Requirements.--The Secretary of
the Air Force (with respect to F-35A aircraft of the Air Force) and the
Secretary of the Navy (with respect to F-35B and F-35C aircraft of the
Navy and the Marine Corps) shall each--
(1) establish requirements for the propulsion, power and
cooling, thermal management, and electrical power systems of the F-
35 aircraft system that adequately support the planned service-life
and all planned mission systems hardware and software capability
upgrades for such aircraft system;
(2) validate the requirements; and
(3) promptly provide the validated requirements to the Program
Executive Officer for the F-35 aircraft acquisition program.
(b) Cost-benefit and Technical Risk Analysis.--
(1) In general.--Based on the requirements established and
validated under subsection (a), the Program Executive Officer for
the F-35 aircraft acquisition program shall conduct a complete and
comprehensive cost-benefit and technical risk analysis that
evaluates and determines the upgrades and modernization required of
the F-35 aircraft system to support all of the requirements
established under such subsection.
(2) Elements.--The cost-benefit and technical risk analysis
conducted under paragraph (1) shall assess, at a minimum, the cost,
risk, modernization, integration activities, and acquisition
strategy required for the upgrade and modernization options
available for the following major subsystems of F-35 aircraft:
(A) The aircraft propulsion system and gearbox.
(B) The power and thermal management system.
(C) The fuel thermal management system.
(D) The electrical power system.
(E) The engine ice protection system.
(F) Mission systems hardware, avionics, sensors, and
weapons.
(G) Any additional systems of the F-35 aircraft system the
Program Executive Officer determines to be relevant to support
the planned service-life requirements for each variant of such
aircraft.
(3) Limitation on commencement.--The Program Executive Officer
may not commence the analysis required under paragraph (1) until
the requirements established under subsection (a) have been
provided to the Officer.
(4) Independent cost estimate.--In addition to developing the
cost-benefit analysis under paragraph (1), the Program Executive
Officer shall also obtain an independent cost estimate from an
organization within the Department of Defense that is not directly
associated with the Office of the Program Executive Officer, the
Department of the Air Force, or the Department of the Navy.
(5) Report.--Following the completion of the analysis under
paragraph (1) and the independent cost estimate under paragraph
(4), but not later than July 1, 2024, the Program Executive Officer
shall submit to the congressional defense committees--
(A) a report on the results of the analysis under paragraph
(1); and
(B) a copy of the cost estimate obtained under paragraph
(4).
(c) Designation of Major Subprogram.--In accordance with section
4203 of title 10, United States Code, the Secretary of Defense shall
designate all activities relating to the modernization, upgrade, and
integration of the major subsystems included in the analysis under
subsection (b)(1), collectively, as a single major subprogram of the F-
35 aircraft acquisition program.
SEC. 227. ESTABLISHMENT OR EXPANSION OF UNIVERSITY AFFILIATED
RESEARCH CENTERS FOR CRITICAL MATERIALS.
(a) Feasibility and Advisability Assessment.--The Secretary of
Defense, in consultation with the Under Secretary of Defense for
Research and Engineering, shall--
(1) assess the feasibility and advisability of establishing a
new University Affiliated Research Center (in this section referred
to as a ``UARC'') or expanding an existing UARC at a specified
covered educational institution; and
(2) submit a recommendation regarding the feasibility and
advisability of such establishment or expansion to the
congressional defense committees.
(b) Determination.--Not later than 15 days after submitting the
assessment required under subsection (a) the Secretary of Defense shall
determine whether it is feasible and advisable to establish or expand a
UARC and--
(1) for a positive determination, submit to the congressional
defense committees a plan described in subsection (c); and
(2) for a negative determination, submit to the congressional
defense committees a justification for such determination that
includes the data and analysis to support such determination.
(c) Plan.--If the Secretary of Defense determines that establishing
or expanding a UARC is feasible and advisable under subsection (b), the
Secretary shall submit to the congressional defense committees a plan
for such establishment or expansion, including an assessment of the
institutional capacity of the covered educational institution at which
such UARC is to be established or expanded.
(d) Elements.--The plan described in subsection (c) shall include
the following:
(1) An assessment of the engineering, applied research,
commercialization, or workforce development capabilities relating
to critical materials for national security purposes of the United
States of the covered educational institution at which the UARC
will be established or expanded, including an assessment of the
personnel and physical research infrastructure of such institution.
(2) An assessment of the ability of such institution--
(A) to participate in engineering, applied research,
commercialization, and workforce development activities
relating to critical materials for national security purposes
of the United States;
(B) to effectively compete for engineering, applied
research, commercialization, and workforce development
contracts and grants relating to critical materials for
national security purposes of the United States; and
(C) to support the mission of the Under Secretary.
(3) An assessment of the activities and investments necessary--
(A) to augment facilities or educational programming at
such institution--
(i) to support the mission of the Under Secretary;
(ii) to access, secure, and conduct research relating
to sensitive or classified information; and
(iii) to respond quickly to emerging engineering,
applied research, commercialization, and workforce
development needs relating to critical materials;
(B) to increase the participation of such institutions in
engineering, applied research, commercialization, and workforce
development activities; and
(C) to increase the ability of such institutions to
effectively compete for engineering, applied research,
commercialization, and workforce development contracts and
grants.
(4) Recommendations identifying actions that may be taken by
the Secretary, the Under Secretary, Congress, such institutions,
and other organizations to increase the participation of such
institutions in engineering, applied research, commercialization,
and workforce development activities, contracts, and grants
relating to critical materials.
(5) Any specific goals, incentives, and metrics developed by
the Secretary to increase and measure the capacity of such
institutions to address the engineering, applied research,
commercialization, and workforce development needs of the
Department of Defense relating to critical materials.
(e) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary shall--
(1) submit to the congressional defense committees a report
that includes the plan developed under this subsection; and
(2) make the plan available on a publicly accessible website of
the Department of Defense.
(f) Support to Covered Educational Institutions.--
(1) In general.--The Under Secretary of Defense for Research
and Engineering may establish a program to award contracts, grants,
or other agreements on a competitive basis to a covered educational
institution, and to perform other appropriate activities, for the
purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph are the
following:
(A) Developing the capability, including workforce and
research infrastructure capabilities, for covered educational
institutions to more effectively compete for Federal
engineering, applied research, commercialization, and workforce
development funding opportunities.
(B) Improving the capability of covered educational
institutions to--
(i) recruit and retain research faculty;
(ii) participate in appropriate personnel exchange
programs; and
(iii) participate in appropriate educational and career
development activities.
(C) Any other purposes the Under Secretary determines
appropriate for enhancing the engineering, applied research,
commercialization, and development capabilities of covered
educational institutions.
(g) Definitions.--In this section:
(1) Covered educational institution.--The term ``covered
educational institution'' means--
(A) a mining, metallurgical, geological, or mineral
engineering program--
(i) accredited by a non-governmental organization that
accredits post-secondary education programs in applied and
natural science, engineering technology, and computing; and
(ii) located at an institution of higher education; or
(B) any other post-secondary educational institution with a
geology or engineering program or department that has
experience in mining research or work with the mining industry.
(2) Critical materials.--The term ``critical materials'' means
materials designated as strategic and critical under section 3(a)
of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98b(a)).
(3) Institution of higher education.--For purposes of paragraph
(1), the term ``institution of higher education'' has the meaning
given in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
SEC. 228. POLICIES FOR MANAGEMENT AND CERTIFICATION OF LINK 16
MILITARY TACTICAL DATA LINK NETWORK.
(a) Policies Required.--The Secretary of Defense shall develop and
implement policies to adapt Link 16 system management and certification
to align with agile development practices.
(b) Elements.--The policies required by subsection (a) shall
include the following:
(1) A standardized process through a Chairman, Joint Chiefs of
Staff Manual, to allow Link 16 frequency use within approved
special use airspaces for the purpose of testing radio systems and
associated software that have not completed electromagnetic
compatibility features certification. Such process--
(A) shall, at a minimum, ensure routine and continued
approval for test operations of developmental systems in the
Nevada Test and Training Range, Restricted Area 2508, Warning
Area 151/470, Warning Area 386, and the Joint Pacific Alaska
Range Complex; and
(B) may incorporate standardized mitigations that enable
routine approval including effective radiated power settings
and coordination for rapid test termination.
(2) Processes to streamline approval or denial of temporary
frequency assignment for Link 16 operations to not more than 15
days for test, training, and large-scale exercises. In developing
such processes, the Secretary of Defense--
(A) shall ensure that the processes cover operations in
excess of uncoordinated operations time slot duty factor
limits, inclusion of foreign participants, and participation of
non-stage 4 approved terminals or platforms; and
(B) consider delegating sole authority for temporary
frequency assignment to the Department of Defense and the
automation of decision-making processes relating to such
assignments.
(3) Delegation of authority to the system manager for Link 16
to determine when new software within Department of Defense Link 16
terminals affects electromagnetic compatibility features and
requires recertification.
(4) The self-certification by the Department of Defense of the
compliance of the Department's radios with electromagnetic
compatibility features.
(5) Processes to internally manage Link 16 uncoordinated
operations that enable approval for test, training, and exercises
that does not exceed 15 days for systems holding an active radio
frequency authorization or temporary frequency assignment.
(c) Information to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees--
(1) a briefing on the policies developed under subsection (a),
along with a timeline for implementation of such policies; and
(2) a list of such additional resources or authorities as the
Secretary determines may be required to implement such policies.
(d) Testing Required.--
(1) In general.--In conjunction with the development of the
policies required under subsection (a), the Secretary of Defense
shall conduct, sponsor, or review testing and analysis that
determines if any effects on air traffic systems are possible due
to Link 16 terminals which have not completed electromagnetic
compatibility features certification and quantifies any such
effects. Such testing shall evaluate Link 16 transmission within
plus or minus 7 megahertz of the 1030 and 1090 megahertz frequency
bands to determine if effects on air traffic systems are possible,
under what conditions such effects could occur, and the impact of
such effects.
(2) Report.--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 results of the
testing conducted under paragraph (1), with an emphasis on
procedures that the Secretary intends to implement to negate
harmful effects on air traffic from the use of Link 16 terminals or
platforms that have not completed electromagnetic compatibility
features certification, within special use airspace.
SEC. 229. RAPID RESPONSE TO EMERGENT TECHNOLOGY ADVANCEMENTS OR
THREATS.
(a) Authorities.--Upon approval by the Secretary of Defense of a
determination described in subsection (b), the Secretary of a military
department may use the rapid acquisition and funding authorities
established pursuant to section 3601 of title 10, United States Code,
to initiate urgent or emerging operational development activities for a
period of up to one year, in order to--
(1) leverage an emergent technological advancement of value to
the national defense to address a military service-specific need;
or
(2) provide a rapid response to an emerging threat identified
by a military service.
(b) Determination.--A determination described in this subsection is
a determination by the Secretary of a military department submitted in
writing to the Secretary of Defense that provides the following:
(1) Identification of a compelling urgent or emergency national
security need to immediately initiate development activity in
anticipation of a programming or budgeting action, in order to
leverage an emergent technological advancement or provide a rapid
response to an emerging threat.
(2) Justification for why the effort cannot be delayed until
the next submission of the budget of the President (under section
1105(a) of title 31, United States Code) without harming the
national defense.
(3) Funding is identified for the effort in the current fiscal
year to initiate the activity.
(4) An appropriate acquisition pathway and programmed funding
for transition to continued development, integration, or
sustainment is identified to on-ramp this activity within two
years.
(c) Additional Procedures.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall amend the
procedures for the rapid acquisition and deployment of capabilities
needed in response to urgent operational needs prescribed pursuant
to such section 3601 to carry out this section. Such updated
procedures shall be provided to the congressional defense
committees concurrently with the promulgation to the rest of the
Department of Defense.
(2) Requirements to be included.--The procedures amended under
paragraph (1) shall include the following requirements:
(A) Funding.--(i) Subject to clause (ii), in any fiscal
year in which a determination described in subsection (b) is
made, the Secretary of the military department making the
determination may initiate the activities authorized under
subsection (a) using any funds available to the Secretary for
such fiscal year for--
(I) procurement; or
(II) research, development, test, and evaluation.
(ii) The total cost of all developmental activities within
the Department of Defense, funded under this section, may not
exceed $100,000,000 for any fiscal year.
(B) Waiver authority.--(i) Subject to clause (ii), the
Secretary of the military department making a determination
under subsection (b) may issue a waiver under subsection (d) of
such section 3601.
(ii) Chapter 221 of title 10, United States Code, may not
be waived pursuant to clause (i).
(C) Transition.--(i) Any acquisition initiated under
subsection (a) shall transition to an appropriate acquisition
pathway for transition and integration of the development
activity, or be transitioned to a newly established program
element or procurement line for completion of such activity.
(ii)(I) Transition shall be completed within one year of
initiation, but may be extended one time only at the discretion
of the Secretary of the military department for one additional
year.
(II) In the event an extension determination is made under
subclause (I), the affected Secretary of the military
department shall submit to the congressional defense
committees, not later than 30 days before the extension takes
effect, written notification of the extension with a
justification for the extension.
(3) Submittal to congress.--Concurrent with promulgation to the
Department of the amendments to the procedures under paragraph (1),
the Secretary shall submit to the congressional defense committees
the procedures updated by such amendments.
(d) Congressional Notification.--Within 15 days after the Secretary
of Defense approves a determination described in subsection (b), the
Secretary of the military department making the determination shall
provide written notification of such determination to the congressional
defense committees following the procedures for notification in
subsections (c)(4)(D) and (c)(4)(F) of such section 3601. A notice
under this subsection shall be sufficient to fulfill any requirement to
provide notification to Congress for a new start program.
SEC. 230. PILOT PROGRAM TO COMMERCIALIZE PROTOTYPES OF THE
DEPARTMENT OF THE AIR FORCE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Air Force, acting through
the Assistant Secretary of the Air Force for Acquisition, Technology,
and Logistics, shall carry out a pilot program under which the
Secretary identifies prototypes under development by the Department of
the Air Force that have the potential to be developed into commercial
products and provides support to qualified entities to carry out
projects to commercialize such prototypes.
(b) Form of Support.--The support provided to a qualified entity
under subsection (a) may include the award of--
(1) a grant;
(2) a contract or other agreement; or
(3) such other form of support as the Secretary of the Air
Force determines appropriate.
(c) Amount.--The total value of support awarded to a qualified
entity under this section may not exceed $10,000,000.
(d) Funding.--The Secretary of the Air Force shall carry out the
pilot program under this section using funds designated as budget
activity 6 (RDT&E management support) or budget activity 4 (Advanced
Component Development and Prototypes) as those budget activity
classifications are set forth in volume 2B, chapter 5 of the Department
of Defense Financial Management Regulation (DOD 7000.14-R).
(e) Application.--
(1) In general.--A qualified entity that seeks an award of
support under this section shall submit an application to the
Secretary of the Air Force at such time, in such manner, and
containing such information as the Secretary may require.
(2) Contents.--As part of the application required under
paragraph (1), a qualified entity shall--
(A) outline measures the entity will implement to give the
Department of Defense purchasing priority when supply chain
issues are a factor;
(B) certify that the entity will, with respect to the
export of any such product, comply with--
(i) International Traffic in Arms Regulations under
subchapter M of chapter I of title 22, Code of Federal
Regulations (or any successor regulations); and
(ii) any other applicable export restrictions; and
(C) acknowledge that the entity may seek advice and
assistance from the Department of the Air Force and the
Department of State in the event that the export restrictions
applicable to a commercial product developed with support under
this section--
(i) are more restrictive than the export restrictions
applicable to the component technologies that comprise the
product; and
(ii) are expected to unnecessarily impede the ability
to make the product commercially available outside the
United States.
(f) Briefing.--Not later than December 31, 2024, the Assistant
Secretary of the Air Force for Acquisition, Technology, and Logistics
shall provide to the congressional defense committees a briefing on the
implementation of the pilot program under this section and any related
policy issues.
(g) Notice to Congress.--Not later than 30 days after each instance
in which the Assistant Secretary of the Air Force for Acquisition,
Technology, and Logistics awards support to a qualified entity under
this section, the Assistant Secretary shall submit to the congressional
defense committees notice of such award.
(h) Termination.--The pilot program under this section shall
terminate on the date that is five years after the date of the
enactment of this Act.
(i) Definitions.--In this section:
(1) The term ``commercialize'', when used with respect to a
prototype, means to transition a prototype into a commercial
product.
(2) The term ``commercial product'' has the meaning given that
term in section 103 of title 41, United States Code.
(3) The term ``qualified entity'' means an individual or entity
the Secretary of the Air Force determines to be qualified to
participate in the pilot program under this section.
SEC. 231. PILOT PROGRAM ON NEAR-TERM QUANTUM COMPUTING
APPLICATIONS.
(a) Pilot Program.--The Secretary of Defense may carry out a pilot
program under which the Secretary, in partnership with the entities
specified in subsection (b), establishes and operates a program that
enables organizations of the Department of Defense, including the Armed
Forces, to test and evaluate how quantum and quantum-hybrid
applications may be used--
(1) to solve technical problems and research challenges
identified under section 234(e) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 4001 note) and such other near-term technical problems
and challenges facing the Department and the Armed Forces as the
Secretary may identify; and
(2) to provide capabilities needed by the Department and the
Armed Forces in the near-term.
(b) Entities Specified.--The Secretary of Defense shall seek to
carry out the pilot program under subsection (a) in partnership with--
(1) a federally funded research and development center,
university affiliated research center, center of excellence, or
similar entity; and
(2) one or more private-sector entities with expertise in
quantum computing and quantum information science.
(c) Activities.--Under the pilot program, the Secretary of Defense,
in partnership with the entities specified in subsection (b), may--
(1) convene a group of experts and organizations to identify
and articulate challenges faced by the Department of Defense,
including the Armed Forces, that have the potential to be addressed
by quantum and quantum-hybrid applications;
(2) develop and mature demonstrations, proofs of concept, pilot
programs, and other measures to address the challenges identified
under paragraph (1) using quantum and quantum-hybrid applications;
(3) develop pathways through which successful demonstrations,
proofs of concept, pilot programs, and other measures developed and
matured under paragraph (2) may be transitioned to more advanced
stages of research and development or into operational use within
the Department;
(4) ensure that any quantum-based or quantum-hybrid
application-based solutions identified under the program are
capable of development and deployment within the period covered by
the most recent future-years defense program submitted to Congress
under section 221 of title 10, United States Code (as of the time
of the pilot program);
(4) assess the utility of commercial quantum and quantum-hybrid
applications for meeting the near-term needs of warfighters; and
(5) seek to build and strengthen relationships between the
Department of Defense, academic institutions, small businesses, and
nontraditional defense contractors (as defined in section 3014 of
title 10, United States Code) in the technology industry that may
have unused or underused solutions to specific operational
challenges of the Department relating to quantum and quantum-hybrid
applications.
(d) Briefing and Reports.--
(1) Interim briefing.--Not later than 30 days before commencing
the pilot program under subsection (a), the Secretary of Defense
shall provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing that--
(A) identifies the entities the Secretary intends to
partner with for the purposes of carrying out the pilot
program, including--
(i) any entities specified in subsection (b);
(ii) any of the Armed Forces; and
(iii) any other departments and agencies of the Federal
Government with pre-existing quantum technology research
efforts; and
(B) describes the plan of the Secretary for developing and
operating the program.
(2) Annual report.--By December 1 of each year in which the
pilot program under subsection (a) is carried out, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report that includes--
(A) a description of the problem sets and capabilities that
were evaluated by organizations of the Department of Defense
under the program;
(B) an explanation of whether and to what extent the
program resulted in the identification of potential solutions
based on quantum and quantum-hybrid applications;
(C) any potential barriers to the use of quantum and
quantum-hybrid applications to solve near-term problems for the
Department of Defense, including the Armed Forces; and
(D) recommendations regarding how the Department of Defense
can better leverage and deploy quantum and quantum-hybrid
applications to address near-term military applications and
operational needs.
(e) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate on September 30, 2026.
(f) Definition.--In this section, the term ``quantum and quantum-
hybrid applications'' means algorithms and applications which use
quantum mechanics through quantum processing units, including--
(1) quantum-classical hybrid applications which are
applications that use both quantum computing and classical
computing hardware systems;
(2) annealing and gate systems; and
(3) all qubit modalities (including superconducting, trapped-
ion, neutral atom, and photonics).
SEC. 232. PILOT PROGRAM TO FACILITATE ACCESS TO ADVANCED TECHNOLOGY
DEVELOPED BY SMALL BUSINESSES FOR GROUND VEHICLE SYSTEMS OF THE
ARMY.
(a) Program Required.--Beginning not later than 90 days after the
date of the enactment of this Act, the Secretary of the Army shall
carry out a pilot program under which the Secretary seeks to facilitate
a contract between the Ground Vehicle Systems Center of the Army and a
non-profit research institute for the purposes of improving the ability
of the Center to access advanced technology developed by a small
business concern (as defined under section 3 of the Small Business Act
(15 U.S.C. 632)). Any such contract shall be a commercial solutions
opening contract entered into pursuant to section 3458 of title 10,
United States Code.
(b) Termination.--The authority to carry out the pilot program
under this section shall terminate five years after the date of the
enactment of this Act.
SEC. 233. LIMITATION ON AVAILABILITY OF FUNDS PENDING DOCUMENTATION
ON FUTURE ATTACK RECONNAISSANCE AIRCRAFT PROGRAM.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2024, and available for the Office of
the Secretary of the Army for the travel of persons, not more than 70
percent may be obligated or expended until the date on which the
Secretary submits to the congressional defense committees the analysis
of alternatives document for the Future Attack Reconnaissance Aircraft
program.
Subtitle C--Energetics and Other Munitions Matters
SEC. 241. JOINT ENERGETICS TRANSITION OFFICE.
(a) In General.--Chapter 4 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 148. Joint Energetics Transition Office
``(a) In General.--The Secretary of Defense shall establish a Joint
Energetics Transition Office (in this section referred to as the
`Office') within the Department of Defense. The Office shall carry out
the activities described in subsection (c) and shall have such other
responsibilities relating to energetic materials as the Secretary shall
specify.
``(b) Leadership and Administration.--
``(1) The Under Secretary of Defense for Acquisition and
Sustainment shall designate an individual to serve as the head of
the Office. The Under Secretary shall select such individual from
among officials of the Department of Defense serving in
organizations under the jurisdiction of the Under Secretary at the
time of such designation. The head of the Office shall--
``(A) report directly to the Under Secretary of Defense for
Acquisition and Sustainment; and
``(B) coordinate, as appropriate, with the Under Secretary
of Defense for Research and Engineering.
``(2) The Under Secretary of Defense for Research and
Engineering shall designate an individual to serve as the deputy
head of the Office. The Under Secretary shall select such
individual from among officials of the Department of Defense
serving in organizations under the jurisdiction of the Under
Secretary at the time of such designation. The deputy head of the
Office shall report directly to the head of the Office and to the
Under Secretary of Defense for Research and Engineering.
``(3) The head of the Office and deputy head of the Office
shall be responsible for the overall management and operation of
the Office. The Under Secretaries shall ensure that the head and
deputy head of the Office are not assigned outside duties that
would diminish their ability to effectively manage and operate the
Office.
``(c) Responsibilities.--The Office shall do the following:
``(1) Develop and periodically update an energetic materials
strategic plan and investment strategy to guide investments in both
new and legacy energetic materials and technologies across the
entire supply chain for the total life cycle of energetic
materials, including raw materials, ingredients, propellants,
pyrotechnics, and explosives for munitions, weapons, and propulsion
systems. Such strategy and plan shall provide for--
``(A) developing or supporting the development of strategic
plans for energetic materials and technologies, including
associated performance metrics for the Office, over the periods
covered by the future-years defense program required under
section 221 of this title and the program objective memorandum
process;
``(B) initiating special studies or analyses--
``(i) to determine targets that would be optimally
addressed or defeated by weapons that incorporate novel
energetic materials; and
``(ii) to inform the program objective memorandum
process; and
``(C) identifying any shortfalls in the supply chain for
energetic materials and developing plans to alleviate any
shortfalls through the expansion of the energetic materials
industrial base to include critical contractors,
subcontractors, and suppliers.
``(2) Coordinate and ensure consistency and congruity among
research, development, test, and evaluation efforts in energetic
materials across the Department of Defense--
``(A) to identify promising new energetic materials and
technologies;
``(B) to mature, integrate, prototype, test, and
demonstrate novel energetic materials and technologies,
including new materials and manufacturing technologies;
``(C) to expedite testing, evaluation, and acquisition of
energetic materials and technologies to meet the emergent needs
of the Department, including the rapid integration of promising
new materials and other promising energetic compounds into
weapons platforms;
``(D) to identify or establish prototyping demonstration
venues to integrate advanced technologies that speed the
maturation and deployment of energetic materials; and
``(E) to support collaboration among industry, academia,
and elements of the Department of Defense to transition
energetic materials and technologies from the research and
development phase to production and operational use within the
Department.
``(3) Oversee a process to expedite--
``(A) the validation, verification, and accreditation of
modeling and simulation of energetic materials for the
development of requirements; and
``(B) the qualification process for energetic materials,
from discovery through transition to production and integration
into weapon systems.
``(4) Recommend changes to laws, regulations, and policies that
present barriers or extend timelines for the expedited process
described in paragraph (3).
``(5) Coordinate with other organizations involved in energetic
materials activities within the Department of Defense, including
the Armed Forces, and across other departments and agencies of the
Federal Government.
``(6) Pursuant to the authority provided under section 191 of
this title, establish and manage a Department of Defense Field
Activity dedicated to systems engineering associated with energetic
materials. Such Field Activity shall be funded under budget
activity 3 (advanced technology development) or budget activity 4
(advanced component development and prototypes) (as such budget
activity classifications are set forth in volume 2B, chapter 5 of
the Department of Defense Financial Management Regulation (DOD
7000.14-R)) to reduce technical risk, integrate research,
development, test, and evaluation, and perform system demonstration
programs of the Department of Defense on novel energetic materials
for use in weapon systems.
``(7) Carry out such other responsibilities relating to
energetic materials as the Secretary shall specify.
``(d) Additional Requirements.--The Secretary of Defense shall
ensure that the Office is budgeted for and funded in a manner
sufficient to ensure the Office has the staff and other resources
necessary to effectively carry out the responsibilities specified in
subsection (c).
``(e) Definitions.--In this section, the term `energetic materials'
means critical chemicals and formulations that--
``(1) release large amounts of stored chemical energy; and
``(2) are capable of being used as explosives, propellants,
pyrotechnics, and reactive materials that--
``(A) create lethal effects in warheads in kinetic weapons
components and systems; or
``(B) increase propellant performance in a weapon
propulsion system as related to lethal effects, range, or
speed.''.
(b) Status Reports.--The Secretary of Defense shall submit to the
congressional defense committees--
(1) not later than 60 days after the date of the enactment of
this Act, a report on the status of the establishment of Joint
Energetics Transition Office under section 148 of title 10, United
States Code, as added by subsection (a);
(2) not later than one year after such date of enactment, a
report on the measures taken to provide the Joint Energetics
Transition Office with the staff and resources necessary for the
Office to carry out the responsibilities specified in subsection
(c) of such section 148; and
(3) not later than two years after such date of enactment, a
report that includes the energetic materials strategic plan and
investment strategy required under subsection (c)(1) of such
section 148.
(c) Annual Reports.--Not later than March 1, 2024, and not later
than March 1 of each year thereafter through 2029, the head of the
Joint Energetics Transition Office shall submit to the congressional
defense committees a report that includes, with respect to the year
covered by the report, the following information:
(1) A description of activities carried out in accordance with
the energetic materials strategic plan and investment strategy
developed under section 148(c)(1) of title 10, United States Code,
as added by subsection (a) of this section, including--
(A) a description of any updates to the performance metrics
developed for purposes of such plan and strategy; and
(B) an assessment of the performance of the Office against
those metrics.
(2) An overview of the research, development, test, and
evaluation efforts initiated or completed by the Office.
(3) An overview of the efforts of the Office to expedite
qualification processes for energetic materials.
(4) An overview of efforts of the Office to coordinate with
other organizations involved in energetic materials activities
across the Department of Defense and other departments and agencies
of the Federal Government.
SEC. 242. CONSIDERATION OF LETHALITY IN THE ANALYSIS OF
ALTERNATIVES FOR MUNITIONS.
(a) Analysis of Alternatives Review.--The Secretary of Defense
shall ensure that lethality is considered in any analysis of
alternatives conducted prior to issuing a capability development
document for purposes of procuring any new munition or modifying an
existing munition.
(b) Consideration of Energetic Materials.--In assessing the
lethality of a munition for purposes of the analysis of alternatives
described under subsection (a), the Secretary of Defense shall include
the margin of effectiveness, increased system capacities, and cost
implications afforded by the potential use of novel or alternative
energetic materials in the munition to achieve increased explosive
effects.
(c) Energetic Materials Defined.--In this section, the term
``energetic materials'' means critical chemicals that--
(1) release large amounts of energy in a short amount of time;
and
(2) are capable of being used in explosives that create lethal
effects in warheads.
SEC. 243. PILOT PROGRAM ON INCORPORATION OF THE CL20 COMPOUND IN
CERTAIN WEAPON SYSTEMS.
(a) Pilot Program Required.--The Secretary of Defense shall carry
out a pilot program under which the Secretary incorporates the CL20
compound as the energetic material for the main fill in the warheads or
propellants of three weapon systems under development by the Department
of Defense for the purpose of determining cost, schedule, and lethality
performance parameters for such systems.
(b) Selection of Weapon Systems.--Each of the three weapon systems
selected under subsection (a) shall be a weapon system that does not,
as of the date of the enactment of this Act, already incorporate the
CL20 compound as the energetic material for the main fill in the
warhead or propellant of the system.
(c) Timeline for Integration.--The Secretary of Defense shall
ensure that the CL20 energetic compound is integrated into each weapon
system selected under subsection (a) by not later than three years
after the date of the enactment of this Act.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on progress of the
Secretary in carrying out the pilot program under this section,
including--
(1) identification of the weapon systems selected by the
Secretary under subsection (a);
(2) with respect to each such weapon system, identification
of--
(A) a timeline for incorporating the CL20 energetic
compound into such weapon system;
(B) the organization within the Department of Defense
responsible for carrying out activities under the pilot program
for such weapon system; and
(C) any locations at which testing associated with such
weapon system under the program is expected to be carried out;
and
(3) the baseline cost, schedule, and lethality objectives that
will be used to evaluate the performance of weapon systems under
the program.
(e) Definitions.--In this section, the term ``energetic material''
means critical chemicals and formulations that--
(1) release large amounts of stored chemical energy; and
(2) are capable of being used as explosives, propellants,
pyrotechnics, and reactive materials that--
(A) create lethal effects in warheads in kinetic weapons
components and systems; or
(B) increase propellant performance in a weapon propulsion
system as related to lethal effects, range, or speed.
SEC. 244. LIMITATION ON SOURCING CHEMICAL MATERIALS FOR MUNITIONS
FROM CERTAIN COUNTRIES.
(a) Limitation.--The Secretary of Defense may not procure a
chemical material for munitions specified in subsection (b) from any
country specified in subsection (c).
(b) Chemical Materials Specified.--The chemical materials for
munitions specified in this subsection are the chemicals listed under
the heading ``Task 1: Domestic Production of Critical Chemicals'' in
section 3.0E of the document of the Department of Defense titled
``Statement of Objectives (SOO) for Critical Chemicals Production''
(FOA: FA8650-19-S-5010, Appendix VI, Call: 012) and dated December 5,
2022.
(c) Countries Specified.--The countries specified in this
subsection are the following:
(1) The People's Republic of China.
(2) The Russian Federation.
(3) The Islamic Republic of Iran.
(4) The Democratic People's Republic of North Korea.
(d) Effective Date.--The requirements of this section shall take
effect on a date determined by the Secretary of Defense that is not
later than September 30, 2028.
SEC. 245. DEFENSE INDUSTRIAL BASE MUNITION SURGE CAPACITY CRITICAL
RESERVE.
(a) In General.--The Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the service acquisition executive of
each military department, may establish a reserve of long-lead items
and components to accelerate the delivery of munitions described in
section 222c(c) of title 10, United States Code.
(b) Quantity.--The quantity of long-lead items and components
reserved pursuant to subsection (a) should be in amounts commensurate
to fulfill the requirements identified as Out-Year Unconstrained Total
Munitions Requirement and Out-Year inventory numbers under section
222c(a) of title 10, United States Code.
(c) Authority for Advance Procurement.--The Under Secretary of
Defense for Acquisition and Sustainment may enter into one or more
contracts, beginning in fiscal year 2024, for the advance procurement
of long-lead items and components, or economic order quantities of such
items and components when cost savings are achievable, associated with
munitions identified in subsection (a). Advance procurement authority
may include the cost of shipping, storage, tracking, maintenance, and
obsolescence management of long-lead items and components while held in
the reserve described in subsection (a).
(d) Limitations.--No long-lead item or component may be procured
under this section if the anticipated life cycle of such item or
component requires disposal due to lack of military utility less than 8
years after such item or component is procured.
(e) Report.--Not later than February 1, 2025, and annually
thereafter until February 1, 2030, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional defense
committees a report that describes the use of the authority under this
section, including--
(1) the type, number, and value of long-lead items and
components procured under each contractual action; and
(2) information about the location of storage of such items and
components.
(f) Definitions.--In this section:
(1) The term ``long-lead item or component'' means a material,
component, or subsystem of a munition that must be procured well in
advance of the need for such munition.
(2) The terms ``service acquisition executive'' and ``military
department'' have the meanings given, respectively, in section 101
of title 10, United States Code.
Subtitle D--Plans, Reports, and Other Matters
SEC. 251. CONGRESSIONAL NOTIFICATION OF CHANGES TO DEPARTMENT OF
DEFENSE POLICY ON AUTONOMY IN WEAPON SYSTEMS.
Not later than 30 days after making a modification to Department of
Defense Directive 3000.09 (relating to autonomy in weapon systems) the
Secretary of Defense shall provide to the congressional defense
committees a briefing that includes--
(1) a description of the modification; and
(2) an explanation of the reasons for the modification.
SEC. 252. AUDIT TO IDENTIFY DIVERSION OF DEPARTMENT OF DEFENSE
FUNDING TO CHINA'S RESEARCH LABS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall conduct a study, and submit a report to the congressional
defense committees, regarding the amount of Federal funds awarded by
the Department of Defense (whether directly or indirectly) through
grants, contracts, subgrants, subcontracts, or any other type of
agreement or collaboration, during the 10-year period immediately
preceding such date of enactment, that--
(1) was provided, whether purposely or inadvertently, to--
(A) the People's Republic of China;
(B) the Communist Party of China;
(C) the Wuhan Institute of Virology or any other
organization administered by the Chinese Academy of Sciences;
(D) EcoHealth Alliance Inc. for work performed in China on
research supported by the Government of China, including any
subsidiaries and related organizations that are directly
controlled by EcoHealth Alliance, Inc.;
(E) the Academy of Military Medical Sciences or any of its
research institutes, including the Beijing Institute of
Microbiology and Epidemiology; or
(F) any other lab, agency, organization, individual, or
instrumentality that is owned, controlled (directly or
indirectly), or overseen (officially or unofficially) by any of
the entities listed in subparagraphs (A) through (E); or
(2) was used to fund research or experiments that could have
reasonably resulted in the enhancement of any coronavirus,
influenza, Nipah, Ebola, or other pathogen of pandemic potential or
chimeric versions of such a virus or pathogen in the People's
Republic of China or any other foreign country.
(b) Identification of Countries and Pathogens.--The report required
under subsection (a) shall specify--
(1) the countries in which the research or experiments
described in subsection (a)(2) was conducted; and
(2) the pathogens involved in such research or experiments.
SEC. 253. ANNUAL REVIEW OF STATUS OF IMPLEMENTATION PLAN FOR
DIGITAL ENGINEERING CAREER TRACKS.
Not less frequently than once each year until December 31, 2029,
the Secretary of Defense shall--
(1) conduct an internal review of the status of the
implementation of the plan submitted to Congress pursuant to
section 230(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 501 note prec.), which
shall include consideration of how the rapid rate of technological
change in data science and machine learning may affect the
implementation of the plan; and
(2) submit to the congressional defense committees a report
that includes--
(A) a summary of the status of the implementation of the
plan described in paragraph (1);
(B) the findings of the Secretary with respect to the most
recent review conducted under such paragraph; and
(C) the plan of the Secretary for addressing the digital
engineering personnel needs of the Department of Defense in the
years following the date of the report.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Improvement and codification of Sentinel Landscapes
Partnership program authority.
Sec. 312. Modification of authority for environmental restoration
projects at National Guard facilities.
Sec. 313. Modification to technical assistance authority for
environmental restoration activities.
Sec. 314. Coordination on agreements to limit encroachments and other
constraints on military training, testing, and operations.
Sec. 315. Requirement for approval by Under Secretary of Defense for
Acquisition and Sustainment of waiver for systems not meeting
fuel efficiency key performance parameter.
Sec. 316. Modification to prototype and demonstration projects for
energy resilience at certain military installations.
Sec. 317. Authority to transfer certain funds as payment relating to
Naval Air Station, Moffett Field, California.
Sec. 318. Prohibition on required disclosure by Department of Defense
contractors of information relating to greenhouse gas
emissions.
Sec. 319. Required infrastructure plan prior to deployment of certain
non-tactical vehicles at military installations.
Sec. 320. Prohibition and report requirement relating to certain energy
programs of Department of Defense.
Sec. 321. Report on schedule and cost estimates for completion of
testing and remediation of contaminated sites; publication of
cleanup information.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 331. Modification of timing of report on activities of PFAS Task
Force.
Sec. 332. Budget justification document for funding relating to
perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 333. Increase of transfer authority for funding of study and
assessment on health implications of perfluoroalkyl substances
and polyfluoroalkyl substances contamination in drinking water
by Agency for Toxic Substances and Disease Registry.
Sec. 334. Prizes for development of technology for thermal destruction
of perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 335. Treatment of certain materials contaminated with
perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 336. Government Accountability Office reports on testing and
remediation of perfluoroalkyl substances and polyfluoroalkyl
substances.
Subtitle D--Logistics and Sustainment
Sec. 341. Modification of rule of construction regarding provision of
support and services to non-Department of Defense
organizations and activities.
Sec. 342. Repeal of Comptroller General review requirement relating to
core logistics capabilities.
Sec. 343. Modifications to Contested Logistics Working Group of
Department of Defense.
Sec. 344. Matters relating to briefings on Shipyard Infrastructure
Optimization Program of the Navy.
Sec. 345. Foreign military sales exclusion in calculation for certain
workload carryover of Department of the Army.
Sec. 346. Pilot program on optimization of aerial refueling and fuel
management in contested logistics environments through use of
artificial intelligence.
Sec. 347. Limitation on availability of funds to expand leased
facilities for Joint Military Information Support Operations
Web Operations Center.
Sec. 348. Limitation on availability of funds pending submission of
certain 30-year shipbuilding plan by the Secretary of the
Navy.
Sec. 349. Plan regarding condition and maintenance of prepositioned
stockpiles of the Army.
Sec. 350. Strategy and assessment on use of automation and artificial
intelligence for shipyard optimization.
Sec. 351. Assessment and strategy relating to hardening of certain
military installations against attack by Iran and Iranian-
associated groups.
Sec. 352. Semiannual briefings on operational status of amphibious
warship fleet.
Subtitle E--Other Matters
Sec. 361. Review of notice of presumed risk issued by Military Aviation
and Installation Assurance Clearinghouse.
Sec. 362. Modifications to military aviation and installation assurance
clearinghouse for review of mission obstructions.
Sec. 363. Modification to Joint Safety Council.
Sec. 364. Designation of official responsible for coordination of
renegotiation of certain land leases owned by Department of
Defense in Hawaii.
Sec. 365. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and Technical Training
School.
Sec. 366. Establishment of Caisson Platoon and support for military and
State funeral services at Arlington National Cemetery.
Sec. 367. Recovery of rare earth elements and other strategic and
critical materials through end-of-life equipment recycling.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. IMPROVEMENT AND CODIFICATION OF SENTINEL LANDSCAPES
PARTNERSHIP PROGRAM AUTHORITY.
(a) Codification of Existing Statute.--Section 317 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2684a note) is--
(1) transferred to chapter 159 of title 10, United States Code;
(2) inserted after section 2692 of such chapter; and
(3) redesignated as section 2693.
(b) Improvements to Sentinel Landscapes Partnership Program.--
Section 2693 of title 10, United States Code, as so transferred and
redesignated, is further amended--
(1) in subsection (a), by striking ``and the Secretary of the
Interior'' and inserting ``, the Secretary of the Interior, and the
heads of other Federal departments and agencies that elect to
become full partners in the program'';
(2) in subsection (b), by striking ``and the Secretary of the
Interior, may, as the Secretaries'' and inserting ``the Secretary
of the Interior, and the heads of other Federal departments and
agencies that elect to become full partners in the Sentinel
Landscapes Partnership may, as such Secretaries and other heads'';
(3) by amending subsection (c) to read as follows:
``(c) Coordination of Activities.--In carrying out this section,
the Secretaries and the other heads of Federal departments and agencies
may coordinate actions between their departments and agencies and with
other Federal, State, interstate, and local agencies, Indian Tribes,
and private entities to more efficiently work together for the mutual
benefit of conservation, resilience, working lands, and national
defense, and to encourage owners and managers of land to engage in
voluntary land management, resilience, and conservation activities that
contribute to the sustainment of military installations, State-owned
National Guard installations, and associated airspace.'';
(4) in subsection (d)--
(A) by striking the first sentence and inserting ``In
carrying out this section, the Secretaries and the other heads
of Federal departments and agencies may give to any eligible
owner or manager of land within a designated sentinel landscape
priority consideration for participation in any easement,
grant, or assistance program administered by that Secretary or
head.''; and
(B) in the second sentence, by striking ``eligible
landowner or agricultural producer'' and inserting ``eligible
owner or manager of land'';
(5) by redesignating subsection (f) as subsection (g);
(6) by inserting after subsection (e) the following new
subsection (f):
``(f) Rule of Construction.--Nothing in this section may be
construed to require an owner or manager of land, including a private
landowner or agricultural producer, to participate in any land
management, resilience, or conservation activity under this section.'';
and
(7) in subsection (g), as redesignated by paragraph (5)--
(A) in paragraph (1), by striking ``section 670(1) of title
16, United States Code'' and inserting ``section 100(1) of the
Sikes Act (16 U.S.C. 670(1))'';
(B) in paragraph (2), by striking ``section 670(3) of title
16, United States Code'' and inserting ``section 100(3) of the
Sikes Act (16 U.S.C. 670(3))''; and
(C) in paragraph (3), by amending subparagraph (B) to read
as follows:
``(B) the publicly and privately owned lands that serve to
protect and support the rural economy, the natural environment,
outdoor recreation, and the national defense missions of a
military installation or State-owned National Guard
installation.''.
(c) Conforming Amendments.--Title 10, United States Code, is
further amended--
(1) in section 2684a(g)(2)(E), by striking ``Sentinel
Landscapes Partnership established under section 317 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 10 U.S.C. 2684a note)'' and inserting ``Sentinel Landscapes
Partnership under section 2693 of this title''; and
(2) in section 2694(e), by striking ``meaning given that term
in section 317(f) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2684a note)'' and
inserting ``meaning given that term in section 2693(g) of this
title''.
SEC. 312. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL RESTORATION
PROJECTS AT NATIONAL GUARD FACILITIES.
(a) Clarification of Definition of National Guard Facilities.--
Section 2700(4) of title 10, United States Code, is amended--
(1) by striking ``State-owned'';
(2) by striking ``owned and operated by a State when such land
is''; and
(3) by striking ``even though such land is not under the
jurisdiction of the Department of Defense.'' and inserting
``without regard to--''
``(A) the owner or operator of the facility; or
``(B) whether the facility is under the jurisdiction of the
Department of Defense or a military department.''.
(b) Inclusion Under Defense Environmental Restoration Program.--
Section 2701(a)(1) of such title is amended by striking ``State-
owned''.
(c) Response Actions at National Guard Facilities.--Section
2701(c)(1)(D) of such title is amended by striking ``State-owned''.
(d) Services of Other Entities.--Section 2701(d)(1) of such title
is amended, in the second sentence, by inserting ``or at a National
Guard facility'' before the period at the end.
(e) Environmental Restoration Accounts.--Section 2703(g)(1) of such
title is amended by inserting ``, a National Guard facility,'' after
``Department of Defense''.
(f) Technical and Conforming Amendments.--
(1) Repeal.--Section 2707 of such title is amended by striking
subsection (e).
(2) Reference update.--Section 345(f)(1) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81;
10 U.S.C. 2715 note) is amended by striking ``facility where
military activities are conducted by the National Guard of a State
pursuant to section 2707(e) of title 10, United States Code'' and
inserting ``National Guard facility, as such term is defined in
section 2700 of title 10, United States Code''.
SEC. 313. MODIFICATION TO TECHNICAL ASSISTANCE AUTHORITY FOR
ENVIRONMENTAL RESTORATION ACTIVITIES.
Section 2705(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``upon the request of the technical review
committee or restoration advisory board for an installation''
and inserting ``upon the request of the technical review
committee for an installation, restoration advisory board for
an installation, community concerned with respect to an
installation, or individual member of such community''; and
(B) by striking ``to obtain'' and all that follows through
``interpreting'' and inserting ``to obtain from covered sources
technical assistance for the committee, advisory board,
community, or individual (as the case may be) to interpret'';
(2) in paragraph (2)--
(A) by striking ``technical review committee or restoration
advisory board'' and inserting ``technical review committee,
restoration advisory board, community, or individual''; and
(B) by striking ``only if'' and all that follows through
the closing period and inserting ``only if the technical
assistance--''
``(A) is likely to contribute to the efficiency,
effectiveness, or timeliness of environmental restoration
activities at the installation; or
``(B) is a service described in paragraph (3).''; and
(3) by adding at the end the following new paragraphs:
``(3) A service described in this paragraph is a service to improve
public participation in, or assist in the navigation of, environmental
restoration activities at an installation by the community concerned or
an individual member of such community, including with respect to the
following:
``(A) The interpretation of site-related documents, including
documents concerning the nature of a release or threatened release
at the installation, monitoring, testing plans, and reports
associated with site assessment and characterization at the
installation.
``(B) The interpretation of health-related information.
``(C) The interpretation of documents, plans, proposed actions,
and final decisions relating to--
``(i) an interim remedial action;
``(ii) a remedial investigation or feasibility study;
``(iii) a record of decision;
``(iv) a remedial design;
``(v) the selection and construction of remedial action;
``(vi) operation and maintenance;
``(vii) a five-year review at the installation; or
``(viii) a removal action at the installation.
``(D) Assistance with the preparation of public comments.
``(E) The development of outreach materials to improve public
participation.
``(F) The provision of advice and guidance regarding additional
technical assistance for which the community or individual, as the
case may be, may be eligible.
``(4) In this subsection, the term `covered source' means a private
sector source, a Federal department or agency other than the Department
of Defense (pursuant to a Federal interagency agreement), or a
nonprofit entity (pursuant to a cooperative agreement entered into with
such entity).''.
SEC. 314. COORDINATION ON AGREEMENTS TO LIMIT ENCROACHMENTS AND
OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS.
Section 2684a of title 10, United States Code, is amended--
(1) by redesignating subsections (c) through (j) as subsections
(d) through (k), respectively;
(2) by inserting after subsection (b) the following new
subsection:
``(c) Authority to Coordinate.--(1) In entering into an agreement
under subsection (a) or undertaking a project under such agreement, the
Secretary of Defense or the Secretary of a military department, as the
case may be, may coordinate with any other covered official with an
interest in the activities proposed to be undertaken under such
agreement.
``(2) In this subsection, the term `covered official' means a
Secretary concerned, the Director of the Army National Guard, or the
Director of the Air National Guard.''; and
(3) in subsection (h)(2)(D), as redesignated by paragraph (1),
by striking ``subsection (d)'' and inserting ``subsection (e)''.
SEC. 315. REQUIREMENT FOR APPROVAL BY UNDER SECRETARY OF DEFENSE
FOR ACQUISITION AND SUSTAINMENT OF WAIVER FOR SYSTEMS NOT MEETING
FUEL EFFICIENCY KEY PERFORMANCE PARAMETER.
Section 332(b) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 2911 note) is
amended--
(1) by striking ``The Secretary of Defense'' and inserting the
following: ``(1) in general.--The Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Waiver of fuel efficiency key performance parameter.--
``(A) In general.--The fuel efficiency key performance
parameter implemented pursuant to paragraph (1) may be waived
with respect to a system only if--
``(i) such waiver is approved by the Under Secretary of
Defense for Acquisition and Sustainment; and
``(ii) the system is a fuel consuming system that the
Under Secretary of Defense for Acquisition and Sustainment
determines requires, or is likely to require, sustainment
on at least an occasional basis.
``(B) Nondelegation.--The authority to approve a waiver
under subparagraph (A) may not be delegated.''.
SEC. 316. MODIFICATION TO PROTOTYPE AND DEMONSTRATION PROJECTS FOR
ENERGY RESILIENCE AT CERTAIN MILITARY INSTALLATIONS.
(a) Modification to Covered Technologies for Prototype and
Demonstration Projects.--Section 322(c)(6) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263; 136 Stat. 2511; 10 U.S.C. 2911 note) is amended by adding at
the end the following new subparagraph:
``(C) Hydrogen creation, storage, and power generation
technologies using natural gas or renewable electricity.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to covered prototype and demonstration projects (as
defined in section 322(k) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat.
2511; 10 U.S.C. 2911 note)) commencing on or after the date of the
enactment of this Act.
SEC. 317. AUTHORITY TO TRANSFER CERTAIN FUNDS AS PAYMENT RELATING
TO NAVAL AIR STATION, MOFFETT FIELD, CALIFORNIA.
(a) Authority to Transfer Funds.--
(1) Transfer authority.--The Secretary of the Navy shall, in
accordance with section 2703(f) of title 10, United States Code--
(A) transfer $218,125 to the Hazardous Substance Superfund
established under subchapter A of chapter 98 of the Internal
Revenue Code of 1986, without regard to section 2215 of such
title; and
(B) transfer $218,125 to the State of California for
deposit into the California State Water Pollution Cleanup and
Abatement Account.
(2) Source of funds.--Any transfer under this subsection shall
be made using funds authorized to be appropriated by this Act for
fiscal year 2024 for the Department of Defense Base Closure Account
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note).
(b) Purpose of Transfer.--A transfer under subsection (a) shall be
for the purpose of satisfying a stipulated penalty assessed by the
Environmental Protection Agency on May 4, 2018, regarding former Naval
Air Station, Moffett Field, California, under the Federal Facility
Agreement for Naval Air Station, Moffett Field, which was entered into
by the Navy, the State of California, and the Environmental Protection
Agency in 1990 pursuant to section 120 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620), and which provided for equal sharing of any such
stipulated penalty between the appropriate Federal and State funds.
(c) Effect of Transfers.--If the Secretary of the Navy transfers
under subsection (a)(1) the amounts required under such subsection,
such transferred amounts shall be deemed to satisfy in full the
stipulated penalty referred to in subsection (b) for purposes of the
agreement referred to in such subsection, pursuant to the resolution of
stipulated penalties agreed to with respect to such penalties by the
Navy, the State of California, and the Environmental Protection Agency
on October 1, 2018.
SEC. 318. PROHIBITION ON REQUIRED DISCLOSURE BY DEPARTMENT OF
DEFENSE CONTRACTORS OF INFORMATION RELATING TO GREENHOUSE GAS
EMISSIONS.
(a) Prohibition on Disclosure Requirements.--
(1) Nontraditional defense contractors.--The Secretary of
Defense may not require that any nontraditional defense contractor,
as a condition of being awarded a contract with the Secretary,
disclose a greenhouse gas inventory or any other report on
greenhouse gas emissions, unless the Secretary determines that
requiring such disclosure is necessary to verify a voluntary
disclosure of such inventory or other report by the nontraditional
defense contractor.
(2) Other than nontraditional defense contractors.--During the
one-year period beginning on the date of the enactment of this Act,
the Secretary of Defense may not require that any individual or
entity other than a nontraditional defense contractor, as a
condition of being awarded a contract with the Secretary, disclose
a greenhouse gas inventory or any other report on greenhouse gas
emissions, unless the Secretary determines that requiring such
disclosure is necessary to verify a voluntary disclosure of such
inventory or other report by the individual or entity.
(b) Waiver.--The Secretary of Defense may issue a waiver on a
contract-by-contract basis provided that the information provided is
directly related to the performance of the contract. In issuing such a
waiver, the Secretary of Defense shall ensure that any information that
is required is clearly identifiable.
(c) Definitions.--In this section:
(1) The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) nitrogen trifluoride;
(E) hydrofluorocarbons;
(F) perfluorocarbons; or
(G) sulfur hexafluoride.
(2) The term ``greenhouse gas inventory'' means, with respect
to a person, a quantified list of the annual greenhouse gas
emissions of the person.
(3) The term ``nontraditional defense contractor'' has the
meaning given the term in section 3014 of title 10, United States
Code.
SEC. 319. REQUIRED INFRASTRUCTURE PLAN PRIOR TO DEPLOYMENT OF
CERTAIN NON-TACTICAL VEHICLES AT MILITARY INSTALLATIONS.
(a) Requirement.--No Secretary concerned may deploy covered non-
tactical vehicles to a military installation until, for each such
prospective deployment--
(1) the Secretary concerned--
(A) ensures there is completed an infrastructure plan for
that military installation relating to the prospective
deployment; and
(B) determines such plan is sufficient to ensure the
satisfaction of the conditions described in subsection (b); and
(2) in the case of the first prospective deployment to that
military installation, a period of 180 days has elapsed since such
determination; or
(3) in the case of any subsequent prospective deployment to
that military installation, a period of 60 days has elapsed since
such determination.
(b) Conditions Described.--The conditions described in this
subsection are, with respect to a prospective deployment of covered
non-tactical vehicles to a military installation, the following:
(1) Military logistics and operational requirements of that
military installation would not be substantially affected as a
result of a lack of infrastructure to support the kind and quantity
of such vehicles proposed to be deployed.
(2) Adequate support facilities for the kind and quantity of
such vehicles proposed to be deployed exist at that military
installation.
(c) Definitions.--In this section:
(1) The term ``covered non-tactical vehicle'' means a non-
tactical vehicle that is an electric vehicle, hydrogen-powered
vehicle, or advanced biofuel-powered vehicle, as such terms are
defined in section 328 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136
Stat. 2519).
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101 of title 10, United States Code.
SEC. 320. PROHIBITION AND REPORT REQUIREMENT RELATING TO CERTAIN
ENERGY PROGRAMS OF DEPARTMENT OF DEFENSE.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for the Department of Defense
for any operational energy program may be provided to any entity owned
by, or with known financial or leadership ties to, the Russian
Federation or the Chinese Communist Party.
(b) Report Requirement.--As part of the report submitted under
section 2925(a) of title 10, United States Code, for fiscal year 2024,
the Secretary of Defense shall submit to the congressional defense
committees a report on operational energy programs that includes--
(1) a list of each operational energy program; and
(2) to the extent such information may be determined, a
description of--
(A) how each such program improves military readiness or
capabilities;
(B) how each such program shall be sustained (including in
a contested environment); and
(C) the estimated life-cycle costs of each such program,
including the estimated cost avoidance over such life cycle.
(c) Operational Energy Program Defined.--In this section, the term
``operational energy program'' means any program carried out under an
operational energy initiative of the Department of Defense specified in
section 2925(b)(3) of title 10, United States Code.
SEC. 321. REPORT ON SCHEDULE AND COST ESTIMATES FOR COMPLETION OF
TESTING AND REMEDIATION OF CONTAMINATED SITES; PUBLICATION OF
CLEANUP INFORMATION.
(a) Report Required.--
(1) Report.--Not later than one year after the date of the
enactment of this Act, and once every two years thereafter until
December 31, 2029, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report that includes--
(A) a proposed schedule for the completion of testing and
remediation activities (including with respect to the
remediation of perfluoroalkyl substances and polyfluoroalkyl
substances) at military installations, National Guard
facilities, and sites formerly used by the Department of
Defense in the United States with respect to which the
Secretary obligated funds for environmental restoration
activities in fiscal year 2022;
(B) for each site specified in subparagraph (A) for which
an element of the Department of Defense has completed a
remedial investigation but for which testing and remediation
activities have not been completed, a detailed cost estimate--
(i) for any such activities to be carried out at such
site during the following year; and
(ii) for the completion of such activities at such
site;
(C) if either cost estimate specified in subparagraph (B)
is unavailable with respect to a given site specified in
subparagraph (A), a detailed description of known and unknown
factors, including site characteristics and the nature of
contamination, that may affect the cost to complete testing and
remediation activities at such site based on historical costs
of remediation for--
(i) sites remediated under the Defense Environmental
Restoration Program under section 2701 of title 10, United
States Code;
(ii) other federally-funded sites; or
(iii) privately-funded sites; and
(D) for each site specified in subparagraph (A) for which
the Secretary has completed the preliminary assessment or site
inspection phase and that has been designated as requiring a
remedial investigation or study on the feasibility of
remediating the site, the timeline for the completion of such
investigation or study.
(2) Definitions.--In this subsection:
(A) The term ``military installation'' has the meaning
given such term in section 2801(c) of title 10, United States
Code.
(B) The term ``National Guard facility'' has the meaning
given that term in section 2700 of title 10, United States
Code.
(b) Publication of Information.--Beginning not later than one year
after the date of the enactment of this Act, the 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 status of cleanup at sites for which the
Secretary has obligated funds for environmental restoration activities.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 331. MODIFICATION OF TIMING OF REPORT ON ACTIVITIES OF PFAS
TASK FORCE.
Section 2714(f) of title 10, United States Code, is amended by
striking ``and quarterly thereafter,'' and inserting ``and annually
thereafter through 2029,''.
SEC. 332. BUDGET JUSTIFICATION DOCUMENT FOR FUNDING RELATING TO
PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.
Chapter 160 of title 10, United States Code, is amended by adding
at the end the following new section:
``Sec. 2716. Budget justification document for funding relating to
perfluoroalkyl substances and polyfluoroalkyl substances
``The Secretary of Defense shall submit to Congress, concurrent
with the submission to Congress of the budget of the President for each
fiscal year pursuant to section 1105(a) of title 31, a separate budget
justification document that consolidates all information pertaining to
activities of the Department of Defense relating to perfluoroalkyl
substances or polyfluoroalkyl substances, including funding for and
descriptions of--
``(1) research and development efforts;
``(2) testing;
``(3) remediation;
``(4) contaminant disposal; and
``(5) community outreach.''.
SEC. 333. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND
ASSESSMENT ON HEALTH IMPLICATIONS OF PERFLUOROALKYL SUBSTANCES
AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING WATER BY
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.
Section 316(a)(2)(B) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) is amended by
adding at the end the following new clause:
``(iv) Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not more
than $5,000,000 during fiscal year 2024 to the Secretary of
Health and Human Services to pay for the study and assessment
required by this section.''.
SEC. 334. PRIZES FOR DEVELOPMENT OF TECHNOLOGY FOR THERMAL
DESTRUCTION OF PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL
SUBSTANCES.
(a) Prizes.--Section 330 of the National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2661 note prec.),
as amended by section 343 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat.
2530), is further amended--
(1) in subsection (a), by adding at the end the following new
paragraph:
``(3) Technology for the thermal destruction of perfluoroalkyl
substances or polyfluoroalkyl substances.''; and
(2) in subsection (g), by striking ``October 1, 2024'' and
inserting ``December 31, 2026''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Defense for fiscal year 2024
$1,000,000 to carry out this section.
SEC. 335. TREATMENT OF CERTAIN MATERIALS CONTAMINATED WITH
PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES.
Section 343 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1643; 10 U.S.C. 2701 note) is
amended--
(1) in subsection (a), by striking ``Beginning not later'' and
inserting ``Except as provided in subsection (c), beginning not
later'';
(2) by redesignating subsections (c) through (e) as subsections
(d) through (f), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c) Treatment of Certain Materials.--Notwithstanding subsection
(a), until the date on which the Secretary adopts the final rule
pursuant to subsection (b), the Secretary may treat covered materials,
including soils that have been contaminated with PFAS, through the use
of any remediation or disposal technology that is approved by the
Administrator of the Environmental Protection Agency.''; and
(4) in subsection (e), as redesignated by paragraph (2), by
striking ``subsection (c)'' and inserting ``subsection (d)''.
SEC. 336. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS ON TESTING AND
REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL
SUBSTANCES.
Not later than one year after the date of the enactment of this
Act, and not later than five years thereafter, the Comptroller General
of the United States shall submit to the congressional defense
committees a report assessing the state of ongoing testing and
remediation by the Department of Defense of current or former military
installations contaminated with perfluoroalkyl substances or
polyfluoroalkyl substances, including--
(1) an assessment of the thoroughness, pace, and cost-
effectiveness of efforts of the Department to conduct testing and
remediation relating to such substances;
(2) recommendations to improve such efforts; and
(3) such other matters as the Comptroller General determines
appropriate.
Subtitle D--Logistics and Sustainment
SEC. 341. MODIFICATION OF RULE OF CONSTRUCTION REGARDING PROVISION
OF SUPPORT AND SERVICES TO NON-DEPARTMENT OF DEFENSE
ORGANIZATIONS AND ACTIVITIES.
Section 2012(i) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) in the matter preceding subparagraph (A), as redesignated
by paragraph (1), by striking ``Nothing in this section'' and
inserting ``(1) Nothing in this section'';
(3) in subparagraph (A), as so redesignated, by inserting ``,
except as provided in paragraph (2),'' before ``for response''; and
(4) by adding at the end the following new paragraph:
``(2) Funds available to the Secretary of a military department for
operation and maintenance for the Innovative Readiness Training program
(as established pursuant to this section) may be expended under this
section, upon approval by the Secretary concerned, to assist in
demolition, clearing of roads, infrastructure improvements, and
military construction to restore an area after a natural disaster.''.
SEC. 342. REPEAL OF COMPTROLLER GENERAL REVIEW REQUIREMENT RELATING
TO CORE LOGISTICS CAPABILITIES.
Section 2464 of title 10, United States Code, is amended by
striking subsection (e).
SEC. 343. MODIFICATIONS TO CONTESTED LOGISTICS WORKING GROUP OF
DEPARTMENT OF DEFENSE.
Section 2926(d) of title 10, United States Code, is amended as
follows:
(1) Expansion of working group.--
(A) Expansion.--In paragraph (3)--
(i) in the matter preceding subparagraph (A), by
striking ``appointed''; and
(ii) by adding at the end the following new
subparagraphs:
``(D) A senior official of the Defense Logistics Agency, who
shall be appointed by the Director of the Defense Logistics Agency
to represent the Defense Logistics Agency.
``(E) An official of the Office of the Under Secretary of
Defense for Research and Engineering, who shall be nominated by the
Secretary of Defense and confirmed by the Senate to represent such
Office.
``(F) The Assistant Secretary of Defense for Acquisition, who
shall represent the Office of the Under Secretary of Defense for
Acquisition.
``(G) The Assistant Secretary of Defense for Sustainment, who
shall represent the Office of the Assistant Secretary of Defense
for Sustainment.''.
(B) Timing.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall appoint
the additional members of the working group required under
subparagraphs (D) through (G) of paragraph (3) of such section,
as added by subparagraph (A).
(2) Responsibilities of members.--In paragraph (4), by
inserting ``, or developing capabilities for such purposes,'' after
``coordinated initiatives''.
(3) Meetings; reports.--By adding at the end the following new
paragraphs:
``(6) The working group under paragraph (1) shall meet not less
frequently than quarterly.
``(7)(A) Not later than February 1 of each year, the working group
under paragraph (1) shall submit to the congressional defense
committees a report that contains a description of the following:
``(i) The topics addressed in the meetings of the working group
during the preceding year.
``(ii) The priorities of the working group for the following
year (including with respect to any shortfalls in personnel,
equipment, infrastructure, energy and storage, or capabilities) in
support of the operational plans of the Department of Defense.
``(iii) Any steps taken by the working group, as of the date of
the submission, to address any identified shortfalls in budget or
capabilities.
``(B) Each report under subparagraph (A) shall be submitted in
unclassified form, but may include a classified annex.''.
SEC. 344. MATTERS RELATING TO BRIEFINGS ON SHIPYARD INFRASTRUCTURE
OPTIMIZATION PROGRAM OF THE NAVY.
(a) Modification to Briefing Requirement.--Section 355(b)(2) of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 10 U.S.C. 8013 note) is amended by adding at the end the
following new subparagraph:
``(D) A risk analysis of how the schedule for such project
affects the availability schedule for submarines and aircraft
carriers, including the following:
``(i) A timeline for the completion of such project,
including construction dates and dates of planned
maintenance at each shipyard under such project.
``(ii) Contingency maintenance plans if such project is
delayed, including any backup location for maintenance
availabilities determined by the Chief Naval Officer and
any resulting alteration in plans or schedules for
maintenance.
``(iii) The effect on public shipyards should a delay
to such project result in the implementation of a
contingency plan pursuant to clause (ii), including the
effect on the workforce and workload capacity at the public
shipyard with respect to which such project is conducted.
``(iv) A cost-benefit analysis of the potential for
private shipyards to assist with such workload should such
project be delayed, including an identification of any gaps
in the capability of private shipyards to conduct the
maintenance described in clause (ii).
``(v) An assessment of whether greater flexibilities in
authorities are necessary to better support fleet
maintenance needs and the Shipyard Infrastructure
Optimization Program.''.
(b) Briefing on Implementation Status.--Not later than October 1,
2024, the Secretary of the Navy shall provide to the congressional
defense committees a briefing on the status of the implementation of
the Shipyard Infrastructure Optimization Program of the Department of
the Navy. Such briefing shall include, with respect to each covered
project, the information specified in each of subparagraphs (A) through
(D) of section 355(b)(2) of the National Defense Authorization Act for
Fiscal Year 2022, as amended by subsection (a).
SEC. 345. FOREIGN MILITARY SALES EXCLUSION IN CALCULATION FOR
CERTAIN WORKLOAD CARRYOVER OF DEPARTMENT OF THE ARMY.
Section 377 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2542; 10 U.S.C.
2476 note) is amended by striking ``that applies'' and all that follows
through the closing period and inserting ``that--''
``(1) applies a material end of period exclusion; and
``(2) excludes from the calculated carryover amount the
proceeds of any foreign military sale.''.
SEC. 346. PILOT PROGRAM ON OPTIMIZATION OF AERIAL REFUELING AND
FUEL MANAGEMENT IN CONTESTED LOGISTICS ENVIRONMENTS THROUGH USE
OF ARTIFICIAL INTELLIGENCE.
(a) Design of Pilot Program.--
(1) Design.--Not later than 90 days after the date of the
enactment of this Act, the Chief Digital and Artificial
Intelligence Officer of the Department of Defense, in collaboration
with the Under Secretary of Defense for Acquisition and Sustainment
and the Chief of Staff of the Air Force, shall design a pilot
program to optimize the logistics of aerial refueling and fuel
management in the context of contested logistics environments
through the use of advanced digital technologies and artificial
intelligence (in this section referred to as the ``pilot
program'').
(2) Coordination and consultation.--In designing the pilot
program, the Chief Digital and Artificial Intelligence Officer
shall--
(A) coordinate with the Commander of the United States
Transportation Command and the Commander of the United States
Indo-Pacific Command regarding the activities to be carried out
under the pilot program, to ensure the pilot program will align
with existing operational requirements; and
(B) seek to consult with relevant experts in the fields of
artificial intelligence, logistics, aviation, and fuel
management.
(b) Objectives.--The objectives of the pilot program shall include
the following:
(1) Assessing the feasibility and effectiveness of artificial
intelligence-driven approaches in enhancing aerial refueling
operations and fuel management processes compared to existing
mission planning processes executed by members of the Air Force
with relevant training.
(2) Identifying opportunities to reduce fuel consumption,
decrease operational costs, and minimize the environmental impact
of fuel management while maintaining military readiness.
(3) Evaluating the interoperability and compatibility of
artificial intelligence-enabled systems with the existing logistics
infrastructure of the Department of Defense.
(4) Enhancing situational awareness and decision-making
capabilities through real-time data analysis and predictive
modeling.
(5) Addressing potential challenges and risks associated with
the integration of artificial intelligence and other advanced
digital technologies, including challenges and risks involving
cybersecurity concerns.
(c) Commencement.--Not later than one year after the date of the
enactment of this Act, the Chief Digital and Artificial Intelligence
Officer, in collaboration with the Under Secretary of Defense for
Acquisition and Sustainment and the Chief of Staff of the Air Force,
shall commence the pilot program.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Chief Digital and Artificial Intelligence
Officer shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report on--
(1) the design of the pilot program under subsection (a);
(2) the status of any efforts underway to commence the pilot
program under subsection (c); and
(3) any planned future activities to be carried out under the
pilot program to test expected outcomes regarding improved
efficiencies or other benefits that may be derived from artificial
intelligence-driven approaches to aerial refueling operations and
fuel management.
(e) Termination.--The authority to conduct the pilot program under
this section shall terminate on January 1, 2027.
SEC. 347. LIMITATION ON AVAILABILITY OF FUNDS TO EXPAND LEASED
FACILITIES FOR JOINT MILITARY INFORMATION SUPPORT OPERATIONS WEB
OPERATIONS CENTER.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2024 for Operation and
Maintenance, Defense-wide, may be obligated or expended to expand
leased facilities for the Joint Military Information Support Operations
Web Operations Center until the Secretary of Defense submits to the
congressional defense committees a validated manpower study for such
center that includes the following:
(1) Validated estimates of the number of personnel from the
United States Special Operations Command and the other combatant
commands that will be housed in leased facilities of such center.
(2) An explanation of how such estimates are aligned with and
support the priorities established by the national defense strategy
under 113(g) of title 10, United States Code.
SEC. 348. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMISSION OF
CERTAIN 30-YEAR SHIPBUILDING PLAN BY THE SECRETARY OF THE NAVY.
(a) Plan Required.--The Secretary of the Navy shall include with
the defense budget materials for fiscal year 2025 (as submitted to
Congress in support of the budget of the President under section
1105(a) of title 31, United States Code) a 30-year shipbuilding plan
that meets the statutory requirement to maintain 31 amphibious warships
as found in section 8062(b) of title 10, United States Code.
(b) Limitation.--If the Secretary of the Navy does not submit to
the congressional defense committees a 30-year shipbuilding plan as
described in subsection (a), not more than 50 percent of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2024 for Administration and Servicewide Activities,
Operation and Maintenance, Navy, may be obligated or expended until the
date on which the Secretary of the Navy submits to the congressional
defense committees a 30-year shipbuilding plan as described in such
subsection.
(c) Amphibious Warship Defined.--In this section, the term
``amphibious warship'' means a ship that is classified as an amphibious
assault ship (general purpose) (LHA), an amphibious assault ship
(multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock
landing ship (LSD) that is included in the Battle Force Inventory in
accordance with instruction 5030.8D of the Secretary of the Navy, or a
successor instruction.
SEC. 349. PLAN REGARDING CONDITION AND MAINTENANCE OF PREPOSITIONED
STOCKPILES OF THE ARMY.
(a) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Army shall develop a plan
to improve the required inspection procedures for the prepositioned
stockpiles of the Army, for the purpose of identifying deficiencies and
conducting maintenance repairs at levels necessary to ensure such
prepositioned stockpiles are mission-capable.
(b) Implementation.--Not later than 30 days after the date on which
the Secretary completes the development of the plan under subsection
(a), and not less frequently than twice each year thereafter for the
three-year period beginning on the date of the enactment of this Act,
the Secretary shall inspect the prepositioned stockpiles of the Army in
accordance with the procedures under such plan.
(c) Briefings.--
(1) Briefing on plan.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of the Army shall
provide to the congressional defense committees a briefing on the
plan developed under subsection (a).
(2) Briefings on status of prepositioned stockpiles.--Not later
than 180 days after the date of the enactment of this Act, and
every 180 days thereafter for the three-year period beginning on
the date of the enactment of this Act, the Secretary of the Army
shall provide to the congressional defense committees a briefing on
the status and condition of the prepositioned stockpiles of the
Army.
SEC. 350. STRATEGY AND ASSESSMENT ON USE OF AUTOMATION AND
ARTIFICIAL INTELLIGENCE FOR SHIPYARD OPTIMIZATION.
(a) Strategy.--The Secretary of the Navy, in coordination with the
Shipyard Infrastructure Optimization Program of the Department of the
Navy, shall develop and implement a strategy to leverage commercial
best practices used in shipyards to improve the efficiency of
operations and to demonstrate a digital platform that uses artificial
intelligence to analyze data on the maintenance and condition of
shipboard assets of the Navy at shipyards, for the purpose of improving
the readiness of the Armed Forces, predicting and diagnosing issues
prior to the occurrence of such issues, and lowering maintenance costs.
(b) Assessment.--The Secretary of the Navy shall conduct an
assessment of the costs of maintenance delays on shipboard assets of
the Navy and the potential cost savings of adopting artificial
intelligence predictive maintenance technologies to assist in the
determination of the condition of in-service equipment and estimate
when maintenance should be performed prior to failure or end of life of
such equipment. Such assessment shall include--
(1) an analysis of maintenance delays and costs due to
unplanned and unpredicted maintenance issues;
(2) an evaluation of opportunities to demonstrate commercial
best practices at shipyards, including the demonstration of
artificial intelligence technologies to ensure timely predictions
for individuals responsible for maintenance and planning at
shipyards by connecting datasets, executing models, and providing
outputs in near real-time;
(3) an identification of shipyard assets of the Navy with
sufficient data available to enable near-term demonstrations of
artificial intelligence predictive maintenance technologies, and an
estimate of resources needed within the Navy to accelerate such
demonstrations with respect to such assets; and
(4) an identification of any policy or technical challenges to
implementing artificial intelligence or machine learning for
purposes of carrying out the Shipyard Infrastructure Optimization
Program of the Department of the Navy.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy shall provide to the
congressional defense committees a briefing on--
(1) the strategy under subsection (a);
(2) the results of the assessment under subsection (b); and
(3) a plan to execute any measures pursuant to such assessment.
SEC. 351. ASSESSMENT AND STRATEGY RELATING TO HARDENING OF CERTAIN
MILITARY INSTALLATIONS AGAINST ATTACK BY IRAN AND IRANIAN-
ASSOCIATED GROUPS.
(a) Assessment and Strategy.--The Secretary of Defense, in
coordination with the Commander of the United States Central Command,
shall--
(1) conduct an assessment of the air and missile defense
capabilities at covered military installations with respect to
defense against potential attacks from Iran, the Islamic
Revolutionary Guard Corps, and any associated groups; and
(2) taking into account the results of such assessment, develop
a strategy to expedite the hardening of covered military
installations and the upgrade of air and missile defense
capabilities at such installations to improve defense against such
potential attacks.
(b) Reports.--
(1) Initial report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the results of
the assessment under subsection (a)(1) and the strategy developed
under subsection (a)(2).
(2) Update.--Not later than 180 days after the date on which
the Secretary submits the report under paragraph (1), the Secretary
shall submit to the congressional defense committees a report
containing a description of any update made to such assessment or
progress made in implementing such strategy.
(c) Definitions.--In this section:
(1) The term ``covered military installation'' means a military
installation located in the area of responsibility of the United
States Central Command.
(2) The term ``military installation'' has the meaning given
such term in section 2801 of title 10, United States Code.
SEC. 352. SEMIANNUAL BRIEFINGS ON OPERATIONAL STATUS OF AMPHIBIOUS
WARSHIP FLEET.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and on a semiannual basis thereafter until
September 30, 2026, the Secretary of the Navy shall provide to the
congressional defense committees a briefing on the operational status
of the amphibious warship fleet of the Department of the Navy.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to each amphibious warship within such fleet, the
following information:
(1) The average quarterly operational availability of the
amphibious warship.
(2) The number of days the amphibious warship was underway
during the period covered by the briefing as follows:
(A) Training for the purpose of supporting the requirements
set forth in the training and readiness manual of the Marine
Corps, including unit level well-deck training, flight-deck
operations training, and Amphibious Ready Group and Marine
Expeditionary Unit integrated training.
(B) Deployed, which shall not include scheduled or
unscheduled in-port maintenance.
(3) A baseline and current estimate of the completion date for
in-work and scheduled and unscheduled maintenance for the
amphibious warship.
(4) An update on any delays in the completion of scheduled or
unscheduled maintenance, and on any casualty reports, of the
amphibious warship affecting the following:
(A) Scheduled unit level well-deck or flight-deck
operations training of the Marine Corps.
(B) Requirements set forth in the training and readiness
manual of the Marine Corps, including with respect to mobility,
communications, amphibious well-deck operations, aviation
operations, and warfare training.
(C) The composition and deployment dates of Amphibious
Ready Groups and Marine Expeditionary Units that are deployed
or scheduled to be deployed.
(5) A plan to schedule maintenance and repair for the
amphibious warship in a manner that provides for the continuous
operation of a total of three Amphibious Ready Groups and Marine
Expeditionary Units as soon as practicable.
(c) Definitions.--In this section:
(1) The term ``amphibious warship'' means a ship that is
classified as an amphibious assault ship (general purpose), an
amphibious assault ship (multi-purpose), an amphibious transport
dock, or a dock landing ship and is included within the battle
force inventory of the Department of the Navy in accordance with
the instruction from the Secretary of the Navy published on June
28, 2022, titled ``General Guidance for the Classification of Naval
Vessels and Battle Force Ship Counting Procedures'' (SECNAVINST
5030.8), or any successor instruction.
(2) The terms ``Amphibious Ready Group'' and ``Marine
Expeditionary Unit'' mean a group or unit, as the case may be, that
consists of a minimum of three amphibious warships, comprised of at
least--
(A) one amphibious assault ship (general purpose) or
amphibious assault ship (multi-purpose); and
(B) one amphibious transport dock.
Subtitle E--Other Matters
SEC. 361. REVIEW OF NOTICE OF PRESUMED RISK ISSUED BY MILITARY
AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE.
Section 183a(c)(3) of title 10, United States Code, is amended by
inserting ``The Clearinghouse shall ensure that a governor has at least
30 days after the date on which the governor receives the notice of
presumed risk to provide any such comments and shall provide detailed
information and other information necessary to ensure that the governor
can fully understand the nature of the presumed risk.'' after the first
sentence.
SEC. 362. MODIFICATIONS TO MILITARY AVIATION AND INSTALLATION
ASSURANCE CLEARINGHOUSE FOR REVIEW OF MISSION OBSTRUCTIONS.
(a) Projects Proposed Within Two Nautical Miles of Any Active
Intercontinental Ballistic Missile Launch Facility or Control Center.--
Section 183a of title 10, United States Code, is amended--
(1) in subsection (d)(2)--
(A) in subparagraph (B), by inserting ``or any active
intercontinental ballistic missile launch facility or control
center'' after ``military training routes''; and
(B) in subparagraph (E), by striking ``or a Deputy Under
Secretary of Defense'' and inserting ``a Deputy Under Secretary
of Defense, or, in the case of a geographic area of concern
related to an active intercontinental ballistic missile launch
facility or control center, the Assistant Secretary of Defense
for Energy, Installations, and Environment''; and
(2) in subsection (e)(1)--
(A) in the first sentence--
(i) by striking ``The Secretary'' and inserting ``(A)
The Secretary''; and
(ii) by inserting ``or antenna structure project''
after ``energy project'';
(B) in the second sentence, by striking ``The Secretary of
Defense's finding of unacceptable risk to national security''
and inserting the following new subparagraph:
``(C) Any finding of unacceptable risk to national security by the
Secretary of Defense under this paragraph''; and
(C) by inserting after subparagraph (A), as designated by
subparagraph (A)(i) of this paragraph, the following new
subparagraph:
``(B)(i) In the case of any energy project or antenna structure
project with proposed structures more than 200 feet above ground level
located within two nautical miles of the geographic center of an active
intercontinental ballistic missile launch facility or control center,
the Secretary of Defense shall issue a finding of unacceptable risk to
national security for such project if the mitigation actions identified
pursuant to this section do not include removal of all such proposed
structures from such project after receiving notice of presumed risk
from the Clearinghouse under subsection (c)(2).
``(ii) Clause (i) does not apply to structures approved before the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2024 or to structures that are re-powered with updated
technology in the same location as previously approved structures.''.
(b) Inclusion of Antenna Structure Projects.--
(1) In general.--Such section is further amended--
(A) by inserting ``or antenna structure projects'' after
``energy projects'' each place it appears; and
(B) by inserting ``or antenna structure project'' after
``energy project'' each place it appears (except for
subsections (e)(1) and (h)(2)).
(2) Antenna structure project and intercontinental ballistic
missile launch facility or control center defined.--Section 183a(h)
of such title is amended--
(A) by redesignating paragraphs (2) through (9) as
paragraphs (4) through (11), respectively; and
(B) by inserting after paragraph (1) the following new
paragraphs:
``(2) The term `antenna structure project'--
``(A) means a project to construct a structure located
within two nautical miles of the geographic center of any
intercontinental ballistic missile launch facility or control
center that--
``(i) is constructed or used to transmit radio energy
or that is constructed or used for the primary purpose of
supporting antennas to transmit or receive radio energy (or
both), and any antennas and other appurtenances mounted on
the structure, from the time construction of the supporting
structure begins until such time as the supporting
structure is dismantled; and
``(ii) for which notification is required to be made to
the Federal Aviation Administration pursuant to processes
already established under this title; and
``(B) does not include--
``(i) any structure constructed before the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2024, including any such structure which is
upgraded, repaired, or otherwise modified after such date
of enactment as long as such upgrade, repair, or
modification has not increased the height of such
structure; or
``(ii) any project in support of or required by an
intercontinental ballistic missile launch facility or
control center, or any other such project that has been
approved by the Secretary of Defense or the Secretary of
Defense's designee for use on the same military
installation at which such facility or control center is
located.
``(3) The term `intercontinental ballistic missile launch
facility or control center' means such facilities or control
centers located at the Francis E. Warren Air Force Base; the
Malmstrom Air Force Base, and the Minot Air Force Base, and their
respective missile fields.''.
SEC. 363. MODIFICATION TO JOINT SAFETY COUNCIL.
Title 10, United States Code, is amended--
(1) by redesignating the second section 184 (relating to the
Joint Safety Council) as section 185;
(2) in section 185(d), as so redesignated--
(A) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) Ensuring each military department has in place, for the
safety management system and program described in paragraphs (5)
and (6), respectively, of that military department--
``(A) a resolution plan that identifies specific corrective
and preventative actions to address the causes of mishaps; and
``(B) an implementation plan for such system and
program.'';
(C) in paragraph (8), as redesignated by subparagraph (A),
by striking ``the safety management systems described in
paragraphs (9) and (10)'' and inserting ``the safety management
system and program described in paragraphs (5) and (6),
respectively''; and
(D) by adding at the end the following new paragraphs:
``(11) Not later than one year after the initial identification
of corrective and preventative actions by a military department
pursuant to a resolution plan under paragraph (7)(A), and
periodically thereafter, reviewing and validating each such
identified corrective and preventative action to ensure the action
is effective.
``(12) Ensuring any related change in methods, tactics, or
procedures necessary for the conduct of such identified corrective
and preventative actions have been implemented.''.
SEC. 364. DESIGNATION OF OFFICIAL RESPONSIBLE FOR COORDINATION OF
RENEGOTIATION OF CERTAIN LAND LEASES OWNED BY DEPARTMENT OF
DEFENSE IN HAWAII.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall designate an
official to be responsible for, in coordination with appropriate
officials from the military departments (as such term is defined in
section 101(a) of title 10, United States Code) and the United States
Indo-Pacific Command--
(1) coordinating Department of Defense-wide efforts relating to
the renegotiation of land leases owned by the Department of Defense
in the State of Hawaii expiring between 2029 and 2031;
(2) representing the Department of Defense during any such
renegotiation; and
(3) ensuring clear and consistent communication to such State,
State and local elected officials, and the public regarding the
needs and priorities of the Department of Defense with respect to
joint land use in such State.
(b) Selection.--In making the designation under subsection (a), the
Secretary of Defense may appoint an individual with a significant
background and expertise in--
(1) relevant legal and technical aspects of land lease issues;
and
(2) working with State and local elected officials and the
public in such State.
(c) Notification.--Not later than 30 days after the date on which
the Secretary of Defense makes the designation under subsection (a),
the Secretary shall submit to the congressional defense committees and
the Governor of Hawaii a notification that includes the name and
contact information of the individual so designated.
SEC. 365. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS
EXECUTIVE AGENT FOR NAVAL SMALL CRAFT INSTRUCTION AND TECHNICAL
TRAINING SCHOOL.
The Secretary of the Navy shall continue, through fiscal year
2024--
(1) to perform the responsibilities of the Department of
Defense executive agent for the Naval Small Craft Instruction and
Technical Training School pursuant to section 352(b) of title 10,
United States Code; and
(2) in coordination with the Commander of the United States
Special Operations Command, to provide such support, including
resourcing and manpower, as may be necessary for the continued
operation of such school.
SEC. 366. ESTABLISHMENT OF CAISSON PLATOON AND SUPPORT FOR MILITARY
AND STATE FUNERAL SERVICES AT ARLINGTON NATIONAL CEMETERY.
(a) Establishment.--There is established in the Department of the
Army an equine unit, to be known as the ``Caisson Platoon'', assigned
to the 3rd Infantry Regiment of the Army. The duties of such unit shall
include the provision of support for military and State funerals.
(b) Prohibitions on Elimination.--The Secretary of the Army may not
eliminate the Caisson Platoon of the 3rd Infantry Regiment of the Army
established under subsection (a).
(c) Briefings.--
(1) Provision to congress.--Not later than 60 days after the
date of the enactment of this Act, and not less frequently than
every 180 days thereafter until March 31, 2027, the Secretary of
the Army shall provide to the congressional defense committees a
briefing on the health, welfare, and sustainment of military
working equids.
(2) Elements.--Each briefing under paragraph (1) shall include
the following:
(A) An assessment of the ability of the Caisson Platoon of
the 3rd Infantry Regiment of the Army to support military
funeral operations within Arlington National Cemetery,
including milestones associated with achieving full operational
capability for such Caisson Platoon.
(B) An update on the plan of the task force known as the
``Task Force-Military Working Equids'' established by the
Office of the Surgeon General, as directed by the Director of
the Army Staff, in May 2022 (or any successor task force), to
promote, support, and sustain animal health and welfare.
(C) An update on the plan of such task force to ensure the
Caisson Platoon of the 3rd Infantry Regiment of the Army has
the ability to continuously support military and State funeral
operations within Arlington National Cemetery.
SEC. 367. RECOVERY OF RARE EARTH ELEMENTS AND OTHER STRATEGIC AND
CRITICAL MATERIALS THROUGH END-OF-LIFE EQUIPMENT RECYCLING.
The Secretary of Defense shall issue policies and establish
procedures to--
(1) identify end-of-life equipment of the Department of Defense
that contains rare earth elements and other materials determined
pursuant to section 3(a) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98b(a)) to be strategic and critical
materials; and
(2) recover such materials from such equipment for the purposes
of reuse by the Department of Defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2024, as follows:
(1) The Army, 445,000.
(2) The Navy, 337,800.
(3) The Marine Corps, 172,300.
(4) The Air Force, 320,000.
(5) The Space Force, 9,400.
SEC. 402. END STRENGTH LEVEL MATTERS.
Section 115 of title 10, United States Code, is amended--
(1) in subsection (f)(2), by striking ``not more than 2
percent'' and inserting ``not more than 3 percent''; and
(2) in subsection (g)(1), by striking subparagraphs (A) and (B)
and inserting the following new subparagraphs:
``(A) vary the end strength pursuant to subsection (a)(1)(A)
for a fiscal year for the armed force or forces under the
jurisdiction of that Secretary by a number not equal to more than 2
percent of such authorized end strength;
``(B) vary the end strength pursuant to subsection (a)(1)(B)
for a fiscal year for the armed force or forces under the
jurisdiction of that Secretary by a number not equal to more than 2
percent of such authorized end strength; and
``(C) vary the end strength pursuant to subsection (a)(2) for a
fiscal year for the Selected Reserve of the reserve component of
the armed force or forces under the jurisdiction of that Secretary
by a number equal to not more than 2 percent of such authorized end
strength.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2024, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 174,800.
(3) The Navy Reserve, 57,200.
(4) The Marine Corps Reserve, 32,000.
(5) The Air National Guard of the United States, 105,000.
(6) The Air Force Reserve, 69,600.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units 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
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve for any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2024, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,327.
(4) The Marine Corps Reserve, 2,355.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2024 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States, 22,294.
(2) For the Army Reserve, 7,990.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 6,882.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2024, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2024 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2024.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Policy
Sec. 501. Authorized strength: general and flag officers on active duty.
Sec. 502. Extension of active duty term for Attending Physician at
United States Capitol.
Sec. 503. Updating authority to authorize promotion transfers between
components of the same Armed Force or a different Armed Force.
Sec. 504. Flexibility in determining terms of appointment for certain
senior officer positions.
Sec. 505. Realignment of Navy spot-promotion quotas.
Sec. 506. Authority to increase the number of medical and dental
officers recommended for promotion to certain grades.
Sec. 507. Prohibition on appointment or nomination of certain officers
who are subject to special selection review boards.
Sec. 508. Effect of failure of selection for promotion.
Sec. 509. Improvements relating to service obligation for Marine Corps
cyberspace operations officers.
Sec. 509A. Time in grade requirements.
Sec. 509B. Establishment of Legislative Liaison of the Space Force.
Sec. 509C. Extension of authority to vary number of Space Force officers
considered for promotion to major general.
Sec. 509D. Briefing on number of general officers of the Space Force on
active duty.
Subtitle B--Reserve Component Management
Sec. 511. Removal of active duty prohibition for members of the Air
Force Reserve Policy Committee.
Sec. 512. Grade of Vice Chief of the National Guard Bureau.
Sec. 513. Mobilization of Selected Reserve for preplanned missions in
support of the combatant commands.
Sec. 514. Alternative promotion authority for reserve officers in
designated competitive categories.
Sec. 515. Authorization for FireGuard Program.
Sec. 516. Designation of at least one general officer of the Marine
Corps Reserve as a joint qualified officer.
Subtitle C--General Service Authorities and Prohibitions
Sec. 521. Permanent authority to order retired members to active duty in
high-demand, low-density appointments.
Sec. 522. Prohibition on policy of the Department of Defense regarding
identification of gender or personal pronouns in official
correspondence.
Sec. 523. Prohibition on former members of the Armed Forces accepting
post-service employment with certain foreign governments.
Sec. 524. Verification of the financial independence of financial
services counselors in the Department of Defense.
Sec. 525. Modification of requirements for approval of foreign
employment by retired and reserve members of uniformed
services.
Sec. 526. Consideration of reinstatement of a member of the Armed Forces
involuntarily separated on the basis of refusal to receive a
vaccination against COVID-19.
Sec. 527. Reviews of characterization of administrative discharges of
certain members on the basis of failure to receive COVID-19
vaccine.
Sec. 528. Certain members discharged or dismissed on the sole basis of
failure to obey a lawful order to receive a vaccine for COVID-
19: communication strategy regarding reinstatement process.
Sec. 529. Continuing military service for certain members eligible for
chapter 61 retirement.
Sec. 529A. Threat-based security services and equipment for certain
former or retired Department of Defense personnel.
Sec. 529B. Limitation on establishment of new diversity, equity, and
inclusion positions; hiring freeze.
Sec. 529C. Requirement to base military accessions and promotions on
merit and performance.
Subtitle D--Military Justice and Other Legal Matters
Sec. 531. Technical and conforming amendments to the Uniform Code of
Military Justice.
Sec. 532. Establishment of staggered terms for members of the Military
Justice Review Panel.
Sec. 533. Supreme Court review of certain actions of the United States
Court of Appeals for the Armed Forces.
Sec. 534. Additional requirements for initiative to enhance the
capability of military criminal investigative organizations to
prevent and combat child sexual exploitation.
Sec. 535. Limitation on availability of funds for relocation of Army CID
special agent training course.
Sec. 536. Study on requirement for unanimous votes for findings in
general and special courts-martial and related milestones for
implementation.
Sec. 537. Study on removal of Sexual Assault Victim Advocates from the
chain of command of victims.
Subtitle E--Accession Standards and Recruitment
Sec. 541. Increased access to potential recruits at secondary schools.
Sec. 542. Modification of limitation on enlistment and induction of
persons whose score on the Armed Forces Qualification Test is
below a prescribed level.
Sec. 543. Increased access to potential recruits at institutions of
higher education.
Sec. 544. Increase in accession bonus for nurse officer candidates.
Sec. 545. Improvements to medical standards for accession to certain
Armed Forces.
Sec. 546. Future servicemember preparatory course.
Sec. 547. Pilot program on cardiac screenings for military accessions.
Sec. 548. Community college Enlisted Training Corps demonstration
program.
Sec. 549. Annual briefings on military recruitment practices in public
secondary schools and community colleges.
Subtitle F--Junior Reserve Officers' Training Corps
Sec. 551. Expansion of Junior Reserve Officers' Training Corps.
Sec. 552. Requirement for memoranda of understanding addressing certain
matters pertaining to units of the Junior Reserve Officers'
Training Corps.
Sec. 553. Junior Reserve Officers' Training Corps administrator and
instructor compensation.
Sec. 554. Prohibition of establishment or maintenance of a unit of the
Junior Reserve Officers' Training Corps at an educational
institution owned, operated, or controlled by the Chinese
Communist Party.
Sec. 555. Enforcement of program requirements for the Junior Reserve
Officers' Training Corps.
Sec. 556. Annual report on allegations of sexual misconduct in Junior
Reserve Officers' Training Corps programs.
Subtitle G--Member Education
Sec. 561. Service Academies: numbers of nominations by Members of
Congress and appointments by the Secretaries of the military
departments.
Sec. 562. Increase in the number of nominees from Guam to the Service
Academies.
Sec. 563. Consideration of standardized test scores in military service
academy application process.
Sec. 564. Service Academy professional sports pathway report and
legislative proposal required.
Sec. 565. Briefing on inclusion of advanced research programs at certain
institutions of professional military education.
Subtitle H--Member Training and Transition
Sec. 571. Amendments to pathways for counseling in the Transition
Assistance Program.
Sec. 572. Skillbridge: staffing; budgeting; outreach; report.
Sec. 573. Extension of Troops-to-Teachers program to the Job Corps.
Sec. 574. Troops-to-Teachers Program: expansion; extension.
Sec. 575. Language training centers for members of the Armed Forces and
civilian employees of the Department of Defense.
Sec. 576. Prohibition on use of Federal funds to endorse critical race
theory.
Sec. 577. Increased fitness standards for Army close combat force
military occupational specialties.
Sec. 578. Publication of training materials of the Defense Equal
Opportunity Management Institute.
Sec. 579. Prohibition on Federal funds for the Department of Defense
Countering Extremism Work Group.
Subtitle I--Family Programs, Child Care, and Dependent Education
Sec. 581. Non-medical counseling services for military families.
Sec. 582. Increase in the target funding level for military child care.
Sec. 583. Modifications to assistance to local educational agencies that
benefit dependents of members of the Armed Forces with
enrollment changes due to base closures, force structure
changes, or force relocations.
Sec. 584. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 585. Outreach campaign relating to waiting lists for military child
development centers; annual briefing.
Sec. 586. Briefings on pilot program on hiring of special needs
inclusion coordinators for Department of Defense child
development centers.
Sec. 587. Briefings on implementation of universal pre-kindergarten
programs in schools operated by the Department of Defense
Education Activity.
Sec. 588. Report on mental health and wellness support for students
enrolled in schools operated by the Department of Defense
Education Activity.
Sec. 589. Rights of parents of children attending schools operated by
the Department of Defense Education Activity.
Subtitle J--Decorations and Awards and Other Personnel Matters, Reports,
and Briefings
Sec. 591. Armed Forces workplace surveys.
Sec. 592. Due date for report on efforts to prevent and respond to
deaths by suicide in the Navy.
Sec. 593. Extension of deadline for review of World War I valor medals.
Sec. 594. Digital ambassador program of the Navy: cessation; report;
restart.
Subtitle A--Officer Policy
SEC. 501. AUTHORIZED STRENGTH: GENERAL AND FLAG OFFICERS ON ACTIVE
DUTY.
(a) Repeal of Obsolete Authority; Redesignation.--Chapter 32 of
title 10, United States Code, is amended--
(1) by repealing section 526;
(2) by redesignating section 526a as section 526;
(3) in the table of sections for such chapter, by striking the
item relating to section 526a; and
(4) in the section heading for section 526, as redesignated by
paragraph (2), by striking ``after December 31, 2022''.
(b) Increased Authorized Strength.--Section 526 of title 10, United
States Code, as redesignated and amended by subsection (a), is further
amended--
(1) in subsection (a)--
(A) by striking ``after December 31, 2022,'';
(B) in paragraph (1), by striking ``218'' and inserting
``219'';
(C) in paragraph (2), by striking ``149'' and inserting
``150'';
(D) in paragraph (3), by striking ``170'' and inserting
``171''; and
(E) in paragraph (4), by striking ``62'' and inserting
``64''; and
(2) by redesignating the second subsection designated as
subsection (i) as subsection (j).
(c) Repeal of Exclusion of Officers Serving as Lead Special Trial
Counsel From Limitations on Authorized Strengths.--Section 506 of the
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
is hereby repealed.
SEC. 502. EXTENSION OF ACTIVE DUTY TERM FOR ATTENDING PHYSICIAN AT
UNITED STATES CAPITOL.
The present incumbent Attending Physician at the United States
Capitol shall be continued on active duty until six years after the
date of the enactment of this Act.
SEC. 503. UPDATING AUTHORITY TO AUTHORIZE PROMOTION TRANSFERS
BETWEEN COMPONENTS OF THE SAME ARMED FORCE OR A DIFFERENT ARMED
FORCE.
(a) Warrant Officers Transferred Between Components Within the Same
or a Different Armed Force.--Section 578 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(g) Notwithstanding subsection (d), and subject to regulations
prescribed by the Secretary of Defense, in the case of a warrant
officer who is selected for promotion by a selection board convened
under this chapter, and prior to the placement of the warrant officer's
name on the applicable promotion list is approved for transfer to a new
component within the same or a different armed force, the Secretary
concerned may place the warrant officer's name on a corresponding
promotion list of the new component without regard to the warrant
officer's competitive category. A warrant officer's promotion under
this subsection shall be made pursuant to section 12242 of this
title.''.
(b) Officers Transferred to Reserve Active-status List.--
(1) In general.--Section 624 of such title is amended by adding
at the end the following new subsections:
``(e) Notwithstanding subsection (a)(2), in the case of an officer
who is selected for promotion by a selection board convened under this
chapter, and prior to the placement of the officer's name on the
applicable promotion list is approved for transfer to the reserve
active-status list of the same or a different armed force, the
Secretary concerned may place the officer's name on a corresponding
promotion list on the reserve active-status list without regard to the
officer's competitive category. An officer's promotion under this
subsection shall be made pursuant to section 14308 of this title.
``(f) Notwithstanding subsection (a)(3), in the case of an officer
who is placed on an all-fully-qualified-officers list, and is
subsequently approved for transfer to the reserve active-status list,
the Secretary concerned may place the officer's name on an appropriate
all-fully-qualified-officers list on the reserve active-status list. An
officer's promotion under this subsection shall be made pursuant to
section 14308 of this title.''.
(2) Date of rank.--Section 14308(c) of such title is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) The Secretary concerned may adjust the date of rank of an
officer whose name is placed on a reserve active-status promotion list
pursuant to subsection (e) or (f) of section 624 of this title.''.
SEC. 504. FLEXIBILITY IN DETERMINING TERMS OF APPOINTMENT FOR
CERTAIN SENIOR OFFICER POSITIONS.
(a) In General.--Chapter 35 of title 10, United States Code, is
amended by inserting after section 601 the following new section:
``Sec. 602. Flexibility in determining terms of appointment for certain
senior officer positions
``The Secretary of Defense may extend or reduce the duration of an
appointment made under section 152, 154, 7033, 8033, 8043, 9033, or
9082 of this title by up to six months if the Secretary determines that
such an extension or reduction is necessary either in the interests of
national defense, or to ensure an appropriate staggering of terms of
senior military leadership.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 35 of title 10, United States Code, is amended by inserting
after the item relating to section 601 the following new item:
``602. Flexibility in determining terms of appointment for certain
senior officer positions.''.
SEC. 505. REALIGNMENT OF NAVY SPOT-PROMOTION QUOTAS.
Section 605(g)(4)(B) of title 10, United States Code, is amended by
striking ``325'' and inserting ``425''.
SEC. 506. AUTHORITY TO INCREASE THE NUMBER OF MEDICAL AND DENTAL
OFFICERS RECOMMENDED FOR PROMOTION TO CERTAIN GRADES.
Section 616(d) of title 10, United States Code, is amended by
inserting ``, except, the Secretary concerned may authorize a greater
number of officers so recommended that is less than 100 percent of the
number of officers so included, for medical and dental officers
recommended for promotion to major or lieutenant commander, if the
Secretary concerned determines that such greater number is necessary to
maintain or improve medical readiness'' before the period at the end.
SEC. 507. PROHIBITION ON APPOINTMENT OR NOMINATION OF CERTAIN
OFFICERS WHO ARE SUBJECT TO SPECIAL SELECTION REVIEW BOARDS.
(a) Officers on Active-duty List.--
Section 628a(a)(2)(B) of title 10, United States Code, is
amended to read as follows:
``(B) shall not be forwarded for appointment or nomination to
the Secretary of Defense, the President, or the Senate, as
applicable.''.
(b) Officers on Reserve Active-status List.--
Section 14502a(a)(2)(B) of title 10, United States Code, is
amended to read as follows:
``(B) shall not be forwarded for appointment or nomination to
the Secretary of Defense, the President, or the Senate, as
applicable.''.
SEC. 508. EFFECT OF FAILURE OF SELECTION FOR PROMOTION.
(a) Effect of Failure of Selection for Promotion: Captains and
Majors of the Army, Air Force, Marine Corps, and Space Force and
Lieutenants and Lieutenant Commanders of the Navy.--
(1) In general.--Section 632 of title 10, United States Code,
is amended--
(A) in the section heading, by striking ``and Marine
Corps'' and inserting ``Marine Corps, and Space Force'';
(B) in subsection (a)(1), by striking ``President approves
the report of the board which considered him for the second
time'' and inserting ``Secretary concerned releases the
promotion results of the board which considered the officer for
the second time to the public''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 36 of title 10, United States Code, is amended by
striking the item relating to section 632 and inserting the
following new item:
``632. Effect of failure of selection for promotion: captains and majors
of the Army, Air Force, Marine Corps, and Space Force and
lieutenants and lieutenant commanders of the Navy.''.
(b) Retirement of Regular Officers of the Navy for Length of
Service or Failure of Selection for Promotion.--Section 8372(a)(2)(A)
of title 10, United States Code, is amended by striking ``President
approves the report of the board which considered him for the second
time'' and inserting ``Secretary concerned releases the promotion
results of the board which considered the officer for the second time
to the public''.
SEC. 509. IMPROVEMENTS RELATING TO SERVICE OBLIGATION FOR MARINE
CORPS CYBERSPACE OPERATIONS OFFICERS.
(a) Required Service.--Section 651(c) of title 10, United States
Code, is amended--
(1) in paragraph (1), by inserting ``or in the case of an
unrestricted officer designated within a cyberspace occupational
specialty'' before the period at the end; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) in the case of an unrestricted officer designated within
a cyberspace occupational specialty, the period of obligated
service specified in the enlistment agreement of such officer.''.
(b) Minimum Service Requirement for Certain Cyberspace Occupational
Specialties.--Chapter 37 of title 10, United States Code, is amended by
inserting after section 653 the following new section:
``Sec. 654. Minimum service requirement for certain cyberspace
occupational specialties
``(a) Cyberspace Operations Officer.--The minimum service
obligation for any member who successfully completes training in the
armed forces in direct accession to the cyberspace operations officer
occupational specialty of the Marine Corps shall be eight years.
``(b) Service Obligation Defined.--In this section, the term
`service obligation' means the period of active duty or, in the case of
a member of a reserve component who completed cyberspace operations
training in an active duty for training status as a member of a reserve
component, the period of service in an active status in the Selected
Reserve, required to be served after completion of cyberspace
operations training.''.
SEC. 509A. TIME IN GRADE REQUIREMENTS.
Section 1305 of title 10, United States Code, is amended--
(1) in subsection (a)(3), by inserting ``or a Marine Corps
Marine Gunner warrant officer in such grade,'' after ``chief
warrant officer, W-5,'';
(2) in subsection (b), by striking ``when he'' and inserting
``when the warrant officer''; and
(3) in subsection (c)--
(A) by striking ``as he'' and inserting ``as the Secretary
concerned''; and
(B) by striking ``after he'' and inserting ``after the
warrant officer''.
SEC. 509B. ESTABLISHMENT OF LEGISLATIVE LIAISON OF THE SPACE FORCE.
Chapter 903 of title 10, United States Code, is amended by
inserting, after section 9023, the following new section:--
``Sec. 9023a. Legislative Liaison of the Space Force
``(a) Establishment.--There is a Legislative Liaison of the Space
Force.
``(b) Functions.--The Legislative Liaison shall perform legislative
affairs functions under the direction of the Chief of Space
Operations.''.
SEC. 509C. EXTENSION OF AUTHORITY TO VARY NUMBER OF SPACE FORCE
OFFICERS CONSIDERED FOR PROMOTION TO MAJOR GENERAL.
Subsection (b) of section 503 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1680) is amended
by striking ``shall terminate on December 31, 2022'' and inserting
``shall terminate on December 31, 2024''.
SEC. 509D. BRIEFING ON NUMBER OF GENERAL OFFICERS OF THE SPACE FORCE ON
ACTIVE DUTY.
Not later than March 1, 2024, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a briefing regarding the number of general officers of
the Space Force on active duty. Such briefing shall include the
following elements:
(1) The evaluation of the Secretary whether the current number
of such general officers is sufficient to meet the requirements
of--
(A) the Space Force;
(B) joint duty assignments under chapter 38 of title 10,
United States Code; and
(C) the combatant commands.
(2) Any proposal of the Secretary to increase the maximum
number (under section 526a of such title) of such general officers
in order to meet such requirements in the future.
(3) A justification for any such proposal.
Subtitle B--Reserve Component Management
SEC. 511. REMOVAL OF ACTIVE DUTY PROHIBITION FOR MEMBERS OF THE AIR
FORCE RESERVE POLICY COMMITTEE.
Section 10305 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``not on active duty'' both
places it appears; and
(2) in subsection (c)--
(A) by inserting ``of the reserve components'' after
``among the members''; and
(B) by striking ``not on active duty''.
SEC. 512. GRADE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10505 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Grade.--(1) The Vice Chief of the National Guard Bureau shall
be appointed to serve in the grade of general.
``(2) The Secretary of Defense shall designate, pursuant to
subsection (b) of section 526 of this title, the position of Vice Chief
of the National Guard Bureau as one of the general officer and flag
officer positions to be excluded from the limitations in subsection (a)
of such section.''.
SEC. 513. MOBILIZATION OF SELECTED RESERVE FOR PREPLANNED MISSIONS
IN SUPPORT OF THE COMBATANT COMMANDS.
Section 12304b(b)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively;
(2) by striking ``Units'' and inserting ``(A) Except as
provided under subparagraph (B), units''; and
(3) by adding at the end the following new subparagraph:
``(B) In the event the President's budget is delivered later
than April 1st in the year prior to the year of the mobilization of
one or more units under this section, the Secretary concerned may
submit to Congress the information required under subparagraph (A)
in a separate notice.''.
SEC. 514. ALTERNATIVE PROMOTION AUTHORITY FOR RESERVE OFFICERS IN
DESIGNATED COMPETITIVE CATEGORIES.
(a) In General.--Part III of subtitle E of title 10, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 1413--ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN
DESIGNATED COMPETITIVE CATEGORIES
``Sec.
``15101. Officers in designated competitive categories.
``15102. Selection for promotion.
``15103. Eligibility for consideration for promotion.
``15104. Opportunities for consideration for promotion.
``15105. Promotions.
``15106. Failure of selection for promotion.
``15107. Retirement: retirement for years of service; selective early
retirement.
``15108. Continuation on the Reserve Active-Status List.
``15109. Other administrative authorities.
``15110. Regulations.
``Sec. 15101. Officers in designated competitive categories
``(a) Authority to Designate Competitive Categories of Officers.--
Each Secretary of a military department may designate one or more
competitive categories for promotion of officers under section 14005 of
this title that are under the jurisdiction of such Secretary as a
competitive category of officers whose promotion, retirement, and
continuation on the reserve active-status list shall be subject to the
provisions of this chapter.
``(b) Limitation on Exercise of Authority.--The Secretary of a
military department may not designate a competitive category of
officers for purposes of this chapter until 60 days after the date on
which the Secretary submits to the Committees on Armed Services of the
Senate and the House of Representatives a report on the designation of
the competitive category. The report on the designation of a
competitive category shall set forth the following:
``(1) A detailed description of officer requirements for
officers within the competitive category.
``(2) An explanation of the number of opportunities for
consideration for promotion to each particular grade, and an
estimate of promotion timing, within the competitive category.
``(3) An estimate of the size of the promotion zone for each
grade within the competitive category.
``(4) A description of any other matters the Secretary
considered in determining to designate the competitive category for
purposes of this chapter.
``Sec. 15102. Selection for promotion
``(a) In General.--Except as provided in this section, the
selection for promotion of officers in any competitive category of
officers designated for purposes of this chapter shall be governed by
the provisions under chapter 1403 of this title.
``(b) No Recommendation for Promotion of Officers Below Promotion
Zone.--Section 14301(d) of this title shall not apply to the selection
for promotion of officers described in subsection (a).
``(c) Recommendation for Officers to Be Excluded From Future
Consideration for Promotion.--In making recommendations pursuant to
chapter 1403 of this title for purposes of the administration of this
chapter, a selection board convened under section 14101(a) of this
title may recommend that an officer considered by the board be excluded
from future consideration for promotion under this chapter.
``Sec. 15103. Eligibility for consideration for promotion
``(a) In General.--Except as provided by this section, eligibility
for promotion of officers in any competitive category of officers
designated for purposes of this chapter shall be governed by the
provisions of sections 14301, 14303, and 14304 of this title.
``(b) Inapplicability of Certain Time-in-grade Requirements.--
Sections 14303 and 14304 of this title shall not apply to the promotion
of officers described in subsection (a).
``(c) Inapplicability to Officers Above and Below Promotion Zone.--
The following provisions of this title shall not apply to the promotion
of officers described in subsection (a):
``(1) The reference in section 14301(b) to an officer above the
promotion zone.
``(2) Section 14301(d).
``(d) Ineligibility of Certain Officers.--The following officers
are not eligible for promotion under this chapter:
``(1) An officer described in section 14301(c) of this title.
``(2) An officer not included within the promotion zone.
``(3) An officer who has failed of promotion to a higher grade
the maximum number of times specified for opportunities for
promotion for such grade within the competitive category concerned
pursuant to section 15104 of this title.
``(4) An officer recommended by a selection board to be removed
from consideration for promotion in accordance with section
15102(c) of this title.
``Sec. 15104. Opportunities for consideration for promotion
``(a) Specification of Number of Opportunities for Consideration
for Promotion.--In designating a competitive category of officers
pursuant to section 15101 of this title, the Secretary of a military
department shall specify the number of opportunities for consideration
for promotion to be afforded officers of the armed force concerned
within the category for promotion to each grade above the grade of
first lieutenant or lieutenant (junior grade), as applicable.
``(b) Limited Authority of Secretary of Military Department to
Modify Number of Opportunities.--The Secretary of a military department
may modify the number of opportunities for consideration for promotion
to be afforded officers of an armed force within a competitive category
for promotion to a particular grade, as previously specified by the
Secretary pursuant subsection (a) of this subsection, not more
frequently than once every five years.
``(c) Discretionary Authority of Secretary of Defense to Modify
Number of Opportunities.--The Secretary of Defense may modify the
number of opportunities for consideration for promotion to be afforded
officers of an armed force within a competitive category for promotion
to a particular grade, as previously specified or modified pursuant to
any provision of this section, at the discretion of the Secretary.
``(d) Limitation on Number of Opportunities Specified.--The number
of opportunities for consideration for promotion to be afforded
officers of an armed force within a competitive category for promotion
to a particular grade, as specified or modified pursuant to any
provision of this section, may not exceed five opportunities.
``(e) Effect of Certain Reduction in Number of Opportunities
Specified.--If, by reason of a reduction in the number of opportunities
for consideration for promotion under this section, an officer would no
longer have one or more opportunities for consideration for promotion
that were available to the officer before the reduction, the officer
shall be afforded one additional opportunity for consideration for
promotion after the reduction.
``Sec. 15105. Promotions
``Sections 14307 through 14317 of this title shall apply in
promotions of officers in competitive categories of officers designated
for purposes of this chapter.
``Sec. 15106. Failure of selection for promotion
``(a) In General.--Except as provided in this section, sections
14501 through 14513 of this title shall apply to promotions of officers
in competitive categories of officers designated for purposes of this
chapter.
``(b) Inapplicability of Failure of Selection for Promotion to
Officers Above Promotion Zone.--The reference in section 14501 of this
title to an officer above the promotion zone shall not apply in the
promotion of officers described in subsection (a).
``(c) Special Selection Board Matters.--The reference in section
14502(a)(1) of this title to a person above the promotion zone shall
not apply in the promotion of officers described in subsection (a).
``(d) Effect of Failure of Selection.--In the administration of
this chapter pursuant to subsection (a)--
``(1) an officer described in subsection (a) shall not be
deemed to have failed twice of selection for promotion for purposes
of section 14502(b) of this title until the officer has failed
selection of promotion to the next higher grade the maximum number
of times specified for opportunities for promotion to such grade
within the competitive category concerned pursuant to section 15104
of this title; and
``(2) any reference in sections 14504 through 14506 of this
title to an officer who has failed of selection for promotion to
the next higher grade for the second time shall be deemed to refer
instead to an officer described in subsection (a) who has failed of
selection for promotion to the next higher grade for the maximum
number of times specified for opportunities for promotion to such
grade within the competitive category concerned pursuant to such
section 15104.
``Sec. 15107. Retirement: retirement for years of service; selective
early retirement
``(a) Retirement for Years of Service.--Sections 14507 through
14515 of this title shall apply to the retirement of officers in
competitive categories of officers designated for purposes of this
chapter.
``(b) Selective Early Retirement.--Section 14101(b) of this title
shall apply to the retirement of officers described in subsection (a).
``Sec. 15108. Continuation on the Reserve Active-Status List
``Sections 14701 through 14703 of this title shall apply in
continuation or retention on a reserve active-status list of officers
designated for purposes of this chapter.
``Sec. 15109. Other administrative authorities
``(a) In General.--The following provisions of this title shall
apply to officers in competitive categories of officers designated for
purposes of this chapter:
``(1) Section 14518, relating to continuation of officers to
complete disciplinary action.
``(2) Section 14519, relating to deferment of retirement or
separation for medical reasons.
``(3) Section 14704, relating to the selective early removal
from the reserve active-status list.
``(4) Section 14705, relating to the selective early retirement
of reserve general and flag officers of the Navy and Marine Corps.
``Sec. 15110. Regulations
``The Secretary of Defense shall prescribe regulations regarding
the administration of this chapter. The elements of such regulations
shall include mechanisms to clarify the manner in which provisions of
other chapters of this part of the title shall be used in the
administration of this chapter in accordance with the provisions of
this chapter.''.
(b) Table of Chapters Amendment.--The table of chapters at the
beginning of part III of subtitle E of title 10, United States Code, is
amended by adding at the end the following new item:
``1413. Alternative promotion authority for officers in designated
competitive categories..........................................15101''.
SEC. 515. AUTHORIZATION FOR FIREGUARD PROGRAM.
(a) Authority.--Chapter 5 of title 32, United States Code, is
amended by adding at the end the following new section:
``Sec. 510. Authorization for FireGuard Program
``The Secretary of Defense may use members of the National Guard to
carry out a program to aggregate, analyze, and assess multi-source
remote sensing information for interagency partnerships in the
detection and monitoring of wildfires, and to support any emergency
response to such wildfires. Such a program shall be known as the
`FireGuard Program'.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``510. Authorization for FireGuard Program.''.
(c) Conforming Amendment.--The National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) is amended by striking section
515.
SEC. 516. DESIGNATION OF AT LEAST ONE GENERAL OFFICER OF THE MARINE
CORPS RESERVE AS A JOINT QUALIFIED OFFICER.
The Secretary of Defense shall ensure that at least one general
officer of the Marine Corps Reserve is designated as a joint qualified
officer.
Subtitle C--General Service Authorities and Prohibitions
SEC. 521. PERMANENT AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE
DUTY IN HIGH-DEMAND, LOW-DENSITY APPOINTMENTS.
(a) In General.--Section 688a of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``Retired members:
temporary authority'' and inserting ``Authority'';
(2) by striking subsection (f);
(3) by redesignating subsections (g) and (h) as subsections (f)
and (g), respectively; and
(4) in subsection (f), as redesignated by paragraph (3), by
striking ``limitations in subsections (c) and (f)'' and inserting
``limitation in subsection (c)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 39 of title 10, United States Code, is amended by striking the
item relating to section 688a and inserting the following new item:
``688a. Authority to order to active duty in high-demand, low-density
assignments.''.
SEC. 522. PROHIBITION ON POLICY OF THE DEPARTMENT OF DEFENSE
REGARDING IDENTIFICATION OF GENDER OR PERSONAL PRONOUNS IN
OFFICIAL CORRESPONDENCE.
Chapter 49 of title 10, United States Code, is amended by inserting
after section 985 the following new section 986:
``Sec. 986. Policy regarding identification of gender or personal
pronouns in official correspondence
``The Secretary of Defense may not require or prohibit a member of
the armed forces or a civilian employee of the Department of Defense to
identify the gender or personal pronouns of such member or employee in
any official correspondence of the Department.''.
SEC. 523. PROHIBITION ON FORMER MEMBERS OF THE ARMED FORCES
ACCEPTING POST-SERVICE EMPLOYMENT WITH CERTAIN FOREIGN
GOVERNMENTS.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 989. Prohibition on former members of the armed forces accepting
post-service employment with certain foreign governments
``(a) In General.--Except as provided by subsection (b), a covered
individual may not occupy a covered post-service position.
``(b) Temporary Waiver.--
``(1) In general.--The Secretary of Defense shall establish a
process under which a covered individual may be granted a temporary
waiver of the prohibition under subsection (a) if--
``(A) the individual, or a Federal agency on behalf of, and
with the consent of, the individual, submits to the Secretary a
written application for a waiver in such form and manner as the
Secretary determines appropriate; and
``(B) the Secretary determines that the waiver is necessary
to advance the national security interests of the United
States.
``(2) Period of waiver.--A waiver issued under paragraph (1)
shall apply for a period not exceeding 5 years. The Secretary may
renew such a waiver.
``(3) Revocation.--The Secretary may revoke a waiver issued
under paragraph (1) to a covered individual with respect to a
covered-post service position if the Secretary determines that the
employment of the individual in the covered-post service position
poses a threat to national security.
``(4) Notification.--
``(A) In general.--Not later than 30 days after the date on
which the Secretary issues a waiver under paragraph (1) or
revokes a waiver under paragraph (3), the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives written notification of the waiver
or revocation, as the case may be.
``(B) Elements.--A notification required by subparagraph
(A) shall include the following:
``(i) With respect to a waiver issued to a covered
individual--
``(I) the details of the application, including the
position held by the individual in the armed forces;
``(II) the nature of the post-service position of
the individual;
``(III) a description of the national security
interests that will be advanced by reason of issuing
such a waiver; and
``(IV) the specific reasons why the Secretary
determines that issuing the waiver will advance such
interests.
``(ii) With respect to a revocation of a waiver issued
to a covered individual--
``(I) the details of the waiver, including any
renewals of the waiver, and the dates of such waiver
and renewals; and
``(II) the specific reasons why the Secretary
determined that the revocation is warranted.
``(c) Certification of Prohibition.--In implementing the
prohibition under subsection (a), the Secretary shall establish a
process under which each member of the armed forces is, before the
member retires or is otherwise separated from the armed forces--
``(1) informed in writing of the prohibition, and the penalties
for violations of the prohibition; and
``(2) required to certify that the member understands the
prohibition and those penalties.
``(d) Penalties.--In the case of a covered individual who knowingly
and willfully fails to comply with the prohibition under subsection
(a), the Secretary may, as applicable--
``(1) withhold any pay, allowances, or benefits that would
otherwise be provided to the individual by the Department of
Defense; and
``(2) revoke any security clearance of the individual.
``(e) Annual Reports.--
``(1) Requirement.--Not later than March 31, 2024, and annually
thereafter, the Secretary shall submit to the congressional defense
committees a report on covered post-service employment occurring
during the year covered by the report.
``(2) Elements.--Each report required by paragraph (1) shall
include the following:
``(A) The number of former covered individuals who occupy a
covered post-service position, broken down by--
``(i) the name of the employer;
``(ii) the foreign government, including by the
specific foreign individual, agency, or entity, for whom
the covered post-service employment is being performed; and
``(iii) the nature of the services provided as part of
the covered post-service employment.
``(B) An assessment by the Secretary of whether--
``(i) the Department of Defense maintains adequate
systems and processes for ensuring that former members of
the armed forces are submitting required reports relating
to their employment by foreign governments;
``(ii) all covered individuals who occupy a covered
post-service position are in compliance with this section;
``(iii) the services provided by the covered
individuals who occupy a covered post-service position pose
a current or future threat to the national security of the
United States; and
``(iv) there is any credible information or reporting
that any covered individual who occupies a covered post-
service position has engaged in activities that violate
Federal law.
``(3) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
``(f) Notifications of Determinations of Certain Threats.--
``(1) Requirement.--In addition to the annual reports under
subsection (d), if the Secretary determines that the services
provided by a covered individual who occupies a covered post-
service position pose a threat described in clause (iii) of
paragraph (2)(B) of that subsection, or include activities
described in clause (iv) of such paragraph, the Secretary shall
notify the congressional defense committees of that determination
by not later than 30 days after making the determination.
``(2) Elements.--A notification required by paragraph (1) shall
include the following:
``(A) The name of the covered individual.
``(B) The name of the employer.
``(C) The foreign government, including the specific
foreign individual, agency, or entity, for whom the covered
post-service employment is being performed.
``(D) As applicable, a description of the risk to national
security and the activities that may violate Federal law.
``(g) Rule of Construction.--Nothing in this section may be
construed to indemnify or shield covered individuals from prosecution
under any relevant provision of title 18.
``(h) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual' means
an individual who has retired or otherwise separated from an active
or reserve component of the Armed Forces.
``(2) Covered post-service employment.--The term `covered post-
service employment' means direct or indirect employment by,
representation of, or any provision of advice or services relating
to national security, intelligence, the military, or internal
security to--
``(A) the government of--
``(i) a country of concern (as defined in section 1(m)
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a(m))); or
``(ii) a country the Secretary of Defense determines
acts as a proxy or passthrough for services for a country
of concern; or
``(B) any company, entity, or other person the activities
of which are directly or indirectly supervised, directed,
controlled, financed, or subsidized, in whole or in major part,
by a government described in subparagraph (A).
``(3) Covered post-service position.--The term `covered post-
service position' means a position of employment described in
paragraph (2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 49 of such title is amended by adding at the end the following
new item:
``989. Prohibition on former members of the armed forces accepting post-
service employment with certain foreign governments.''.
(c) Conforming Amendment.--Section 908 of title 37, United States
Code, is amended by adding at the end the following new subsection:
``(f) Prohibition on Former Members of Armed Forces Accepting
Employment With Certain Foreign Governments.--For a provision of law
prohibiting former members of the armed forces from accepting post-
service employment with certain foreign governments, see section 989 of
title 10.''.
SEC. 524. VERIFICATION OF THE FINANCIAL INDEPENDENCE OF FINANCIAL
SERVICES COUNSELORS IN THE DEPARTMENT OF DEFENSE.
(a) Verification of Financial Independence.--Section 992 of title
10, United States Code, is amended--
(1) in subsection (b)(2)(A)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii)--
(i) by striking ``may'' and inserting ``shall'';
(ii) by striking ``installation by any means elected by
the Secretary from among the following:'' and inserting
``installation--'';
(iii) in subclause (I)--
(I) by striking ``Through'' and inserting
``through''; and
(II) by striking ``Defense.'' and inserting
``Defense;'';
(iv) in subclause (II)--
(I) by striking ``By contract'' and inserting ``by
contract''; and
(II) by striking ``Internet.'' and inserting
``Internet; or''; and
(v) in subclause (III)--
(I) by striking ``Through'' and inserting
``through''; and
(II) by striking ``counseling.'' and inserting
``counseling; and''; and
(C) by adding at the end the following new clause:
``(iii) may not provide financial services through any
individual unless such individual agrees to submit financial
disclosures annually to the Secretary.'';
(2) in subsection (b)(2)(B), by striking ``installation by any
of the means set forth in subparagraph (A)(ii), as elected by the
Secretary concerned.'' and inserting ``installation in accordance
with the requirements established under subparagraph (A)(ii) and
(iii).''; and
(3) in subsection (b)(4)--
(A) by inserting ``(A)'' before ``The Secretary''; and
(B) by inserting at the end the following new
subparagraphs:
``(B) In carrying out the requirements of subparagraph (A), the
Secretary concerned shall establish a requirement that each financial
services counselor under paragraph (2)(A)(i), and any other individual
providing counseling on financial services under paragraph (2), submit
financial disclosures annually to the Secretary.
``(C) The Secretary concerned shall review all financial
disclosures submitted pursuant to subparagraph (B) to ensure the
counselor, or the individual providing counseling, is free from
conflict as required under this paragraph.
``(D) If the Secretary concerned determines that a financial
services counselor under paragraph (2)(A)(i), or any other individual
providing counseling on financial services under paragraph (2), is not
free from conflict as required under this paragraph, the Secretary
shall ensure that the counselor, or the individual providing
counseling, does not provide such services until such time as the
Secretary determines that such conflict is resolved.''.
(b) Briefing on Financial Independence.--Not later than 180 days
after the date of the enactment of this Act, each Secretary concerned
shall submit to Congress a briefing on the implementation of the
amendments made by this section.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given to such term in section
101 of title 10, United States Code.
SEC. 525. MODIFICATION OF REQUIREMENTS FOR APPROVAL OF FOREIGN
EMPLOYMENT BY RETIRED AND RESERVE MEMBERS OF UNIFORMED SERVICES.
Section 908 of title 37, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``A person'' and inserting ``(1) A
person'';
(B) by inserting ``after determining that such approval is
not contrary to the national interests of the United States''
after ``approve the employment''; and
(C) by adding at the end the following new paragraph:
``(2) The Secretary of a military department may delegate the
determination of the Secretary required by paragraph (1) only to an
official of the military department at or above the level of an
Assistant Secretary or, in the event of a vacancy in the position of
such an official, a civilian official performing the duties of that
position.''; and
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``an officer'' and inserting ``a person''; and
(ii) by striking subparagraphs (B) and (C) and
inserting the following new subparagraphs:
``(B) A description of the duties, if any, the person is to
perform and the compensation the person is to receive for such
duties, as reflected in the person's application for approval of
the employment or compensation or payment or award.
``(C) The position the person held or holds in the armed
forces, including the rank of the person and the armed force in
which the person served.
``(D) Any other information the Secretaries of the military
departments consider relevant, except that such information may not
include the person's date of birth, Social Security number, home
address, phone number, or any other personal identifier other than
the name and rank of the person and the armed force in which the
person served.''; and
(B) by adding at the end the following new paragraph:
``(3) Not later than 60 days after the date on which a report
required by paragraph (1) is submitted, the Secretaries of the military
departments shall make the report, and all contents of the report,
available on a publicly accessible internet website.''.
SEC. 526. CONSIDERATION OF REINSTATEMENT OF A MEMBER OF THE ARMED
FORCES INVOLUNTARILY SEPARATED ON THE BASIS OF REFUSAL TO RECEIVE
A VACCINATION AGAINST COVID-19.
(a) Reinstatement.--
(1) Request; consideration.--At the request of a covered
individual during the two years following the date of the
involuntary separation of the covered individual, the Secretary
concerned shall consider reinstating such covered individual--
(A) as a member of the Armed Force concerned; and
(B) in the grade held by such covered individual
immediately before the involuntary separation of the covered
individual.
(2) Treatment of period between separation and reinstatement.--
The Secretary concerned shall treat the period of time between the
involuntary separation of a covered individual and the
reinstatement of such covered individual under paragraph (1) as a
period of inactivation from active service under the following
provisions of section 710 of title 10, United States Code:
(A) Subsection (b).
(B) Subparagraphs (B) through (D) of paragraph (2) of
subsection (f).
(C) Paragraph (4) of subsection (f).
(D) Subsection (g).
(b) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual--
(1) involuntarily separated from an Armed Force solely on the
basis of the refusal of such individual to receive a vaccination
against COVID-19; and
(2) who, during the period beginning on August 24, 2021, and
ending on February 24, 2023, submitted a request for a religious,
administrative, or medical exemption from a requirement to receive
a vaccination against COVID-19.
SEC. 527. REVIEWS OF CHARACTERIZATION OF ADMINISTRATIVE DISCHARGES
OF CERTAIN MEMBERS ON THE BASIS OF FAILURE TO RECEIVE COVID-19
VACCINE.
(a) Mandatory Review.--A board established under section 1553 of
title 10, United States Code, shall grant a request pursuant to such
section to review the characterization of a discharge or dismissal of a
former member of a covered Armed Force if such discharge or dismissal
was solely based on the failure of such former member to obey a lawful
order to receive a vaccine for COVID-19.
(b) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the Army, Navy, Marine Corps, Air Force,
Coast Guard, or Space Force.
SEC. 528. CERTAIN MEMBERS DISCHARGED OR DISMISSED ON THE SOLE BASIS
OF FAILURE TO OBEY A LAWFUL ORDER TO RECEIVE A VACCINE FOR COVID-
19: COMMUNICATION STRATEGY REGARDING REINSTATEMENT PROCESS.
(a) Communication Strategy Required.--Not later than six months
after the date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretaries of the military departments or,
with respect the Coast Guard, the Secretary of the department in which
the Secretary is operating when the Coast Guard is not operating as a
service in the Navy, shall communicate, to a covered individual, the
current, established, process by which a covered individual may be
reinstated in the covered Armed Force concerned.
(b) Definitions.--In this section:
(1) The term ``covered individual'' means an individual
discharged or dismissed from a covered Armed Force on the sole
basis of failure to obey a lawful order to receive a vaccine for
COVID-19.
(2) The term ``covered Armed Force'' means the Army, Navy,
Marine Corps, Air Force, Coast Guard, or Space Force.
SEC. 529. CONTINUING MILITARY SERVICE FOR CERTAIN MEMBERS ELIGIBLE
FOR CHAPTER 61 RETIREMENT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations that authorize the Secretary of the military department
concerned to authorize a covered member to continue to serve in the
Armed Forces--
(1) in the current military occupational specialty of such
covered member, for which the covered member may not be deployable;
or
(2) in a military occupational specialty for which the covered
member is deployable.
(b) Rule of Construction.--A covered member who completes 20 years
of service computed under section 1208 of title 10, United States Code
shall not be denied any benefit--
(1) for which the covered member is eligible under laws
administered by the Secretary of Defense or the Secretary of
Veterans Affairs; and
(2) solely on the basis that the covered member elected to
continue to serve in the Armed Forces instead of taking retirement
under chapter 61 of title 10, United States Code.
(c) Covered Member Defined.--In this section, the term ``covered
member'' means a member of the Army, Navy, Air Force, Marine Corps, or
Space Force--
(1) whom the Secretary of the military department concerned
determines possesses skill or experience vital to the Armed Force
concerned;
(2) who incurs a disability--
(A) while eligible for special pay under section 310 of
title 37, United States Code; and
(B) that renders the member eligible for retirement under
chapter 61 of title 10, United States Code; and
(3) who seeks to continue to serve in the Armed Forces instead
of taking such retirement.
SEC. 529A. THREAT-BASED SECURITY SERVICES AND EQUIPMENT FOR CERTAIN
FORMER OR RETIRED DEPARTMENT OF DEFENSE PERSONNEL.
(a) Removal of Time Limitations.--Subsection (b) of section 714 of
title 10, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``imminent and credible
threat'' and inserting ``serious and credible threat'';
(2) in paragraph (2)(B), by striking ``for a period of up to
two years beginning on the date on which the official separates
from the Department'';
(3) by amending paragraph (5) to read as follows:
``(5) Duration of protection.--The Secretary of Defense shall
require periodic reviews, not less than once every six months, of
the duration of protection provided to individuals under this
subsection.''; and
(4) in paragraph (6)(A), by striking ``and of each
determination under paragraph (5)(B) to extend such protection and
security''.
(b) Authorization of Reimbursement or Acquisition of Security
Services.--Such section 714, as amended by subsection (a), is further
amended by adding at the end the following:
``(e) Reimbursement.--The Secretary of Defense may reimburse a
former or retired official who faces serious and credible threats
arising from duties performed while employed by the Department for
security services and equipment procured at the personal expense of the
official, not to exceed an aggregate of $15,000,000 in any fiscal year
for all former and retired officials authorized by the Secretary of
Defense for such reimbursement.''.
SEC. 529B. LIMITATION ON ESTABLISHMENT OF NEW DIVERSITY, EQUITY, AND
INCLUSION POSITIONS; HIRING FREEZE.
(a) In General.--During the period described in subsection (b), the
Secretary of Defense may not--
(1) establish any new positions within the Department of
Defense with responsibility for matters relating to diversity,
equity, and inclusion; or
(2) fill any vacancies in positions in the Department with
responsibility for such matters.
(b) Period Described.--The period described in this subsection is
the period--
(1) beginning on the date of the enactment of this Act; and
(2) ending on the date on which the Comptroller General of the
United States submits to Congress the review of the Department of
Defense diversity, equity, and inclusion workforce required by the
report of the Committee on Armed Services of the Senate
accompanying the National Defense Authorization Act for Fiscal Year
2024.
SEC. 529C. REQUIREMENT TO BASE MILITARY ACCESSIONS AND PROMOTIONS ON
MERIT AND PERFORMANCE.
(a) Merit Requirement.--A military accession or a promotion in the
Department of Defense shall be based on individual merit and
demonstrated performance.
(b) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section not later than 90 days after the
date of the enactment of this Act.
Subtitle D--Military Justice and Other Legal Matters
SEC. 531. TECHNICAL AND CONFORMING AMENDMENTS TO THE UNIFORM CODE
OF MILITARY JUSTICE.
(a) Technical Amendment Relating to Guilty Pleas for Murder.--
Section 918 of title 10, United States Code (article 118 of the Uniform
Code of Military Justice), is amended--
(1) by striking ``he'' each place it appears and inserting
``such person''; and
(2) in the matter following paragraph (4), by striking the
period and inserting ``, unless such person is otherwise sentenced
in accordance with a plea agreement entered into between the
parties under section 853a of this title (article 53a).''.
(b) Technical Amendments Relating to the Military Justice Reforms
in the National Defense Authorization Act for Fiscal Year 2022.--
(1) Article 16.--Subsection (c)(2)(A) of section 816 of title
10, United States Code (article 16 of the Uniform Code of Military
Justice), is amended by striking ``by the convening authority''.
(2) Article 25.--Section 825 of title 10, United States Code
(article 25 of the Uniform Code of Military Justice), is amended--
(A) in subsection (d)--
(i) in paragraph (1), by striking ``may, after the
findings are announced and before any matter is presented
in the sentencing phase, request, orally on the record or
in writing, sentencing by members'' and inserting ``shall
be sentenced by the military judge''; and
(ii) by amending paragraph (2) to read as follows:
``(2) In a capital case, if the accused is convicted of an offense
for which the court-martial may sentence the accused to death, the
accused shall be sentenced in accordance with section 853(c) of this
title (article 53(c)).'';
(B) in subsection (e)--
(i) in paragraph (1), by striking ``him'' and inserting
``the member being tried''; and
(ii) in paragraph (2)--
(I) in the first sentence, by striking ``his
opinion'' and inserting ``the opinion of the convening
authority''; and
(II) in the second sentence, by striking ``he'' and
inserting ``the member''; and
(C) in subsection (f), in the second sentence--
(i) by striking ``his authority'' and inserting ``the
authority of the convening authority''; and
(ii) by striking ``his staff judge advocate or legal
officer'' and inserting ``the staff judge advocate or legal
officer of the convening authority''.
(c) Authority of Special Trial Counsel With Respect to Certain
Offenses Occurring Before Effective Date of Military Justice Reforms
Enacted in the National Defense Authorization Act for Fiscal Year
2022.--
(1) Authority.--Section 824a of title 10, United States Code
(article 24a of the Uniform Code of Military Justice), as added by
section 531 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1692), is amended by adding
at the end the following new subsection:
``(d) Special Trial Counsel Authority Over Certain Other
Offenses.--
``(1) Offenses occurring before effective date.--A special
trial counsel may, at the sole and exclusive discretion of the
special trial counsel, exercise authority over the following
offenses:
``(A) An offense under section 917a (article 117a), 918
(article 118), section 919 (article 119), section 920 (article
120), section 920b (article 120b), section 920c (article 120c),
section 928b (article 128b), or the standalone offense of child
pornography punishable under section 934 (article 134) of this
title that occurred on or before December 27, 2023.
``(B) An offense under section 925 (article 125), section
930 (article 130), or section 932 (article 132) of this title
that occurred on or after January 1, 2019, and before December
28, 2023.
``(C) An offense under section 920a (article 120a) of this
title, an offense under section 925 (article 125) of this title
alleging an act of nonconsensual sodomy, or the standalone
offense of kidnapping punishable under section 934 (article
134) of this title that occurred before January 1, 2019.
``(D) A conspiracy to commit an offense specified in
subparagraph (A), (B), or (C) as punishable under section 881
of this title (article 81).
``(E) A solicitation to commit an offense specified in
subparagraph (A), (B), or (C) as punishable under section 882
of this title (article 82).
``(F) An attempt to commit an offense specified in
subparagraph (A), (B), (C), (D), or (E) as punishable under
section 880 of this title (article 80).
``(2) Effect of exercise of authority.--
``(A) Treatment as covered offense.--If a special trial
counsel exercises authority over an offense pursuant to
paragraph (1), the offense over which the special trial counsel
exercises authority shall be considered a covered offense for
purposes of this chapter.
``(B) Known or related offenses.--If a special trial
counsel exercises authority over an offense pursuant to
paragraph (1), the special trial counsel may exercise the
authority of the special trial counsel under subparagraph (B)
of subsection (c)(2) with respect to other offenses described
in that subparagraph without regard to the date on which the
other offenses occur.''.
(2) Conforming amendment to effective date.--Section 539C(a) of
the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 10 U.S.C. 801 note) is amended by striking ``and
shall'' and inserting ``and, except as provided in section 824a(d)
of title 10, United States Code (article 24a(d) of the Uniform Code
of Military Justice), shall''.
(d) Clarification of Applicability of Domestic Violence and
Stalking to Dating Partners.--
(1) Article 128b; domestic violence.--Section 928b of title 10,
United States Code (article 128b of the Uniform Code of Military
Justice), is amended--
(A) in the matter preceding paragraph (1), by striking
``Any person'' and inserting ``(a) In General.--Any person'';
(B) in subsection (a), as designated by paragraph (1) of
this section, by inserting ``a dating partner,'' after ``an
intimate partner,'' each place it appears; and
(C) by adding at the end the following new subsection:
``(b) Definitions.--In this section, the terms `dating partner',
`immediate family', and `intimate partner' have the meanings given such
terms in section 930 of this title (article 130).''.
(2) Article 130; stalking.--Section 930 of such title (article
130 of the Uniform Code of Military Justice) is amended--
(A) in subsection (a), by striking ``or to his or her
intimate partner'' each place it appears and inserting ``to his
or her intimate partner, or to his or her dating partner''; and
(B) in subsection (b)--
(i) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(ii) by inserting after paragraph (2) the following new
paragraph:
``(3) The term `dating partner', in the case of a specific
person, means a person who is or has been in a social relationship
of a romantic or intimate nature with such specific person based on
a consideration of--
``(A) the length of the relationship;
``(B) the type of relationship;
``(C) the frequency of interaction between the persons
involved in the relationship; and
``(D) the extent of physical intimacy or sexual contact
between the persons involved in the relationship.''.
(e) Effective Date.--The amendments made by subsection (b) and
subsection (c)(1) shall take effect immediately after the coming into
effect of the amendments made by part 1 of subtitle D of title V of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81) as provided in section 539C of that Act (10 U.S.C. 801 note).
SEC. 532. ESTABLISHMENT OF STAGGERED TERMS FOR MEMBERS OF THE
MILITARY JUSTICE REVIEW PANEL.
(a) Appointment to Staggered Terms.--Subsection (b) of section 946
of title 10, United States Code (article 146 of the Uniform Code of
Military Justice), is amended by adding at the end the following new
paragraph:
``(4) Establishment of staggered terms.--Notwithstanding
subsection (e), members of the Panel appointed to serve on the
Panel to fill vacancies that exist due to terms of appointment
expiring during the period beginning on August 1, 2030, and ending
on November 30, 2030, shall be appointed to terms as follows:
``(A) Three members designated by the Secretary of Defense
shall serve a term of two years.
``(B) Three members designated by the Secretary of Defense
shall serve a term of four years.
``(C) Three members designated by the Secretary of Defense
shall serve a term of six years.
``(D) Four members designated by the Secretary of Defense
shall serve a term of eight years.''.
(b) Term; Vacancies.--Subsection (e) of such section is amended to
read as follows:
``(e) Term; Vacancies.--
``(1) Term.--Subject to subsection (b)(4) and paragraphs (2)
and (3) of this subsection, each member shall be appointed for a
term of eight years, and no member may serve more than one term.
``(2) Vacancy.--Any vacancy in the Panel shall be filled in the
same manner as the original appointment. A member appointed to fill
a vacancy in the Panel that occurs before the expiration of the
term of appointment of the predecessor of such member shall be
appointed for the remainder of the term of such predecessor.
``(3) Availability of reappointment for certain members.--
Notwithstanding paragraph (1), a member of the Panel may be
appointed to a single additional term if--
``(A) the appointment of the member is to fill a vacancy
described in subsection (b)(4); or
``(B) the member was initially appointed--
``(i) to a term of four years or less in accordance
with subsection (b)(4); or
``(ii) to fill a vacancy that occurs before the
expiration of the term of the predecessor of such member
and for which the remainder of the term of such predecessor
is four years or less.''.
SEC. 533. SUPREME COURT REVIEW OF CERTAIN ACTIONS OF THE UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES.
(a) Certiorari to the United States Court of Appeals for the Armed
Forces.--
(1) In general.--Section 1259 of title 28, United States Code,
is amended--
(A) in paragraph (3), by inserting ``or refused to grant''
after ``granted''; and
(B) in paragraph (4), by inserting ``or refused to grant''
after ``granted''.
(2) Technical and conforming amendments.--
(A) Title 10.--Section 867a(a) of title 10, United States
Code (article 67a of the Uniform Code of Military Justice), is
amended by striking ``The Supreme Court may not review by a
writ of certiorari under this section any action of the United
States Court of Appeals for the Armed Forces in refusing to
grant a petition for review.''.
(B) Time for application for writ of certiorari.--
Subsection (g) of section 2101 of title 28, United States Code,
is amended to read as follows:
``(g) The time for application for a writ of certiorari to review a
decision of the United States Court of Appeals for the Armed Forces, or
the decision of a Court of Criminal Appeals that the United States
Court of Appeals for the Armed Forces refuses to grant a petition to
review, shall be as prescribed by rules of the Supreme Court.''.
(b) Effective Date and Applicability.--
(1) In general.--The amendments made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act and shall apply with respect to any action of
the United States Court of Appeals for the Armed Forces in granting
or refusing to grant a petition for review submitted to such Court
for the first time on or after such effective date.
(2) Inapplicability to pending decisions.--With respect to a
petition submitted to the United States Court of Appeals for the
Armed Forces before the effective date specified in paragraph (1)
and on which the Court has not taken action as of such date, the
provisions of the United States Code amended by subsection (a)
shall apply as if such amendments had not been enacted. Any action
of the United States Court of Appeals for the Armed Forces in
granting or refusing to grant such a petition is final and
conclusive.
(3) Finality of decisions before effective date.--Any action of
the United States Court of Appeals for the Armed Forces in granting
or refusing to grant a petition for review before the effective
date specified in paragraph (1) is final and conclusive.
(4) Rules required.--The Supreme Court shall prescribe rules to
carry out section 2101(g) of title 28, United States Code, as
amended by subsection (a)(2)(B) of this section, by not later than
the effective date specified in paragraph (1).
SEC. 534. ADDITIONAL REQUIREMENTS FOR INITIATIVE TO ENHANCE THE
CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS TO
PREVENT AND COMBAT CHILD SEXUAL EXPLOITATION.
Section 550D of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 1561 note prec.) is amended by
adding at the end the following new subsection:
``(c) Additional Requirements.--As part of the initiative under
subsection (a), the Secretary of Defense shall carry out the following
activities:
``(1) Annual report.--Not later than 90 days after the date of
the enactment of the National Defense Authorization Act for Fiscal
Year 2024, an on an annual basis thereafter through 2029, the
Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the progress of
the initiative, which shall include a description of specific
actions that have been taken, or that are planned to be taken, to
detect, combat, and stop the use of the Department of Defense
information technology network to further online child sexual
exploitation.
``(2) Partnerships.--The Secretary shall seek to enter into
partnerships and execute collaborative agreements with functional
experts, including highly qualified national child protection
organizations or law enforcement training centers with demonstrated
expertise in the delivery of law enforcement training, to identify,
investigate, and prosecute individuals engaged in online child
sexual exploitation.
``(3) Mandatory training.--The Secretary shall establish
mandatory training for criminal investigative organizations of the
Department of Defense and other appropriate personnel at military
installations to ensure that the capability and capacity to
investigate child sexual exploitation is continuously maintained
regardless of staff turnover and relocations.''.
SEC. 535. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION OF
ARMY CID SPECIAL AGENT TRAINING COURSE.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2024 for the Army
may be obligated or expended to relocate an Army CID special agent
training course until--
(1) the Secretary of the Army submits to the Committees on
Armed Services of the Senate and the House of Representatives a
report on any plans of the Secretary to relocate an Army CID
special agent training course, including an explanation of the
business case for any transfer of training personnel proposed as
part of such plan; and
(2) the Secretary provides to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on the
contents of the report specified in paragraph (1).
(b) Definitions.--In this section:
(1) The term ``relocate'', when used with respect to an Army
CID special agent training course, means the transfer of such
course to a location different than the location used for such
course as of the date of the enactment of this Act.
(2) The term ``Army CID special agent training course'' means a
training course provided to members of the Army to prepare such
members for service as special agents in the Army Criminal
Investigation Division.
SEC. 536. STUDY ON REQUIREMENT FOR UNANIMOUS VOTES FOR FINDINGS IN
GENERAL AND SPECIAL COURTS-MARTIAL AND RELATED MILESTONES FOR
IMPLEMENTATION.
(a) Study Required.--The Secretary of Defense shall conduct a study
to determine the feasibility and advisability of requiring unanimous
votes for findings of guilty, not guilty, or not guilty only by reason
of lack of mental responsibility in general and special courts-martial
conducted under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice).
(b) Use of Military Justice Experts.--The Secretary of Defense
shall convene a group of members of the Armed Forces and civilian
employees of the Department of Defense with significant expertise in
military justice matters to carry out the study required under
subsection (a).
(c) Information to Congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives the following:
(1) Report.--A report containing the results of the study
required under subsection (a).
(2) Draft legislative text.--Without regard to the contents of
the report under paragraph (1), draft legislative text that would
revise chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice) to--
(A) require a unanimous vote of all members present in a
general or special court-martial for a finding of guilty, not
guilty, or not guilty only by reason of lack of mental
responsibility for a specification; and
(B) provide that an accused may be tried a second time for
the same offense if a general or special court-martial
requiring such a unanimous vote does not result in a finding of
guilty, not guilty, or not guilty only by reason of lack of
mental responsibility for such offense.
(3) Milestones for implementation.--A description of any
milestones or other requirements that would need to be met for the
legislative text provided under paragraph (2) to be enacted by not
later than December 31, 2027.
SEC. 537. STUDY ON REMOVAL OF SEXUAL ASSAULT VICTIM ADVOCATES FROM
THE CHAIN OF COMMAND OF VICTIMS.
(a) Study.--The Secretary of Defense shall conduct a study to
determine--
(1) the feasibility and advisability of requiring that any
Sexual Assault Victim Advocate assigned to a victim under section
1565b of title 10, United States Code, be from outside the chain of
command of the victim; and
(2) the potential effects of such a requirement on the ability
of the Armed Forces to implement sexual assault prevention and
response programs.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study conducted under
subsection (a).
Subtitle E--Accession Standards and Recruitment
SEC. 541. INCREASED ACCESS TO POTENTIAL RECRUITS AT SECONDARY
SCHOOLS.
Section 503(c) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; and'' and inserting
a semicolon;
(ii) by redesignating clause (ii) as clause (iii);
(iii) by inserting after clause (i) the following new
clause:
``(ii) shall provide to military recruiters access to career
fairs or similar events upon a request made by military recruiters
for military recruiting purposes; and''; and
(iv) in clause (iii), as redesignated by subparagraph
(B), by inserting ``, not later than 60 days after
receiving such request,'' after ``provide''; and
(B) in subparagraph (B), by striking ``subparagraph
(A)(ii)'' and inserting ``subparagraph (A)(iii)'';
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) The Secretary of Defense shall submit an annual report to
Congress not later than February 1 each calendar year, detailing each
notification of denial of recruiting access issued under paragraph
(3).''.
SEC. 542. MODIFICATION OF LIMITATION ON ENLISTMENT AND INDUCTION OF
PERSONS WHOSE SCORE ON THE ARMED FORCES QUALIFICATION TEST IS
BELOW A PRESCRIBED LEVEL.
Section 520(a) of title 10, United States Code, is amended--
(1) by striking ``The number of persons'' and inserting ``(1)
The number of persons'';
(2) by striking ``may not exceed 20 percent'' and inserting
``may not exceed 4 percent''; and
(3) by adding at the end the following new paragraph:
``(2) Upon the request of the Secretary concerned, the Secretary of
Defense may authorize an armed force to increase the limitation
specified in paragraph (1) to not exceed 20 percent of the total number
of persons originally enlisted or inducted to serve on active duty
(other than active duty for training) in such armed forced during such
fiscal year. The Secretary of Defense shall notify the Committees on
Armed Services of the Senate and the House of Representatives not later
than 30 days after using such authority.''.
SEC. 543. INCREASED ACCESS TO POTENTIAL RECRUITS AT INSTITUTIONS OF
HIGHER EDUCATION.
Section 983(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (2)--
(A) by striking ``to the following information pertaining''
and inserting ``, with respect'';
(B) by striking ``institution):'' and inserting
``institution)--'';
(C) in subparagraph (A)--
(i) by striking ``Names'' and inserting ``names''; and
(ii) by striking ``telephone listings.'' and inserting
``telephone listings, which information shall be made
available not later than the 60th day following the date of
a request; and''; and
(D) in subparagraph (B), by striking ``Date'' and inserting
``date''.
SEC. 544. INCREASE IN ACCESSION BONUS FOR NURSE OFFICER CANDIDATES.
Section 2130a(a) of title 10, United States Code, is amended--
(1) by striking ``$20,000'' and inserting ``$40,000''; and
(2) by striking ``$10,000'' and inserting ``$20,000''.
SEC. 545. IMPROVEMENTS TO MEDICAL STANDARDS FOR ACCESSION TO
CERTAIN ARMED FORCES.
(a) Improvements.--Not later than one year after the date of the
enactment of this Act, and once four years thereafter, the Secretary of
Defense shall--
(1) conduct an assessment of the prescribed medical standards
and medical screening processes required for the appointment of an
individual as an officer, or enlistment of an individual as a
member, in each covered Armed Force;
(2) taking into account the findings of such assessment--
(A) update such standards and processes, as may be
necessary; and
(B) take such steps as may be necessary to improve the
waiver process for individuals who do not meet such prescribed
medical standards; and
(3) submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing, with respect to
the most recently conducted assessment under paragraph (1)--
(A) the findings of that assessment and a description of
the actions carried out pursuant to paragraph (2); and
(B) recommendations by the Secretary for any legislative
action the Secretary determines necessary to further improve
such standards and processes.
(b) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the Army, Navy, Air Force, Marine Corps,
or Space Force.
SEC. 546. FUTURE SERVICEMEMBER PREPARATORY COURSE.
(a) Requirement.--If the number of nonprior service enlisted
personnel covered under section 520 of title 10, United States Code,
exceeds 10 percent of the total number of persons originally enlisted
in an Armed Force during a fiscal year, the Secretary concerned shall
establish a future servicemember preparatory course within the Armed
Force concerned.
(b) Purpose.--The course established under subsection (a) shall be
designed to improve the physical and aptitude qualifications of
military recruits.
(c) Criteria.--Each course established under this section shall
comply with the following requirements:
(1) Enrollment.--All nonprior service enlisted persons whose
score on the Armed Forces Qualification Test is below the thirty-
first percentile must be enrolled in the course prior to attending
initial basic training.
(2) Graduation requirement.--Prior to attending initial basic
training, all enlisted persons attending the course established
under this section must achieve a score on the Armed Forces
Qualification Test that is at least 10 points higher than the
individual's most recent score taken prior to the individual's date
of enlistment.
(3) Effect of course failure.--Any enlisted person who fails to
achieve course graduation requirements within 180 days of
enlistment shall be separated under regulations prescribed by the
Secretary concerned.
(d) Report.--If a preparatory course under this section is
established by the Secretary concerned, the Secretary shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the structure and results of the course for
the preceding fiscal year by December 1st of the subsequent fiscal
year. The report shall include the following elements:
(1) The number of individuals who attended the preparatory
course.
(2) The number of individuals who graduated the preparatory
course.
(3) The average improvement in the Armed Forces Qualification
Test score for individuals who graduated from the prepatory course.
(4) Any other matter the Secretary determines relevant.
(e) Sunset.--The requirements of this section shall expire on
September 30th, 2028.
SEC. 547. PILOT PROGRAM ON CARDIAC SCREENINGS FOR MILITARY
ACCESSIONS.
(a) Establishment.--Not later than September 30, 2024, the
Secretary of Defense shall carry out a pilot program to provide an
electrocardiogram to individuals who undergo military accession
screenings. Each such electrocardiogram shall be provided--
(1) on a mandatory basis;
(2) at no cost to the recipient; and
(3) in a facility of the Department of Defense or by a member
or employee of the military health system.
(b) Purposes.--In carrying out the pilot program, the Secretary
shall--
(1) determine the costs (including protocols and personnel and
equipment for each location where the Secretary carries out the
pilot program) and benefits to the Department of providing an
electrocardiogram to every individual who undergoes a military
accession screening;
(2) develop and implement appropriate processes to assess the
long-term impacts of electrocardiogram results on military service;
and
(3) consult with experts in cardiology to develop appropriate
clinical practice guidelines for cardiac screenings, diagnosis, and
treatment.
(c) Briefing.--Not later than 180 days after the date on which the
pilot program terminates, the Secretary shall provide to the Committees
on Armed Services of the Senate and the House of Representatives a
briefing on the pilot program. Such briefing shall include the
following:
(1) The results of all electrocardiograms provided to
individuals under the pilot program--
(A) disaggregated by Armed Force, race, and gender; and
(B) without any personally identifiable information.
(2) The rate of significant cardiac issues detected pursuant to
electrocardiograms provided under the pilot program, disaggregated
by Armed Force, race, and gender.
(3) The number of individuals, if any, who were disqualified
from accession based solely on the result of an electrocardiogram
provided under the pilot program.
(4) The cost of carrying out the pilot program.
(d) Termination.--The pilot program shall terminate after three
years after its implementation.
SEC. 548. COMMUNITY COLLEGE ENLISTED TRAINING CORPS DEMONSTRATION
PROGRAM.
(a) Demonstration Program.--
(1) In general.--Not later than August 1, 2025, the Secretary
concerned shall establish within each military department an
Enlisted Training Corps demonstration program for the purpose of
introducing students to the military, and preparing selected
students for enlisted service in the Army, Navy, Air Force, Marine
Corps, or Space Force.
(2) Location.--Demonstration programs established under this
section shall be located at a community or junior college. No
program may be established at a military college or military junior
college as defined for purposes of section 2107a of title 10,
United States Code.
(b) Eligibility for Membership.--To be eligible for membership in a
program under this section, a person must be a student at an
institution where a unit of the Enlisted Training Corps is located.
(c) Instructors.--The Secretary concerned may assign as an
instructor for a unit established under this section an individual
eligible to serve as an instructor under section 2111 or section 2031
of title 10, United States Code. Instructors who are not currently
members on active duty shall be paid in a manner consistent with
section 2031 of title 10, United States Code.
(d) Financial Assistance.--The Secretary of the military department
concerned may provide financial assistance to persons enrolled in a
unit of the Enlisted Training Corps in exchange for an agreement in
writing that the person enlist in the active component of the military
department concerned upon graduation or disenrollment from the
community college. Financial assistance provided under this subsection
may include tuition, living expenses, stipend, or other payment.
(e) Curriculum.--The Secretary concerned shall ensure that any
programs created under this section include as part of the curriculum
the following:
(1) An introduction to the benefits of military service.
(2) Military history.
(3) Military customs and courtesies.
(4) Physical fitness requirements.
(5) Instruction on ethical behavior and decision making.
(f) Reporting Requirement.--Not later than one year after the date
of the enactment of this Act, and annually thereafter until the date
specified by subsection (g), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the status of the demonstration program
required by this section.
(g) Sunset.--The requirements of this provision shall sunset on
September 30, 2030.
SEC. 549. ANNUAL BRIEFINGS ON MILITARY RECRUITMENT PRACTICES IN
PUBLIC SECONDARY SCHOOLS AND COMMUNITY COLLEGES.
(a) Briefings Required.--Not later than December 31, 2024, and on
an annual basis thereafter through December 31, 2028, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on military recruitment
practices carried out in public secondary schools and community
colleges during the calendar year preceding the date of the briefing.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the year covered by the briefing, the following:
(1) Identification of the public secondary schools and
community colleges visited by military recruiters.
(2) Identification of the number of recruits obtained from such
schools and colleges.
(3) A demographic analysis of such recruits, including analysis
of the race, ethnicity, and gender of such recruits.
(c) Disaggregation.--The information required under each of a
paragraphs (1) through (3) of subsection (b) shall be set forth
separately--
(1) by ZIP code, in the case of information concerning
community colleges; and
(2) by local educational agency, in the case information
concerning public secondary schools.
(d) Definitions.--In this section, the terms ``local educational
agency'' and ``secondary school'' have the meanings given those terms
in section 8101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
Subtitle F--Junior Reserve Officers' Training Corps
SEC. 551. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS.
Section 2031 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``The President shall promulgate'' and
inserting ``The Secretary of Defense shall promulgate''; and
(B) by striking ``maintained, and shall provide'' and all
that follows through the period at the end and inserting
``maintained.''; and
(2) by adding at the end the following new subsection:
``(i)(1) The Secretary of Defense shall establish and support not
fewer than 3,400, and not more than 4,000, units of the Junior Reserve
Officers' Training Corps.
``(2) The requirement under paragraph (1) shall not apply--
``(A) if the Secretary fails to receive an adequate number of
requests for Junior Reserve Officer's Training Corps units by
public and private secondary educational institutions; and
``(B) during a time of national emergency when the Secretaries
of the military departments determine that funding must be
allocated elsewhere.''.
SEC. 552. REQUIREMENT FOR MEMORANDA OF UNDERSTANDING ADDRESSING
CERTAIN MATTERS PERTAINING TO UNITS OF THE JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
Section 2031(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E);
(2) by inserting ``(1)'' after ``(b)'';
(3) in subparagraph (A), as redesignated by paragraph (1)--
(A) by striking ``(A)'' and inserting ``(i)''; and
(B) by striking ``(B)'' and inserting ``(ii)'';
(4) in subparagraph (E), as so redesignated, by striking ``as
may be established by the Secretary of the military department
concerned'' and inserting ``as the Secretary of the military
department concerned prescribes in the memorandum of understanding
required under paragraph (2).''; and
(5) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall prescribe in regulations a
memorandum of understanding to be signed by the Secretary of the
military department concerned and each institution operating a unit
under this section. The memorandum shall be standardized to the
extent practicable and include the following elements:
``(A) A requirement that an institution notify the
Secretary of the military department concerned of allegations
of misconduct (including sexual misconduct and harassment)
against an instructor who is receiving retired or other pay,
not later than 48 hours after such institution learns of such
allegations.
``(B) A process by which the Secretary of the military
department concerned certifies an instructor, including the
conduct of appropriate background checks by such Secretary and
the institution concerned.
``(C) A process by which the Secretary of the military
department concerned shall conduct oversight of instructors
certified by such Secretary, including a requirement that such
certification shall expire after not more than five years.
``(D) Processes by which such institution's program will be
inspected by the military department concerned prior to
establishment of a new unit, or not less often than once every
four years in the case of units existing as of January 1, 2024,
staggered as the Secretary determines appropriate.
``(E) A requirement that each institution certifies it--
``(i) has created a process for students to report
violations of their rights under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), as applicable,
and title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), including the rights of students to not be
subject to discrimination or subject to retaliation for
reporting a violation of those laws, if such laws apply to
the public or private institution;
``(ii) has implemented policies ensuring students and
instructors are notified of those rights, as well as the
process for reporting violations of those rights, including
information on available mandatory reporters, if such laws
apply to the institution;
``(iii) has implemented annual training to inform
students of methods to prevent, respond to, and report
sexual assault and harassment;
``(iv) agrees to report all allegations of violations
described in this subparagraph to the military department
concerned and, if subject to the jurisdiction of the
Department of Education, the Office of Civil Rights of the
Department of Education not less often than annually;
``(v) has developed processes to ensure that each
student enrolled in a unit under this section has done so
voluntarily; and
``(vi) agrees to provide the data necessary to compile
the report required under subsection (i).''.
SEC. 553. JUNIOR RESERVE OFFICERS' TRAINING CORPS ADMINISTRATOR AND
INSTRUCTOR COMPENSATION.
(a) In General.--Section 2031 of title 10, United States Code, as
amended by sections 551 and 552, is further amended--
(1) by amending subsection (d) to read as follows:
``(d)(1) Instead of, or in addition to, detailing officers and
noncommissioned officers on active duty under subsection (c)(1), the
Secretary of the military department concerned may authorize qualified
institutions to employ, as administrators and instructors in the
program--
``(A) retired officers and noncommissioned officers whose
qualifications are approved by the Secretary and the institution
concerned and who request such employment;
``(B) officers and noncommissioned officers who are separated
with an honorable discharge within the past 5 years with at least 8
years of service and are approved by the Secretary and the
institution concerned and who request such employment; or
``(C) officers and noncommissioned officers who are active
participating members of the selected reserve at the time of
application, for purposes of section 101(d) of this title, and have
not yet reached retirement eligibility and are approved by the
Secretary and the institution concerned and who request such
employment.
``(2) Employment under this subsection shall be subject to the
following conditions:
``(A) The Secretary concerned shall pay to the institution an
amount equal to one-half of the Department's prescribed JROTC
Standardized Instructor Pay Scale amount paid to the member by the
institution for any period.
``(B) The Secretary concerned may pay to the institution more
than one-half of the amount paid to the member by the institution
if (as determined by the Secretary)--
``(i) the institution is in an educationally and
economically deprived area; and
``(ii) the Secretary determines that such action is in the
national interest.
``(C) Payments by the Secretary concerned under this subsection
shall be made from funds appropriated for that purpose.
``(D) The Secretary concerned may require successful applicants
to transfer to the Individual Ready Reserve.'';
(2) by striking subsections (e) and (f); and
(3) by redesignating subsections (g) and (h) as subsections (e)
and (f), respectively.
(b) Treatment of Current Administrators and Instructors.--An
administrator or instructor employed under section 2031 of title 10,
United States Code, on the date of enactment of this section shall not
be subject to a reduction in total compensation as a result of such
enactment.
SEC. 554. PROHIBITION OF ESTABLISHMENT OR MAINTENANCE OF A UNIT OF
THE JUNIOR RESERVE OFFICERS' TRAINING CORPS AT AN EDUCATIONAL
INSTITUTION OWNED, OPERATED, OR CONTROLLED BY THE CHINESE
COMMUNIST PARTY.
Section 2031 of title 10, United States Code, as amended by
sections 551, 552, and 553, is further amended by adding at the end the
following new subsection:
``(g) No unit may be established or maintained at an educational
institution that is owned, operated, or controlled by a person that--
``(1) is the People's Republic of China;
``(2) is a member of the Chinese Communist Party;
``(3) is a member of the People's Liberation Army;
``(4) is identified by the Secretary of Defense under section
1260H(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a
Chinese military company;
``(5) is included in the Non-SDN Chinese Military-Industrial
Complex Companies List published by the Department of the Treasury;
or
``(6) is owned by or controlled by or is an agency or
instrumentality of any person described in paragraphs (1) through
(5).''.
SEC. 555. ENFORCEMENT OF PROGRAM REQUIREMENTS FOR THE JUNIOR
RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Section 2031 of title 10, United States Code, as
amended by sections 551 through 554, is further amended by adding at
the end the following new subsection:
``(h)(1) The Secretary of Defense may suspend or place on probation
a unit of the Junior Reserve Officers' Training Corps that fails to
comply with the provisions of the memorandum of understanding required
pursuant to subsection (b) or any other requirement of this section.
``(2) A unit may be placed on probation under paragraph (1) for a
period of up to three years.
``(3) A unit may be suspended under paragraph (1) if, after the
three-year probationary period, such unit remains out of compliance
with the requirements of this section and the Secretary of the military
department concerned determines that such suspension is necessary to
mitigate program deficiencies or to protect the safety of program
participants.''.
(b) Annual Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for four years, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report including
information on--
(1) any units of the Junior Reserve Officers' Training Corps
suspended or placed on probation pursuant to section 2031(i) of
title 10, United States Code (as added by subsection (a)), in the
year covered by the report; and
(2) with respect any unit that is reinstated after previously
being suspended or placed on probation pursuant to such section,
justification for the reinstatement of such unit.
SEC. 556. ANNUAL REPORT ON ALLEGATIONS OF SEXUAL MISCONDUCT IN
JUNIOR RESERVE OFFICERS' TRAINING CORPS PROGRAMS.
Section 2031 of title 10, United States Code, as amended by
sections 551 through 555, is further amended, by adding at the end the
following new subsection:
``(i)(1) Not later than March 31, 2024, and annually thereafter
through March 31, 2029, the Secretary of Defense shall submit to
Committees on Armed Services of the Senate and the House of
Representatives a report on allegations of sexual misconduct, sexual
harassment, and sex discrimination in Junior Reserve Officers' Training
Corps programs during the preceding year.
``(2) Each report required under paragraph (1) shall set forth the
following:
``(A) The number of reported allegations of violations under
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) in school-affiliated Junior Reserve Officers' Training Corps
programs, including--
``(i) the number of such reported allegations that were
investigated;
``(ii) the outcome of those investigations; and
``(iii) the number of such reported allegations by State,
the District of Columbia, or overseas location where these
reports occurred.
``(B) The number of reports that the Department of Defense or
armed forces have received during the reporting period involving
allegations of acts of violence, including sexual abuse or
harassment, by instructors against students in Junior Reserve
Officers' Training Corps programs, including--
``(i) the offense involved;
``(ii) the armed force involved;
``(iii) the number of instructors and number of allegations
each instructor received;
``(iv) the number of reports of sexual misconduct and
harassment that have been investigated;
``(v) the number of reports or investigations that have led
to the removal of an instructor from a Junior Reserve Officers'
Training Corps program; and
``(vi) the number of such reported allegations by State,
the District of Columbia, or overseas location where these
reports occurred.
``(C) Any steps the Department of Defense has taken to mitigate
sexual misconduct and harassment in Junior Reserve Officers'
Training Corps programs during the preceding year.
``(3) Each report required under paragraph (1) shall be submitted
in unclassified form and may not be designated as controlled
unclassified information.
``(4) The Secretary shall annually report to the Committees on
Armed Services of the Senate and the House of Representatives regarding
compliance with this subsection by the Junior Reserve Officers'
Training Corps programs, including an up-to-date report on the
Secretary's monitoring of such compliance.''.
Subtitle G--Member Education
SEC. 561. SERVICE ACADEMIES: NUMBERS OF NOMINATIONS BY MEMBERS OF
CONGRESS AND APPOINTMENTS BY THE SECRETARIES OF THE MILITARY
DEPARTMENTS.
(a) United States Military Academy.--Section 7442 of title 10,
United States Code, is amended--
(1) in subsection (a), in the matter following paragraph (10),
by striking ``10 persons'' and inserting ``15 persons''; and
(2) in subsection (b)(5), by striking ``150'' and inserting
``200''.
(b) United States Naval Academy.--Section 8454 of title 10, United
States Code, is amended--
(1) in subsection (a), in the matter following paragraph (10),
by striking ``10 persons'' and inserting ``15 persons''; and
(2) in subsection (b)(5), by striking ``150'' and inserting
``200''.
(c) United States Air Force Academy.--Section 9442 of title 10,
United States Code, is amended--
(1) in subsection (a), in the matter following paragraph (10),
by striking ``10 persons'' and inserting ``15 persons''; and
(2) in subsection (b)(5), by striking ``150'' and inserting
``200''.
(d) Applicability.--The amendments made by this section shall apply
to nominations of candidates and appointments to the Service Academies
(as such term is defined in section 347 of title 10, United States
Code) for classes entering such Service Academies beginning with the
2025-2026 academic year.
SEC. 562. INCREASE IN THE NUMBER OF NOMINEES FROM GUAM TO THE
SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7442 of title 10,
United States Code, as amended by section 561, is further amended, in
subsection (a)(8), by striking ``Four'' and inserting ``Five''.
(b) United States Naval Academy.--Section 8454 of title 10, United
States Code, as amended by section 561, is further amended, in
subsection (a)(8), by striking ``Four'' and inserting ``Five''.
(c) United States Air Force Academy.--Section 9442 of title 10,
United States Code, as amended by section 561, is further amended, in
subsection (a)(8), by striking ``Four'' and inserting ``Five''.
SEC. 563. CONSIDERATION OF STANDARDIZED TEST SCORES IN MILITARY
SERVICE ACADEMY APPLICATION PROCESS.
The Secretary of Defense shall ensure that the United States
Military Academy, the United States Naval Academy, and the United
States Air Force Academy require the submission and consideration of
standardized test scores as part of the application process.
SEC. 564. SERVICE ACADEMY PROFESSIONAL SPORTS PATHWAY REPORT AND
LEGISLATIVE PROPOSAL REQUIRED.
(a) Legislative Proposal.--Not later than March 1, 2024, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report including the
following elements:
(1) A legislative proposal that would--
(A) update and clarify the legislative framework related to
the ability of Service Academy graduates to pursue employment
as a professional athlete prior to serving at least 5 years on
active duty; and
(B) retain the existing requirement that all Service
Academy graduates must serve for 2 years on active duty before
affiliating with the reserves to pursue employment as a
professional athlete.
(2) A description of amendments to current law that would be
necessary to implement the legislative proposal described under
paragraph (1).
(b) Report Required.--Not later than March 1, 2024, and annually
thereafter, the Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a report
that includes the following information:
(1) The name, covered Armed Force, and sport of each Service
Academy graduate released or deferred from active service in order
to participate in professional sports.
(2) A description of the sports career progress of each
participant, such as drafted, signed, released, or returned to
service in a covered Armed Force.
(3) A summary by participant of marketing strategy and
recruiting related activities conducted.
(4) A description by participant of the assessments conducted
by the military services to determine the recruiting value
associated with approved releases from active duty.
(5) The current status of each participant, including, as
appropriate, affiliated franchise.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the Army, Navy, Air
Force, Marine Corps, or Space Force.
(2) The term ``Service Academy'' has the meaning given such
term in section 347 of title 10, United States Code.
SEC. 565. BRIEFING ON INCLUSION OF ADVANCED RESEARCH PROGRAMS AT
CERTAIN INSTITUTIONS OF PROFESSIONAL MILITARY EDUCATION.
Not later than April 1, 2024, the President of the National Defense
University, the Commandant of the United States Army Command and
General Staff College, the Commandant of the Army War College, the
President of the Naval War College, and the Commander of the Air
University shall each provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on--
(1) the current requirements and outcomes for wargaming and
force structure recommendations resulting from activities conducted
under existing advanced research programs; and
(2) the feasibility and advisability of establishing a
permanent advanced research program at the institution of
professional military education concerned.
Subtitle H--Member Training and Transition
SEC. 571. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE TRANSITION
ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is amended--
(1) in subparagraph (E), by striking ``Disability'' and
inserting ``Potential or confirmed disability''; and
(2) in subparagraph (F), by striking ``Character'' and
inserting ``Potential or confirmed character''.
SEC. 572. SKILLBRIDGE: STAFFING; BUDGETING; OUTREACH; REPORT.
(a) In General.--Section 1143(e) of title 10, United States Code is
amended--
(1) in paragraph (1)--
(A) by inserting ``(a)'' before ``The Secretary
concerned''; and
(B) by adding at the end the following new subparagraph:
``(B) The Secretary of a military department shall carry out one or
more programs under this subsection.'';
(2) by redesignating paragraphs (3) and (4) as paragraphs (5)
and (6), respectively; and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) To carry out this subsection, the Secretary concerned shall--
``(A) assign not fewer than two full-time equivalent positions;
and
``(B) develop for each fiscal year a funding plan that includes
funding lines across the future-years defense program under section
221 of this title.
``(4) For any program under this subsection, the Secretary
concerned shall, on an annual basis--
``(A) circulate, to members serving on active duty under the
jurisdiction of such Secretary concerned, information about the
program (including eligibility requirements and the application
process); and
``(B) conduct outreach to inform potential employers about
Skillbridge, participating members, and how the program operates,
and to increase the number of, and types of, employers that hire
program participants.''.
(b) GAO Report.--Not later than July 1, 2024, the Comptroller
General of the United States shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report regarding
Skillbridge. Such report shall include the following:
(1) The extent to which members of the Armed Forces have
participated in the Skillbridge program, including the
characteristics of such personnel and completed internships.
(2) The process by which the Secretary of Defense determines
that a member of the Armed Forces is eligible to participate in
Skillbridge.
(3) The extent to which the process described in paragraph (2)
and guidance prescribed by the Secretary regarding Skillbridge
incorporate relevant Federal ethics rules regarding internships.
(4) The number of members, disaggregated by rank, who
participated in Skillbridge in each of fiscal years 2019 through
2023.
(5) The number of members described in paragraph (4) who
received full-time offers of employment from the participating
employer upon completion of an internship under Skillbridge.
(6) Any other information the Comptroller General determines
appropriate.
SEC. 573. EXTENSION OF TROOPS-TO-TEACHERS PROGRAM TO THE JOB CORPS.
Section 1154 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking ``; or'' and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; or''; and
(iii) by adding at the end the following new
subparagraph:
``(C) a Job Corps center as defined in section 147 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3197).'';
and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``; or'' and
inserting a semicolon;
(ii) in subparagraph (C), by striking the period at the
end and inserting ``; or''; and
(iii) by adding at the end the following new
subparagraph:
``(D) a Job Corps center as defined in section 147 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3197).'';
(2) in subsection (d)(4)(A)(ii), by inserting ``or Job Corps
centers'' after ``secondary schools''; and
(3) in subsection (e)(2)(E), by inserting ``or Job Corps
center'' after ``secondary school''.
SEC. 574. TROOPS-TO-TEACHERS PROGRAM: EXPANSION; EXTENSION.
Section 1154 of title 10, United States Code, as amended by section
573, is further amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)(ii), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) as administrators and instructors of the Junior
Reserve Officers' Training Corps under section 2031(d) of this
title.''; and
(2) in subsection (k), by striking ``2025'' and inserting
``2027''.
SEC. 575. LANGUAGE TRAINING CENTERS FOR MEMBERS OF THE ARMED FORCES
AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Section 529 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 10 U.S.C. 2001 note prec.) is amended--
(1) in subsection (a), by striking ``may carry out a program''
and inserting ``shall carry out a program'';
(2) by redesignating subsection (e) as subsection (f);
(3) by inserting after subsection (d) the following new
subsection:
``(e) Contract Authority.--The Secretary of Defense may enter into
one or more contracts, cooperative agreements, or grants with private
national organizations having an expertise in foreign languages, area
studies, and other international fields, for the awarding of grants to
accredited universities, senior military colleges, or other similar
institutions of higher education to establish and maintain language
training centers authorized by subsection (a).''; and
(4) in subsection (f), as redesignated by paragraph (2)--
(A) by striking ``one year after the date of the
establishment of the program authorized by subsection (a)'' and
inserting ``180 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2024'';
(B) by striking ``report on the program'' and inserting
``report on the Language Training Center program'';
(C) by redesignating paragraph (4) as paragraph (5);
(D) by inserting after paragraph (3) the following new
paragraph:
``(4) An assessment of the resources required to carry out the
Language Training Center program by year through fiscal year
2027.''; and
(E) in paragraph (5), as redesignated by subparagraph (C),
by striking ``A recommendation whether the program should be
continued and, if so, recommendations as to any modifications
of the program'' and inserting ``Recommendations as to any
modifications to the Language Training Center program''.
SEC. 576. PROHIBITION ON USE OF FEDERAL FUNDS TO ENDORSE CRITICAL
RACE THEORY.
(a) Prohibition.--No funds authorized to be appropriated by this
Act may be used to endorse critical race theory--
(1) at an academic institution operated by the Department of
Defense;
(2) in training provided to a member of the Armed Forces; or
(3) in professional military education.
(b) Protection of Academic Freedom.--Nothing in this section shall
be construed to supersede the institutional autonomy or academic
freedom of instructors involved in the selection of textbooks,
supplemental materials, or other classroom materials, or in the
preparation or presentation of classroom instruction or lectures.
(c) Definitions.--In this section, the term ``critical race
theory'' means the theory that individuals, by virtue of race,
ethnicity, color, or national origin, bear collective guilt and are
inherently responsible for actions committed in the past by other
individuals of such race, ethnicity, color, or national origin.
SEC. 577. INCREASED FITNESS STANDARDS FOR ARMY CLOSE COMBAT FORCE
MILITARY OCCUPATIONAL SPECIALTIES.
(a) Implementation.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of the Army shall implement
increased minimum fitness standards as part of the Army Combat Fitness
Test for all soldiers of the following military occupational
specialties or areas of concentration:
(1) 11A.
(2) 11B.
(3) 11C.
(4) 11Z.
(5) 12A.
(6) 12B.
(7) 13A.
(8) 13F.
(9) 18A.
(10) 18B.
(11) 18C.
(12) 18D.
(13) 18E.
(14) 18F.
(15) 18Z.
(16) 19A.
(17) 19C.
(18) 19D.
(19) 19K.
(20) 19Z.
(b) Briefing.--Not later than 365 days after the date of the
enactment of this Act, the Secretary of the Army provide a briefing to
the Committees on Armed Services of the Senate and House of
Representatives describing the methodology used to establish standards
under subsection (a).
SEC. 578. PUBLICATION OF TRAINING MATERIALS OF THE DEFENSE EQUAL
OPPORTUNITY MANAGEMENT INSTITUTE.
Not later than September 30, 2024, the Secretary of Defense shall
publish all materials created by the Defense Equal Opportunity
Management Institute for the purpose of training members of the Armed
Forces on the website of such Institute.
SEC. 579. PROHIBITION ON FEDERAL FUNDS FOR THE DEPARTMENT OF
DEFENSE COUNTERING EXTREMISM WORK GROUP.
No funds authorized to be appropriated by this Act may be used to
fund the Department of Defense Countering Extremism Working Group
established by the Secretary of Defense memorandum on April 9, 2021.
Subtitle I--Family Programs, Child Care, and Dependent Education
SEC. 581. NON-MEDICAL COUNSELING SERVICES FOR MILITARY FAMILIES.
Section 1781 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Non-medical Counseling Services.--(1) In carrying out its
duties under subsection (b), the Office may coordinate programs and
activities to provide non-medical counseling services to military
families through the Department of Defense Military and Family Life
Counseling Program.
``(2) A mental health care professional described in paragraph (3)
may provide non-medical counseling services at any location in a State,
the District of Columbia, or a territory or possession of the United
States, without regard to where the professional or recipient of such
services is located or delivery of such services is provided (including
face-to-face and telehealth), if the provision of such services is
within the scope of the authorized Federal duties of the professional.
``(3) A non-medical mental health professional described in this
subsection is a person who is--
``(A) a currently licensed mental health care provider who
holds a license that is--
``(i) issued by a State, the District of Columbia, or a
territory or possession of the United States; and
``(ii) recognized by the Secretary of Defense as an
appropriate license for the provision of non-medical counseling
services;
``(B) a member of the armed forces, a civilian employee of the
Department of Defense, or a contractor designated by the Secretary;
and
``(C) performing authorized duties for the Department of
Defense under a program or activity referred to in paragraph (1).
``(4) The authority under this subsection shall terminate three
years after the date of the enactment of this subsection.
``(5) In this subsection, the term `non-medical counseling
services' means mental health care services that are non-clinical,
short-term and solution focused, and address topics related to personal
growth, development, and positive functioning.''.
SEC. 582. INCREASE IN THE TARGET FUNDING LEVEL FOR MILITARY CHILD
CARE.
Section 1791 of title 10, United States Code, is amended, in
subsection (a), by inserting ``115 percent of'' after ``not less
than''.
SEC. 583. MODIFICATIONS TO ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES WITH
ENROLLMENT CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE CHANGES,
OR FORCE RELOCATIONS.
(a) In General.--Section 575 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 20
U.S.C. 7703d) is amended--
(1) in subsection (a)--
(A) by striking ``year, the local educational agency'' and
all that follows through ``(as determined'' and inserting
``year, the local educational agency had (as determined'';
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and by moving such
paragraphs, as so redesignated, two ems to the left; and
(D) in paragraph (2), as redesignated by subparagraph (C),
by striking ``; or'' and inserting a period;
(2) by striking subsection (h); and
(3) by redesignating subsections (i) and (j) as subsections (h)
and (i), respectively.
(b) Briefing Required.--Not later than March 1, 2024, the Director
of the Department of Defense Education Activity shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on--
(1) any additional authorities that would be helpful to the
Activity in its efforts to better support local educational
agencies; and
(2) the amounts and types of any financial assistance provided
to local educational agencies under section 575 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 20 U.S.C. 7703d) as of the date of the
briefing.
SEC. 584. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational Agencies
That Benefit Dependents of Members of the Armed Forces and Department
of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of military
dependent students.--Of the amount authorized to be appropriated
for fiscal year 2024 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).
(2) 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)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be appropriated
for fiscal year 2024 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).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2024 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.
(3) Briefing.--Not later than March 31, 2024, the Secretary
shall provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the Secretary's
evaluation of each local educational agency with higher
concentrations of military children with severe disabilities and
the subsequent determination of the Secretary with respect to the
amounts of impact aid each such agency shall receive.
SEC. 585. OUTREACH CAMPAIGN RELATING TO WAITING LISTS FOR MILITARY
CHILD DEVELOPMENT CENTERS; ANNUAL BRIEFING.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall develop a campaign to
conduct outreach, not less than once every six months, to inform
individuals eligible for child care services under chapter 88 of title
10, United States Code, including child care employees--
(1) how to--
(A) join a waiting list for child care services at a
military child development center; and
(B) check the position of such an individual on such
waiting list; and
(2) of--
(A) what factors affect positions on such waiting list;
(B) the process to prioritize such individuals to receive
child care services at a military child development center;
(C) the fee schedule for child care services at a military
child development center; and
(D) options for child care services available to such
individuals other than military child development centers,
including pilot programs at the duty station of such member, if
applicable.
(b) Annual Briefing.--Not later than 90 days after the date of the
enactment of this Act, and on an annual basis thereafter for five
years, the Secretary of Defense, in coordination with the Secretaries
of the military departments, shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a briefing that
includes, for each military department--
(1) a list of the five military installations with the longest
waiting lists for child care services at military child development
centers; and
(2) the number of classrooms for child care services,
disaggregated by military installation, closed during the period
covered by the briefing due to--
(A) insufficient staffing; or
(B) issues relating to maintenance.
(c) Definitions.--In this section, the terms ``child care
employee'' and ``military child development center'' have the meanings
given such terms in section 1800 of title 10, United States Code.
SEC. 586. BRIEFINGS ON PILOT PROGRAM ON HIRING OF SPECIAL NEEDS
INCLUSION COORDINATORS FOR DEPARTMENT OF DEFENSE CHILD
DEVELOPMENT CENTERS.
Section 576(d) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C.
1792 note) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting, after paragraph (1) the following new
paragraph (2):
``(2) Briefings on implementation.--Beginning on January 31,
2024, until the termination of the pilot program, the Secretary of
Defense shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a biannual briefing on the
implementation of the pilot program. Each such briefing shall
include the following:
``(A) The process for selecting child development centers
under subsection (b).
``(B) How a special needs inclusion coordinator hired under
the pilot program coordinates with the head of the child
development center concerned and the commander of the military
installation concerned.
``(C) How many special needs inclusion coordinators have
been hired under the pilot program.''.
SEC. 587. BRIEFINGS ON IMPLEMENTATION OF UNIVERSAL PRE-KINDERGARTEN
PROGRAMS IN SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE
EDUCATION ACTIVITY.
(a) Quarterly Briefings Required.--Not later than January 30, 2024,
and on a quarterly basis thereafter until December 31, 2027, the
Secretary of Defense shall submit to the committees on Armed Services
of the Senate and the House of Representatives a briefing on the
progress of the Secretary in implementing universal pre-kindergarten
programs in schools operated by the Department of Defense Education
Activity.
(b) Contents of Initial Briefing.--The initial briefing under
subsection (a) shall include--
(1) identification of all locations under the jurisdiction of
the Department of Defense at which universal pre-kindergarten
programs and child development centers are co-located; and
(2) an estimate of the number of children expected to transfer
from child development centers to pre-kindergarten programs as a
result of such programs being offered.
(c) Contents of Subsequent Briefings.--Following the initial
briefing under subsection (a), each subsequent briefing shall include--
(1) the total anticipated costs of funding universal pre-
kindergarten programs in schools operated by the Department of
Defense Education Activity;
(2) the estimated differential between the cost of caring for a
child in a child development center versus the cost of a child's
participation in a pre-kindergarten program;
(3) the estimated differential between the costs of employing
caregivers in child development centers versus the costs of
employing teachers in pre-kindergarten programs;
(4) the child-to-caregiver ratio requirements for child
development centers versus the child-to-teacher ratio requirements
for pre-kindergarten programs;
(5) a needs assessment of facilities for universal pre-
kindergarten programs based on anticipated capacity;
(6) an assessment of the availability of teachers for pre-
kindergarten programs; and
(7) an indication of whether, and to what extent, members of
the Armed Forces have expressed a preference for enrolling their
children in pre-kindergarten programs rather than continuing care
for such children in child development centers.
SEC. 588. REPORT ON MENTAL HEALTH AND WELLNESS SUPPORT FOR STUDENTS
ENROLLED IN SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE
EDUCATION ACTIVITY.
(a) In General.--Not later than December 1, 2024, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on programs and policies to
support mental health and wellness among students in schools operated
by the Department of Defense Education Activity (referred to in this
section as ``DODEA Schools'').
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description of the mental health and wellness resources
available to students enrolled in DODEA schools.
(2) An overview of policies and procedures in place in DODEA
schools to ensure that students are regularly screened for mental
health and wellness.
(3) An overview of policies and procedures in place in DODEA
schools for administrators and teachers to communicate and
coordinate with parents and guardians of students in such schools
in cases in which students have a demonstrated need for mental
health and wellness support.
(4) Any recommendations for new policies, programs, or
resources to improve mental health and wellness support for
students enrolled in DODEA schools.
(5) An assessment of the feasibility and advisability of
conducting a pilot program to detail licensed medical health care
providers under the control of the Defense Health Agency to DODEA
schools in order to improve mental health and wellness care for
students enrolled in such schools.
(6) Any other matters the Secretary of Defense determines to be
relevant and appropriate for inclusion in the report.
(c) Mental Health and Wellness Considerations.--In considering
student mental health and wellness for purposes of this section, the
Secretary of Defense shall, at a minimum, take into account the
following conditions:
(1) Depression.
(2) Suicidal ideation.
(3) Anxiety.
(4) Attention-deficit/hyperactivity disorder (ADHD).
(5) Eating disorders.
(6) Substance abuse.
(7) Dual diagnosis conditions.
SEC. 589. RIGHTS OF PARENTS OF CHILDREN ATTENDING SCHOOLS OPERATED
BY THE DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Establishment.--Chapter 108 of title 10, United States Code, is
amended by inserting after section 2164 the following new section:
``Sec. 2164a. Rights of parents of children attending schools operated
by the Department of Defense Education Activity
``(a) In General.--The parent of a child who attends a school
operated by the Department of Defense Education Activity has the
following rights:
``(1) The right to review the curriculum of the school.
``(2) The right to be informed if the school or the Department
of Defense Education Activity alters the school's academic
standards or learning benchmarks.
``(3) The right to meet with each teacher of their child not
less than twice during each school year.
``(4) The right to review all instructional materials used by
their students.
``(5) The right to inspect a list of the books and other
reading materials contained in the library of the school.
``(6) The right to address the school advisory committee or the
school board.
``(7) The right to data about the school's discipline policy
and any disciplinary action that results in a suspension or
expulsion from the school, unless such disclosure is prohibited by
law.
``(8) The right to information about any plans to eliminate
gifted and talented programs or accelerated coursework at the
school.
``(b) Disclosures and Notifications.--Consistent with the parental
rights specified in subsection (a) and except as provided by subsection
(c), a school operated by the Department of Defense Education Activity
shall--
``(1) post on a publicly accessible website of the school--
``(A) the curriculum for each course and grade level;
``(B) the academic standards or other learning benchmarks
used by the school; and
``(C) notice of any proposed revisions to such standards or
benchmarks and a copy of any such revisions;
``(2) provide the parent of a child attending the school with--
``(A) the opportunity to meet in person with each teacher
of their child not less frequently than twice during each
school year at a time mutually agreed upon by both parties; and
``(B) notice of such opportunity at the beginning of each
school year;
``(3) provide parents access to the online school library
catalog;
``(4) notify parents in a timely manner of any plans to
eliminate gifted and talented programs or accelerated coursework at
the school;
``(5) except as provided by paragraph (6) or subsection (c),
notify parents of any medical examinations or screenings the school
may administer to their child and receive written consent from
parents for any such examination or screening prior to conducting
the examination or screening;
``(6) in the event of an emergency that requires a medical
examination or screening without time for parental notification,
promptly notify parents of such examination or screening and
provide an explanation of the emergency that prevented notification
prior to such examination or screening; and
``(7) notify parents of any medical information that will be
collected on their child, receive written parental consent prior to
collecting such information, and provide parents an opportunity to
inspect such information at the parent's request.
``(c) Exceptions.--(1) Paragraph (5) of subsection (a) and
paragraph (3) of subsection (b) shall not be effective until the day
that is two years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2024.
``(2) A requirement set forth in subsection (b) shall not apply in
a case in which the requirement would violate any applicable provision
of a Federal or State statute or regulation.
``(d) School Advisory Committees and Boards.--Not less frequently
than four times per year, a school advisory committee or school board
for a school operated by the Department of Defense Education Activity
shall provide parents of children attending the school with the
opportunity to address the advisory committee or school board on any
matters relating to the school or the educational services provided to
their children.
``(e) Definitions.--In this section:
``(1) The term `medical examination or screening'--
``(A) means a physical examination provided by a health
care provider; and
``(B) does not include an evaluation by, or an encounter
with, non-clinical school staff.
``(2) The term `school' means--
``(A) a Department of Defense domestic dependent elementary
or secondary school, as described in section 2164 of this
title; or
``(B) any elementary or secondary school or program for
dependents operated by the Department of Defense Education
Activity.''.
(b) Report.--Not later than 30 days after the date of the enactment
of this Act and consistent with section 2164a of title 10, United
States Code, as added by subsection (a), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the parental rights specified in such
section. The report shall include, with respect to the schools operated
by the Department of Defense Education Activity, an explanation of--
(1) how and where a parent may access information about their
rights;
(2) the accessibility of that information;
(3) how such schools inform parents of their rights and the
means to access such rights; and
(4) the uniformity of parental rights across such schools.
Subtitle J--Decorations and Awards and Other Personnel Matters,
Reports, and Briefings
SEC. 591. ARMED FORCES WORKPLACE SURVEYS.
Subsection (c) of section 481 of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Indicators of the assault (including unwanted sexual
contact) that give reason to believe that the victim was targeted,
or discriminated against, or both, for a status in a group.''.
SEC. 592. DUE DATE FOR REPORT ON EFFORTS TO PREVENT AND RESPOND TO
DEATHS BY SUICIDE IN THE NAVY.
Section 599A(c) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) is amended
by striking ``180 days after the date of the enactment of this Act''
and inserting ``September 30, 2024''.
SEC. 593. EXTENSION OF DEADLINE FOR REVIEW OF WORLD WAR I VALOR
MEDALS.
Section 584(f) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 7271 note) is amended by
striking ``six years after the date of the enactment of this Act'' and
inserting ``December 31, 2028''.
SEC. 594. DIGITAL AMBASSADOR PROGRAM OF THE NAVY: CESSATION;
REPORT; RESTART.
(a) Cessation.--The Secretary of the Navy shall cease all
activities of the digital ambassador program of the Office of
Information of the Department of the Navy. The Secretary shall notify
each individual designated as a digital ambassador of such cessation
and that the individual is not authorized to act as a digital
ambassador of the Navy.
(b) Restart.--The Secretary may not restart such program until 60
days after the date on which the Secretary submits to the Committees on
Armed Services of the Senate and House of Representatives a report
containing the following:
(1) All policies and documents of the program.
(2) The number of digital ambassadors designated.
(3) The process and criteria for such designation.
(4) The duties of a digital ambassador.
(5) The online platforms (including social media) on which an
individual is authorized under such program to perform duties of a
digital ambassador.
(6) The determination of the Secretary that such program
complies with applicable laws, regulations, and guidance.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Basic Pay, Retired Pay, and Leave
Sec. 601. Parental leave parity for members of certain reserve
components of the Armed Forces.
Sec. 602. Pay of members of reserve components for inactive-duty
training to obtain or maintain an aeronautical rating or
designation.
Sec. 603. Expansion of authority to pay a member of the Armed Forces who
is absent without leave or over leave for such absence.
Subtitle B--Bonus and Incentive Pays
Sec. 611. Expansion of continuation pay eligibility.
Sec. 612. Modification of special and incentive pay authorities for
members of reserve components.
Sec. 613. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 614. Authorization of monthly bonus pay for a junior member of the
uniformed services during calendar year 2024.
Sec. 615. Determination of cold weather location for purposes of special
duty pay.
Sec. 616. Feasibility study regarding assignment incentive pay for
members of the Air Force assigned to remotely piloted
aircraft.
Subtitle C--Allowances
Sec. 621. Modification of calculation of gross household income for
basic needs allowance to address areas of demonstrated need.
Sec. 622. Improved calculation of basic allowance for housing for junior
enlisted members.
Sec. 623. Basic allowance for housing for members assigned to vessels
undergoing maintenance.
Sec. 624. Dual basic allowance for housing for training.
Sec. 625. Cost-of-living allowance in the continental United States:
high cost areas.
Sec. 626. Family separation allowance: increase; review.
Sec. 627. OCONUS cost-of-living allowance: adjustments.
Sec. 628. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Subtitle D--Family and Survivor Benefits
Sec. 631. Modifications to transitional compensation for dependents of
members separated for dependent abuse.
Sec. 632. Lodging expenses for dependents of members separated for
dependent abuse.
Sec. 633. Access to commissary and exchange privileges for remarried
surviving spouses.
Sec. 634. Assistance for military spouses to obtain certifications as
doulas and International Board Certified Lactation
Consultants.
Sec. 635. Expansion of qualifying events for which a member of the
uniformed services may be reimbursed for spousal relicensing
or business costs due to the member's relocation.
Subtitle A--Basic Pay, Retired Pay, and Leave
SEC. 601. PARENTAL LEAVE PARITY FOR MEMBERS OF CERTAIN RESERVE
COMPONENTS OF THE ARMED FORCES.
(a) Parental Leave.--
(1) In general.--Chapter 40 of title 10, United States Code, is
amended by inserting after section 710 the following new section:
``Sec. 711. Parental leave for members of certain reserve components of
the armed forces
``(a)(1) Under regulations prescribed by the Secretary of Defense,
a member of a reserve component of the armed forces described in
subsection (b) is allowed parental leave for a duration of up to 12
inactive-duty training periods, under section 206 of title 37, during
the one-year period beginning after the following events:
``(A) the birth or adoption of a child of the member and to
care for such child; or
``(B) the placement of a minor child with the member for
adoption or long-term foster care.
``(2)(A) The Secretary concerned, under uniform regulations to be
prescribed by the Secretary of Defense, may authorize leave described
under subparagraph (A) to be taken after the one-year period described
in subparagraph (A) in the case of a member described in subsection (b)
who, except for this subparagraph, would lose unused parental leave at
the end of the one-year period described in subparagraph (A) as a
result of--
``(i) operational requirements;
``(ii) professional military education obligations; or
``(iii) other circumstances that the Secretary determines
reasonable and appropriate.
``(B) The regulations prescribed under clause (i) shall require
that any leave authorized to be taken after the one-year period
described in subparagraph (A) shall be taken within a reasonable period
of time, as determined by the Secretary of Defense, after cessation of
the circumstances warranting the extended deadline.;
``(b) A member described in this subsection is a member of the
Army, Navy, Marine Corps, Air Force, or Space Force who is a member
of--
``(1) the selected reserve who is entitled to compensation
under section 206 of title 37; or
``(2) the individual ready reserve who is entitled to
compensation under section 206 of title 37 when attending or
participating in a sufficient number of periods of inactive-duty
training during a year to count the year as a qualifying year of
creditable service toward eligibility for retired pay.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 40 of such title is amended by inserting after the item
relating to section 710 the following new item:
``711. Parental leave for members of the reserve component of the armed
forces.''.
(b) Compensation.--Section 206(a) of title 37, United States Code,
is amended by amending paragraph (4) to read as follows:
``(4) for a regular period of instruction, period of
appropriate duty, or such other equivalent training that a member
would be required to perform but does not perform because such
member was authorized to take parental leave pursuant to section
711 of title 10.''.
(c) Contribution of Leave Toward Entitlement to Retired Pay.--
Section 12732(a)(2)(G) of title 10, United States Code, is amended by
striking ``12 per period'' and all that follows through the end of the
sentence and inserting the following: ``1 per inactive-duty training
period, under section 206 of title 37, during which the member is on
parental leave under section 711 of this title.''.
(d) Credit for Retired Pay Purposes.--Section 602(b) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 12732 note) is amended--
(1) in paragraph (1), by striking ``maternity leave'' and all
that follows through ``birth of a child'' and inserting ``parental
leave described in section 12732(a)(2)(G) of title 10, United
States Code, taken by a member of the reserve components of the
Armed Forces'';
(2) in paragraph (2), by striking ``maternity leave'' and all
that follows through ``childbirth event'' and inserting ``parental
leave taken by the member''; and
(3) in paragraph (3), by striking ``maternity leave'' each
place it appears and inserting ``parental leave''.
(e) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2024, and apply with respect to
periods of parental leave that commence on or after such date.
SEC. 602. PAY OF MEMBERS OF RESERVE COMPONENTS FOR INACTIVE-DUTY
TRAINING TO OBTAIN OR MAINTAIN AN AERONAUTICAL RATING OR
DESIGNATION.
(a) In General.--Chapter 3 of title 37, United States Code, is
amended by inserting after section 206 the following new section:
``Sec. 206a. Pay of members of reserve components for inactive-duty
training to obtain or maintain an aeronautical rating or
designation
``Under regulations prescribed by the Secretary concerned, a member
of the National Guard or a member of a reserve component of a uniformed
service who is receiving aviation incentive pay under section 334(a) of
this title and is entitled to compensation under section 206 of this
title is entitled to such compensation for a number of periods of
inactive-duty training each month sufficient for the member to obtain
or maintain an aeronautical rating or designation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title is amended by inserting after the item relating
to section 206 the following new item:
``206a. Pay of members of reserve components for inactive-duty training
to obtain or maintain an aeronautical rating or
designation.''.
SEC. 603. EXPANSION OF AUTHORITY TO PAY A MEMBER OF THE ARMED
FORCES WHO IS ABSENT WITHOUT LEAVE OR OVER LEAVE FOR SUCH
ABSENCE.
Section 503(a) of title 37, United States Code, is amended--
(1) by striking ``A member'' and inserting ``(1) Subject to
paragraph (2), a member''; and
(2) by adding at the end the following new paragraph (2):
``(2)(A) In the case of a member of the Army, Navy, Air Force,
Marine Corps, Space Force, or Coast Guard when it is operating as
service in the Department of the Navy, the Secretary of Defense may
determine to pay the pay and allowances described in paragraph (1).
``(B) The Secretary may not delegate the authority to make a
determination under subparagraph (A).
``(C) Not later than 30 days after determining to pay any pay or
allowance under subparagraph (A), the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report regarding such determination.''.
Subtitle B--Bonus and Incentive Pays
SEC. 611. EXPANSION OF CONTINUATION PAY ELIGIBILITY.
(a) Continuation Pay: Full TSP Members With 8 to 12 Years of
Service.--Section 356 of title 37, United States Code, is amended--
(1) in the section heading, by striking ``8'' and inserting
``7''; and
(2) in subsections (a)(1) and (d), by striking ``8'' and
inserting ``7''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by striking the item relating to
section 356 and inserting the following new item:
``356. Continuation pay: full TSP members with 7 to 12 years of
service.''.
SEC. 612. MODIFICATION OF SPECIAL AND INCENTIVE PAY AUTHORITIES FOR
MEMBERS OF RESERVE COMPONENTS.
(a) In General.--Section 357 of title 37, United States Code, is
amended--
(1) by striking ``incentive pay'' and inserting ``special or
incentive pay'';
(2) by striking the period at the end and inserting ``if the
Secretary concerned is paying the member of the reserve component
the special or incentive pay for the purpose of--''; and
(3) by adding at the end the following:
``(1) maintaining a skill certification or proficiency
identical to a skill certification or proficiency required of the
member in the regular component; or
``(2) compensating the member of the reserve component for
exposure to hazards or risks identical to hazards or risks to which
the member in the regular component was exposed.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The section heading for section 357
of title 37, United States Code, is amended by striking
``Incentive'' and inserting ``Special and incentive''.
(2) Clerical amendment.--The table of sections for chapter 5 of
such title is amended by striking the item relating to section 357
and inserting the following new item:
``357. Special and incentive pay authorities for members of the reserve
components of the armed forces.''.
(c) Modification of Implementation Determination.--Section 602(d)
of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 37 U.S.C. 357 note) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and by moving such subparagraphs, as so
redesignated, two ems to the right;
(2) by striking ``The Secretary may'' and inserting the
following:
``(1) In general.--The Secretary shall'';
(3) in subparagraph (A), as redesignated by paragraph (1), by
striking ``subsection (b)'' and inserting ``subsection (c)''; and
(4) by adding at the end the following new paragraph:
``(2) Evaluation of types of special and incentive pay.--In
making the determination and certification described in paragraph
(1)(B), the Secretary shall evaluate each type or category of
special and incentive pay separately and may make the determination
and certification based on the effect on an Armed Force concerned
of a particular type or category of special or incentive pay.''.
SEC. 613. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL
PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2023'' and inserting ``December 31, 2024''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2023'' and inserting ``December 31, 2024'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education loans
for certain health professionals who serve in the Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2023'' and inserting ``December 31, 2024''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2023''
and inserting ``December 31, 2024'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive pay
and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive pay
authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers' Training
Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special duty
pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b) of title 37, United States Code,
is amended--
(1) in paragraph (7)(E), relating to an area covered by a major
disaster declaration or containing an installation experiencing an
influx of military personnel, by striking ``December 31, 2023'' and
inserting ``December 31, 2024''; and
(2) by striking subparagraph (C) of paragraph (8), relating to
an area where actual housing costs differ from current rates by
more than 20 percent, and inserting the following:
``(C) This paragraph shall cease to be effective on December 31,
2024.''.
SEC. 614. AUTHORIZATION OF MONTHLY BONUS PAY FOR A JUNIOR MEMBER OF
THE UNIFORMED SERVICES DURING CALENDAR YEAR 2024.
(a) Authorization.--Beginning on January 1, 2024, if the Secretary
concerned determines that prevailing economic conditions may adversely
affect an eligible member, the Secretary concerned may pay a monthly
bonus to each eligible member.
(b) Amount of Pay.--Each bonus payment under this section shall be
in an amount equal to a percentage, determined by the Secretary
concerned, of the rate--
(1) in effect on December 31, 2023; and
(2) of, for an eligible member--
(A) pay under section 204 of title 37, United States Code;
or
(B) compensation under section 206 of title 37, United
States Code.
(c) Relationship to Other Pay and Allowances.--Bonus pay paid to an
eligible member under this section is in addition to any other pay and
allowances to which the eligible member is entitled.
(d) Termination.--No bonus may be paid under this section after
December 31, 2024.
(e) Eligible Member Defined.--In this section, the term ``eligible
member'' means a member of the uniformed services who--
(1) is entitled to pay or compensation described in subsection
(b)(2); and
(2) is in a grade below E-6.
SEC. 615. DETERMINATION OF COLD WEATHER LOCATION FOR PURPOSES OF
SPECIAL DUTY PAY.
For purposes of special duty pay under section 352 of title 37,
United States Code, the Secretary concerned shall determine that a duty
station is a cold weather location if, at such duty station, the
temperature is expected to drop below -20 F according to the 2012
Plant Hardiness Zone Map published by the Agricultural Research Service
of the Department of Agriculture.
SEC. 616. FEASIBILITY STUDY REGARDING ASSIGNMENT INCENTIVE PAY FOR
MEMBERS OF THE AIR FORCE ASSIGNED TO REMOTELY PILOTED AIRCRAFT.
Not later than 180 days after the date of enactment of this Act,
the Secretary of the Air Force shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
feasibility and advisability of paying assignment incentive pay under
section 307a of title 37, United States Code, to members of the Air
Force assigned to remotely piloted aircraft, including at Creech Air
Force Base. The study shall include--
(1) an assessment of the financial stress experienced by such
members, especially junior members with families, associated with--
(A) the daily commute to and from the duty station;
(B) the unique demands of the mission to remotely pilot
aircraft; and
(C) limited access to essential services, including child
care, housing, and readily accessible health care; and
(2) the overall cost to the United States, and financial relief
provided by, such assignment incentive pay authorized by the
Secretary of the Air Force in 2008 for such members.
Subtitle C--Allowances
SEC. 621. MODIFICATION OF CALCULATION OF GROSS HOUSEHOLD INCOME FOR
BASIC NEEDS ALLOWANCE TO ADDRESS AREAS OF DEMONSTRATED NEED.
(a) In General.--Section 402b(k)(1)(B) of title 37, United States
Code, is amended by inserting ``or that otherwise has a demonstrated
need'' after ``high cost of living''.
(b) Implementation Guidance.--The Secretary of Defense shall revise
the guidance issued with respect to implementation of the basic needs
allowance under section 402b of title 37, United States Code, to
reflect the amendment made by subsection (a).
SEC. 622. IMPROVED CALCULATION OF BASIC ALLOWANCE FOR HOUSING FOR
JUNIOR ENLISTED MEMBERS.
Section 403 of title 37, United States Code, is amended, in
subsection (b)(5), by striking ``and shall be based'' and all that
follows and inserting a period.
SEC. 623. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS ASSIGNED TO
VESSELS UNDERGOING MAINTENANCE.
Section 403(f)(2) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``subparagraphs (B) and
(C)'' and inserting ``subparagraphs (B), (C), and (D)''; and
(2) by adding at the end the following new subparagraph:
``(D)(i) Under regulations prescribed by the Secretary concerned,
the Secretary may authorize the payment of a basic allowance for
housing to a member of a uniformed service without dependents who is
serving in a pay grade below E-6 and has orders to a naval vessel
during a shipyard availability or maintenance period.
``(ii) In prescribing regulations under clause (i), the Secretary
concerned shall consider the availability of quarters for members
serving in pay grades below E-6 before authorizing the payment of a
basic allowance for housing for such members.''.
SEC. 624. DUAL BASIC ALLOWANCE FOR HOUSING FOR TRAINING.
Section 403 of title 37, United States Code, as amended by sections
622 and 623, is further amended, in subsection (g)(3), by striking
``Paragraphs'' and inserting ``Except in the case of a member of a
reserve component without dependents who is called or ordered to active
duty to attend training for at least 140 days but fewer than 365 days,
paragraphs''.
SEC. 625. COST-OF-LIVING ALLOWANCE IN THE CONTINENTAL UNITED
STATES: HIGH COST AREAS.
Section 403b(c) of title 37, United States Code, is amended--
(1) in the second sentence, by striking ``8 percent'' and
inserting ``5 percent''; and
(2) in the third sentence, by striking ``shall prescribe'' and
inserting ``may prescribe''.
SEC. 626. FAMILY SEPARATION ALLOWANCE: INCREASE; REVIEW.
(a) Increase.--Section 427(a) of title 37, United States Code, is
amended, in paragraph (1), by striking ``equal to $250'' and inserting
``of not less than $250, and not more than $400,''.
(b) Review.--In each quadrennial review of military compensation
conducted after the date of the enactment of this Act and under section
1008(b) of such title, the President shall include--
(1) a review of the family separation allowance under section
427 of such title (or successor allowance); and
(2) the recommendation of the President regarding whether to
increase the amount of such allowance to better compensate a member
of the uniformed services for separation from family during service
described in such paragraph.
SEC. 627. OCONUS COST-OF-LIVING ALLOWANCE: ADJUSTMENTS.
Section 617 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) is amended by striking
subsections (a), (b), and (c) and inserting the following:
``(a) Reductions.--The Secretary of Defense may reduce an OCONUS
COLA in accordance with this subsection.
``(1) Frequency.--The Secretary may not announce a reduction to
an OCONUS COLA for a location outside the continental United States
more than twice per calendar year.
``(2) Maximum reduction.--A reduction to an OCONUS COLA may not
exceed the lesser of--
``(A) 10 OCONUS COLA index points; or
``(B) the number of OCONUS COLA index points by which the
cost of living of the permanent duty station of the covered
member exceeds the average cost of living index in the
continental United States.
``(3) Limitations.--Paragraphs (1) and (2) shall not apply to a
reduction on the basis of--
``(A) a change in the rate of exchange of foreign
currencies; or
``(B) a permanent change of station for a covered member.
``(4) Implementation.--The Secretary may phase in a reduction
under this subsection.
``(b) Increases.--The Secretary may increase an OCONUS COLA at any
time.
``(c) Reporting.--Not later than February 1 of each year, the
Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report regarding reductions and
increases to OCONUS COLAs during the previous calendar year. Such
report shall include the following elements:
``(1) The areas outside the continental United States subject
to such a reduction or increase.
``(2) The previous and new amounts of an adjusted OCONUS COLA
for a member with three dependents, 10 years of service, and in
grade--
``(A) E-6; and
``(B) O-4.
``(3) The number of OCONUS COLA index points by which a new
OCONUS COLA index differs from such previous index.
``(4) The number of members of the uniformed services affected
by each such reduction or increase.
``(5) The assessment of the Secretary of the calculation of an
OCONUS COLA. In making such assessment, the Secretary shall
consider factors including--
``(A) Costs of local transportation in the area surrounding
the duty station of a member.
``(B) Costs of travel from such duty station to the United
States.
``(C) Other costs the Secretary determines appropriate.
``(d) Definitions.--In this section:
``(1) The term `continental United States' has the meaning
given such term in section 101 of title 37, United States Code.
``(2) The term `covered member' means a member of the uniformed
services--
``(A) who is assigned to a permanent duty station located
outside the continental United States; or
``(B) whose dependents reside outside the continental
United States but not withing the vicinity to permanent duty
station of such member.
``(3) The term `OCONUS COLA' means a cost-of-living allowance
paid to a member of the uniformed services on the basis that such
member is a covered member.
``(4) The term `OCONUS COLA index' means the index computed by
the Secretary of the weighted average prices of goods and services
(excluding housing costs) in a location outside the continental
United States, relative to the weighted average of prices of the
same goods and services in the continental United States.
``(5) The term `OCONUS COLA index point' means 1 percent of the
OCONUS COLA index for the weighted average prices of goods and
services (excluding housing costs) in a location in the continental
United States.''.
SEC. 628. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO
TRANSFER TO THE SPACE FORCE.
Section 606(d)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 37
U.S.C. 416 note) is amended by striking ``September 30, 2023'' and
inserting ``September 30, 2025''.
Subtitle D--Family and Survivor Benefits
SEC. 631. MODIFICATIONS TO TRANSITIONAL COMPENSATION FOR DEPENDENTS
OF MEMBERS SEPARATED FOR DEPENDENT ABUSE.
(a) Covered Punitive Actions.--Subsection (b) of section 1059 of
title 10, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) who is--
``(A) convicted of a dependent-abuse offense in a district
court of the United States or a State court; and
``(B) separated from active duty pursuant to a sentence of
a court-martial, or administratively separated, voluntarily or
involuntarily, from active duty, for an offense other than the
dependent-abuse offense.''.
(b) Commencement of Payment.--Subsection (e)(1) of such section is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by inserting after
``offense'' the following: ``or an offense described in
subsection (b)(3)(B)''; and
(B) in clause (ii), by striking ``; and'' and inserting a
semicolon; and
(2) in subparagraph (B), by striking ``(if the basis'' and all
that follows through ``offense)''.
(c) Definition of Dependent Child.--Subsection (l) of such section
is amended, in the matter preceding paragraph (1)--
(1) by striking ``resulting in the separation of the former
member or'' and inserting ``referred to in subsection (b) or''; and
(2) by striking ``resulting in the separation of the former
member and'' and inserting ``and''.
(d) Delegation of Determinations Relating to Exceptional
Eligibility.--Subsection (m)(4) of such section is amended to read as
follows:
``(4) The Secretary concerned may delegate the authority under
paragraph (1) to authorize eligibility for benefits under this section
for dependents and former dependents of a member or former member to
the first general or flag officer (or civilian equivalent) in the chain
of command of the member.''.
SEC. 632. LODGING EXPENSES FOR DEPENDENTS OF MEMBERS SEPARATED FOR
DEPENDENT ABUSE.
Section 1059 of title 10, United States Code, as amended by section
631, is further amended--
(1) in the heading, by adding ``; lodging expenses'' at the
end;
(2) by redesignating subsections (k), (l), and (m) as
subsections (m), (n), and (l), respectively;
(3) by striking ``subsection (k)'' each place it appears and
inserting ``subsection (m)''; and
(4) by inserting, after subsection (j), the following new
subsection (k):
``(k) Lodging Expenses.--A dependent or former dependent entitled
to payment of monthly transitional compensation under this section
shall, while receiving payments in accordance with this section, be
entitled to lodging expenses for a period not longer than 30 days.''.
SEC. 633. ACCESS TO COMMISSARY AND EXCHANGE PRIVILEGES FOR
REMARRIED SURVIVING SPOUSES.
(a) In General.--Section 1062 of title 10, United States Code, is
amended--
(1) by striking ``The Secretary of Defense'' and inserting the
following:
``(a) Certain Unremarried Former Spouses.--The Secretary of
Defense'';
(2) by striking ``commissary and exchange privileges'' and
inserting ``use commissary stores and MWR retail facilities'';
(3) by adding at the end the following new subsection:
``(b) Certain Remarried Surviving Spouses.--The Secretary of
Defense shall prescribe such regulations as may be necessary to provide
that a surviving spouse of a deceased member of the armed forces,
regardless of the marital status of the surviving spouse, is entitled
to use commissary stores and MWR retail facilities to the same extent
and on the same basis as an unremarried surviving spouse of a member of
the uniformed services.''; and
(4) by adding at the end the following new subsection:
``(c) MWR Retail Facilities Defined.--In this section, the term
`MWR retail facilities' has the meaning given that term in section 1063
of this title.''.
(b) Regulations.--The Secretary of Defense shall prescribe
regulations under section 1062(b) of title 10, United States Code, as
added by subsection (a)(3), not later than October 1, 2025.
(c) Clerical Amendment.--The heading of such section is amended by
adding ``and surviving spouses'' at the end.
SEC. 634. ASSISTANCE FOR MILITARY SPOUSES TO OBTAIN CERTIFICATIONS
AS DOULAS AND INTERNATIONAL BOARD CERTIFIED LACTATION
CONSULTANTS.
Section 1784a of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Doula and IBCLC Certifications.--In carrying out the programs
authorized by subsection (a), the Secretary shall provide assistance to
the spouse of a member of the armed forces described in subsection (b)
with obtaining certification--
``(1) as a doula or International Board Certified Lactation
Consultant; and
``(2) provided by an organization that receives reimbursement
under the extramedical maternal health providers demonstration
project required by section 746 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 1073 note).''.
SEC. 635. EXPANSION OF QUALIFYING EVENTS FOR WHICH A MEMBER OF THE
UNIFORMED SERVICES MAY BE REIMBURSED FOR SPOUSAL RELICENSING OR
BUSINESS COSTS DUE TO THE MEMBER'S RELOCATION.
Section 453(g) of title 37, United States Code, is amended--
(1) by striking the subsection heading and inserting
``Reimbursement of Qualifying Spouse Relicensing Costs and Business
Costs'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``or qualified business costs'' and inserting ``and qualified
business costs'';
(B) by amending subparagraph (A) to read as follows:
``(A) the member relocates to a new jurisdiction or geographic
area as the result of--
``(i) an assignment to a duty station;
``(ii) a reassignment, either as a result of a permanent
change of station or permanent change of assignment, between
duty stations;
``(iii) a transfer from a regular component of a uniformed
service into the Selected Reserve of the Ready Reserve of a
uniformed service, if the member is authorized a final move
from the last duty station to the new jurisdiction or
geographic area; or
``(iv) placement on the temporary disability retired list
under chapter 61 of title 10; and''; and
(C) in subparagraph (B), by striking ``reassignment'' and
inserting ``relocation'';
(3) in paragraph (2), by striking ``reassignment'' both places
it appears and inserting ``relocation'';
(4) in paragraph (4)--
(A) in subparagraph (A), by striking ``movement described
in'' and all that follows through the semicolon and inserting
``the member's relocation described in paragraph (1);''; and
(B) in subparagraph (B), by striking ``reassignment'' and
inserting ``relocation''; and
(5) in paragraph (5)--
(A) in subparagraph (A), by striking ``movement described
in'' and all that follows through the semicolon and inserting
``the member's relocation described in paragraph (1);''; and
(B) in subparagraph (B), by striking ``reassignment'' and
inserting ``relocation''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Waiver of cost-sharing for three mental health outpatient
visits for certain beneficiaries under the TRICARE program.
Sec. 702. Extension of period of eligibility for health benefits under
TRICARE Reserve Select for survivors of a member of the
Selected Reserve.
Sec. 703. Expansion of eligibility for hearing aids to include children
of certain retired members of the uniformed services.
Sec. 704. Authority to provide dental care for dependents located at
certain remote or isolated locations.
Sec. 705. Clarification of applicability of required mental health self-
initiated referral process for members of the Selected
Reserve.
Sec. 706. Naloxone and fentanyl: regulations; briefing.
Sec. 707. Authority to expand the TRICARE Competitive Plans
Demonstration Project.
Subtitle B--Health Care Administration
Sec. 711. Modification of requirement to transfer research and
development and public health functions to the Defense Health
Agency.
Sec. 712. Increase in stipend for participants in health professions
scholarship and financial assistance programs.
Sec. 713. Modification of administration of medical malpractice claims
by members of the uniformed services.
Sec. 714. Networks of the Defense Health Agency: delayed implementation;
GAO study.
Sec. 715. Real-time data sharing agreement regarding medical care
provided to members of the Coast Guard.
Sec. 716. Establishment of military pharmaceutical and medical device
vulnerability working group.
Subtitle C--Studies, Briefings, Reports, and Other Matters
Sec. 721. Modification of partnership program for military trauma care
and research.
Sec. 722. Study on opioid alternatives.
Sec. 723. Program of the Department of Defense to study treatment of
certain conditions using certain psychedelic substances.
Sec. 724. Annual report regarding overdoses by certain members of the
Armed Forces.
Sec. 725. Study and report on health conditions of members of the Armed
Forces on active duty developed after administration of COVID-
19 vaccine.
Sec. 726. GAO study on health care available to certain individuals
supporting the missions of United States Forces Japan and
Joint Region Marianas.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. WAIVER OF COST-SHARING FOR THREE MENTAL HEALTH OUTPATIENT
VISITS FOR CERTAIN BENEFICIARIES UNDER THE TRICARE PROGRAM.
(a) TRICARE Select.--Section 1075(c) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(4)(A) Consistent with other provisions of this chapter and
subject to requirements to be prescribed by the Secretary, the
Secretary may waive cost-sharing requirements for the first three
outpatient mental health visits each year of any of the following
beneficiaries:
``(i) Beneficiaries in the active-duty family member
category.
``(ii) Beneficiaries covered by section 1110b of this
title.
``(B) This paragraph shall terminate on the date that is five
years after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024.''.
(b) TRICARE Prime.--Section 1075a(a) of such title is amended by
adding at the end the following new paragraph:
``(4)(A) Consistent with other provisions of this chapter and
subject to requirements to be prescribed by the Secretary, the
Secretary may waive cost-sharing requirements for the first three
outpatient mental health visits each year of a beneficiary in the
active-duty family member category (as described in section
1075(b)(1)(A) of this title).
``(B) This paragraph shall terminate on the date that is five
years after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024.''.
SEC. 702. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH BENEFITS
UNDER TRICARE RESERVE SELECT FOR SURVIVORS OF A MEMBER OF THE
SELECTED RESERVE.
(a) In General.-- Section 1076d(c) of title 10, United States Code,
is amended by striking ``six months'' and inserting ``three years''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2025.
SEC. 703. EXPANSION OF ELIGIBILITY FOR HEARING AIDS TO INCLUDE
CHILDREN OF CERTAIN RETIRED MEMBERS OF THE UNIFORMED SERVICES.
Paragraph (16) of section 1077(a) of title 10, United States Code,
is amended to read as follows:
``(16) Except as provided by subsection (g), a hearing aid, but
only if the dependent has a profound hearing loss, as determined
under standards prescribed in regulations by the Secretary of
Defense in consultation with the administering Secretaries, and
only for the following dependents:
``(A) A dependent of a member of the uniformed services on
active duty.
``(B) A dependent under subparagraph (D) or (I) of section
1072(2) of this title of a former member of the uniformed
services who--
``(i) is entitled to retired or retainer pay, or
equivalent pay; and
``(ii) is enrolled in family coverage under TRICARE
Prime.''.
SEC. 704. AUTHORITY TO PROVIDE DENTAL CARE FOR DEPENDENTS LOCATED
AT CERTAIN REMOTE OR ISOLATED LOCATIONS.
Section 1077(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3)(A) Dependents who reside within a specified geographic area
and are covered by a dental plan established under section 1076a may
receive dental care in a dental treatment facility of the uniformed
services on a space available basis if the Secretary of Defense
determines that--
``(i) civilian dental care within the specified geographic area
is inadequate or is not sufficiently available; and
``(ii) adequate resources exist to provide space available
dental care to the dependents at the facility.
``(B) Care under subparagraph (A) shall be provided on a
reimbursable basis.''.
SEC. 705. CLARIFICATION OF APPLICABILITY OF REQUIRED MENTAL HEALTH
SELF-INITIATED REFERRAL PROCESS FOR MEMBERS OF THE SELECTED
RESERVE.
Section 1090b(e) of title 10, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph (A),
by inserting ``described in paragraph (3)'' after ``member of the
armed forces''; and
(2) by adding at the end the following new paragraph:
``(3) A member of the armed forces described in this paragraph
is--
``(A) a member on active duty for a period of longer than
30 days; or
``(B) a member of the Selected Reserve in a duty status.''.
SEC. 706. NALOXONE AND FENTANYL: REGULATIONS; BRIEFING.
(a) Regulations.--Not later than January 1, 2025, the Secretary of
Defense, in coordination with the Secretaries of the military
departments shall prescribe regulations regarding naloxone and fentanyl
on military installations. Such regulations shall--
(1) ensure that naloxone is available for members of the Armed
Forces--
(A) on all military installations; and
(B) in each operational environment; and
(2) establish a standardized tracking system--
(A) for naloxone distributed under paragraph (1); and
(B) of the illegal use of fentanyl and other controlled
substances in the military departments.
(b) Briefing.--Not later than June 1, 2025, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing regarding naloxone and
fentanyl. Such briefing shall include the following elements:
(1) Progress in the implementation of regulations prescribed
under subsection (a).
(2) The prevalence and incidence of the illegal use of fentanyl
and other controlled substances in the military departments during
the five years preceding the briefing.
(3) Processes of the military departments to mitigate substance
abuse, particularly with regards to fentanyl.
(c) Naloxone Defined.--In this section, the term ``naloxone'' means
naloxone and any other medication used to reverse opioid overdose.
SEC. 707. AUTHORITY TO EXPAND THE TRICARE COMPETITIVE PLANS
DEMONSTRATION PROJECT.
(a) Authority.--To the extent practicable, the Secretary of Defense
shall seek to expand the TRICARE Competitive Plans Demonstration
Project to not fewer than five locations not later than one year after
the date of the enactment of this Act.
(b) TRICARE Competitive Plans Demonstration Project Defined.--In
this section, the term ``TRICARE Competitive Plans Demonstration
Project'' means the project designed to test the contract acquisition
strategy of providing an opportunity for local, regional, and national
health plans to participate in the competition for managed care support
functions under the TRICARE program, in accordance with section
705(c)(3) of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 10 U.S.C. 1073a note).
Subtitle B--Health Care Administration
SEC. 711. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH AND
DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO THE DEFENSE HEALTH
AGENCY.
(a) In General.--Section 1073c of title 10, United States Code, is
amended--
(1) in subsection (e), in the matter preceding paragraph (1),
by striking ``Not later than September 30, 2022,'' and inserting
``Not later than September 30, 2024, and subject to subsection
(f),'';
(2) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively; and
(3) by inserting, after subsection (e), the following new
subsection (f):
``(f) Exception to Establishment of Additional DHA Organizations.--
At the discretion of the Secretary of Defense, a military department
may retain a function that would otherwise be transferred to the
Defense Health Agency under subsection (e) if the Secretary of Defense
determines the function--
``(1) addresses a need that is unique to the military
department; and
``(2) is in direct support of operating forces and necessary to
execute strategies relating to national security and defense.''.
(b) Briefing Update.--Not later than September 30, 2024, the
Secretary of Defense shall provide to the Committees on Armed Services
of the House of Representatives and the Senate an update to the
briefing under section 720(b) of the James F. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C.
1073c note), including--
(1) a description of each function that the Secretary has
determined to retain in a military department pursuant to
subsection (f) of section 1073c of title 10, United States Code, as
amended by subsection (a); and
(2) the rationale for each such determination.
SEC. 712. INCREASE IN STIPEND FOR PARTICIPANTS IN HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAMS.
Section 2121(d) of title 10, United States Code, is amended, in the
matter preceding paragraph (1), by striking ``$30,000'' and inserting
``$50,000''.
SEC. 713. MODIFICATION OF ADMINISTRATION OF MEDICAL MALPRACTICE
CLAIMS BY MEMBERS OF THE UNIFORMED SERVICES.
Section 2733a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (f)'' and
inserting ``subsection (g)'';
(2) in subsection (b)(6), by striking ``subsection (f)'' and
inserting ``subsection (g)'';
(3) in subsection (d)(1), by striking ``subsection (f)'' and
inserting ``subsection (g)'';
(4) by redesignating subsections (f) through (i) as subsections
(g) through (j), respectively; and
(5) by inserting after subsection (e) the following new
subsection (f):
``(f) Justification of Denial.--If a claim under this section is
denied, the Secretary of Defense shall provide the claimant with
detailed reasoning justifying the denial of the claim, including--
``(1) copies of any written reports prepared by any expert upon
which the denial is based; and
``(2) all records and documents relied upon in preparing such
written reports, other than medical quality assurance records (as
such term is defined in section 1102 of this title).''.
SEC. 714. NETWORKS OF THE DEFENSE HEALTH AGENCY: DELAYED
IMPLEMENTATION; GAO STUDY.
(a) Temporary Prohibition.--The Secretary of Defense may not
advance beyond phase one of the organizational advancement plan to
establish nine networks of the Defense Health Agency for the management
of military medical treatment facilities, announced on October 1, 2023,
until the Comptroller General of the United States submits the report
under subsection (b).
(b) GAO Study on Defense Health Agency Management of Military
Medical Treatment Facilities.--
(1) Study required.--The Comptroller General of the United
States shall conduct a study of the plan described in subsection
(a).
(2) Elements.--The study under paragraph (1) shall include the
following elements:
(A) An assessment of the structure of such networks,
including--
(i) the analytical basis for the size and number of
networks established;
(ii) an analysis of personnel requirements for the
network model;
(iii) a review of how input from internal and external
stakeholders was incorporated; and
(iv) the plans for achieving consolidation of business
functions across military medical treatment facilities
within the new networks;
(B) an assessment of how the Director of the Defense Health
Agency considered lessons learned from previous market offices,
including the allocation of personnel and budgetary resource
sharing; and
(C) a comparison of the new network model to previous
organizational structures of the Defense Health Agency,
including market structures and component models.
(3) Briefing; report.--Not later than May 1, 2024, the
Comptroller General shall brief the Committees on Armed Services of
the Senate and the House of Representatives on the preliminary
findings of the study, with a report to follow at such time and in
such format as is mutually agreed upon by the committees and the
Comptroller General.
(c) Technical Corrections.--
(1) Defense health agency regions in conus.--Subsection (c) of
section 712 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1073c note)
is amended--
(A) in paragraph (1), in the paragraph heading, by striking
``Healthagency'' and inserting ``Health agency''; and
(B) in paragraph (2)(A), by striking ``military''.
(2) Defense health agency regions oconus.--Subsection (d)(3) of
such section is amended by striking ``defense health regions'' and
inserting ``Defense Health Agency regions''.
(3) Planning and coordination.--Subsection (e)(1)(A) of such
section is amended by striking ``defense health region'' and
inserting ``Defense Health Agency region''.
SEC. 715. REAL-TIME DATA SHARING AGREEMENT REGARDING MEDICAL CARE
PROVIDED TO MEMBERS OF THE COAST GUARD.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall consult and enter into an agreement
with the Secretary of Homeland Security with respect to policies,
mechanisms, and processes that the Secretaries concerned shall
establish to allow ongoing use by the Coast Guard for access to data,
records, and information regarding access by members of the Coast Guard
and beneficiaries of such members to military medical facilities or
care provided through the TRICARE program that will enhance the ability
to monitor, assess, and optimize healthcare services.
SEC. 716. ESTABLISHMENT OF MILITARY PHARMACEUTICAL AND MEDICAL
DEVICE VULNERABILITY WORKING GROUP.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Chairman of the Joint Chiefs of Staff, the Under Secretary of
Defense for Personnel and Readiness, and the Under Secretary of Defense
for Acquisition and Sustainment, shall establish a military
pharmaceutical and medical device vulnerability working group.
(b) Membership.--Each member of the working group shall be a member
of the Armed Forces or a civilian employee of the Department of
Defense.
(c) Cochairs.--The Secretary shall appoint a chair of the working
group. The working group shall elect a cochair from among its members.
(d) Duties.--The duties of the working group shall include the
following:
(1) To provide a forum for members of the working group to
discuss issues involving access, threats, and vulnerabilities to
pharmaceuticals, therapeutics and medical devices in operational
environments of the Department.
(2) To identify current vulnerabilities, including supply chain
issues, active pharmaceutical ingredient supplies, device component
issues and cyber and electronic threats that may disrupt operations
of the Department.
(3) To identify locations where the Secretary can support
manufacturing capabilities needed to improve the timely increase of
domestic production.
(4) To review policies of the Department to identify
pharmaceutical manufacturing and supply guidance related to--
(A) diversification of the supply chain;
(B) transparency from pharmaceutical suppliers and
manufacturers;
(C) prerequisites for a vendor to sell to the Department
during a shortage;
(D) timely communication regarding a potential shortage or
other supply chain disruption; and
(E) the application of rules and processes of the Food and
Drug Administration to the Department.
(5) To include any information in the joint medical estimate of
the Department or a similar report that highlights information that
would be classified as sensitive or requiring a security
classification above unclassified.
(6) To develop a plan for the allocation of scarce
pharmaceutical resources within the Department during a supply
chain disruption and potential conflicts with competitors
highlighted in the national defense strategy.
(7) To develop a plan for stockpiling essential medications to
ensure availability of a 180-day supply during an armed conflict or
other supply chain disruption.
(8) To develop a plan that mitigates vulnerabilities to active
pharmaceutical ingredient supply chains and reduces dependence on
active pharmaceutical ingredients from foreign sources.
(e) Briefings.--
(1) Initial briefing.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives an interim briefing on the organization,
activities, plans, actions and milestones of the working group.
(2) Annual briefing.--Not later than September 30 of each year,
beginning in 2025 and ending in 2028, the Secretary shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a briefing describing the activities, funding,
plans, actions, and milestones of the working group, and other
matters determined by the Secretary, during the preceding year.
(f) Termination.--The working group shall terminate on September
30, 2028.
Subtitle C--Studies, Briefings, Reports, and Other Matters
SEC. 721. MODIFICATION OF PARTNERSHIP PROGRAM FOR MILITARY TRAUMA
CARE AND RESEARCH.
Section 736 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 1071 note) is
amended--
(1) by redesignating paragraphs (7) through (9) as paragraphs
(8) through (10), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The provision of training and support to Ukraine for the
treatment of individuals with extremity trauma, amputations, post-
traumatic stress disorder, traumatic brain injuries, and any other
mental health conditions associated with post-traumatic stress
disorder or traumatic brain injuries, including--
``(A) the exchange of subject matter expertise;
``(B) training and support relating to advanced clinical
skills development; and
``(C) training and support relating to clinical case
management support.''.
SEC. 722. STUDY ON OPIOID ALTERNATIVES.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall carry out a study
in military treatment facilities on the efficacy of opioid alternatives
for pain management.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the results of the study under this section. Such report shall include
recommendations of the Secretary regarding the use of opioid
alternatives in military treatment facilities.
(c) Opioid Alternative Defined.--In this section, the term ``opioid
alternative'' includes the following:
(1) Cryotherapy.
(2) Hyperbaric oxygen therapy.
(3) Sensory deprivation.
SEC. 723. PROGRAM OF THE DEPARTMENT OF DEFENSE TO STUDY TREATMENT
OF CERTAIN CONDITIONS USING CERTAIN PSYCHEDELIC SUBSTANCES.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall establish a
process to fund eligible entities to conduct research on the treatment
of eligible members of the Armed Forces with a covered condition using
covered psychedelic substances. Not later than 180 days after the date
of the enactment of this Act, the Secretary shall designate a lead
administrator to carry out the program under this section.
(b) Eligible Entities.--The Secretary may enter into a partnership
and award funding under this section to any of the following:
(1) A department or agency of the Federal Government or a State
government.
(2) An academic institution.
(c) Participation in Clinical Trials.--The Secretary may authorize
any member of the Armed Forces serving on active duty who is diagnosed
with a covered condition to participate in a clinical trial that is
conducted using funding awarded under this section and is authorized
pursuant to section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355), without regard to--
(1) whether the clinical trial involves a substance included in
the schedule under section 202 of the Controlled Substances Act (21
U.S.C. 812); or
(2) section 912a of title 10, United States Code (article 112a
of the Uniform Code of Military Justice).
(d) Report Required.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for three years, the
Secretary shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report on funding awarded under
this section, including the following:
(1) Identification of clinics designated to host activities
under the program.
(2) A description of entities to whom the Secretary has awarded
such funding.
(3) The number of members of the Armed Forces serving on active
duty who participated in a clinical trial described in subsection
(c), the covered conditions of such members treated, and whether
such members returned to full duty.
(4) Information on the findings of such clinical trials.
(e) Definitions.--In this section:
(1) The term ``covered condition'' means any of the following:
(A) Post-traumatic stress.
(B) Traumatic brain injury.
(2) The term ``covered psychedelic substances'' means any of
the following:
(A) 3,4-Methylenedioxy-methamphetamine (commonly known as
``MDMA'').
(B) Psilocybin.
(C) Ibogaine.
(D) 5-Methoxy-N,N-dimethyltryptamine (commonly known as
``5-MeO-DMT'').
(E) Qualified plant-based alternative therapies.
(3) The term ``Secretary'' means the Secretary of Defense.
(4) The term ``State'' has the meaning given such term in
section 901 of title 32, United States Code.
SEC. 724. ANNUAL REPORT REGARDING OVERDOSES BY CERTAIN MEMBERS OF
THE ARMED FORCES.
(a) Report Required.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for four years, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and House of Representatives a report on the
number of annual overdoses among covered members.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The total number of covered members who suffered a
fatal or nonfatal overdose during the previous calendar year,
including--
(i) demographic information, including gender, race,
age, military department, military rank, pay grade, and
station;
(ii) the location of the fatal overdose, including
whether the overdose was on a military base; and
(iii) a list of the substances involved in the fatal
overdose.
(B) Of the covered members identified in subparagraph (A)--
(i) the number of covered members who received mental
health or substance use disorder services prior to a fatal
or nonfatal overdose, including a description of whether
such services were received from a private sector provider;
(ii) the number of covered members with comorbid mental
health diagnoses;
(iii) the number of covered members who had been
prescribed opioids, benzodiazepines, or stimulants;
(iv) the number of covered members who had been
categorized as high-risk and prescribed or provided
naloxone prior to a fatal or nonfatal overdose;
(v) the number of covered members who had a positive
drug test prior to the fatal overdose, including any
substance identified in such test;
(vi) the number of covered members referred to,
including by self-referral, or engaged in medical
treatment, including medication treatment for opioid use
disorder;
(vii) with respect to each covered member identified in
clause (vi), whether the covered member was referred after
a positive drug test and the source of such referral; and
(viii) the number of fatal overdoses and intentional
overdoses.
(C) An analysis of discernable patterns in fatal and
nonfatal overdoses of covered members.
(D) A description of existing or anticipated response
efforts to fatal and nonfatal overdoses at military bases that
have rates of fatal overdoses that exceed the average rate of
fatal overdoses in the United States.
(E) An assessment of the availability of substance use
disorder treatment for covered members.
(F) The number of medical facilities of, or affiliated
with, the Department of Defense that have opioid treatment
programs.
(G) A description of punitive measures taken by the
Secretary of Defense in response to substance misuse, substance
use disorder, or overdose by covered member.
(3) Privacy.--
(A) In general.--Nothing in this subsection shall be
construed to authorize the disclosure by the Secretary of
Defense of personally identifiable information of covered
members or military family members, including anonymized
personal information that could be used to identify covered
members or military family members.
(B) Application of hipaa.--In carrying out this subsection,
the Secretary of Defense shall take steps to protect the
privacy of covered members and military family members pursuant
to regulations prescribed under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d-2 note; Public Law 104-191).
(b) Definitions.--In this section:
(1) The term ``covered member'' means a member of the Army,
Navy, Air Force, Marine Corps, or Space Force.
(2) The term ``military family member'' means a family member
of a covered member, including--
(A) the spouse, parent, dependent, or child of a covered
member; or
(B) an individual who has legal responsibility for the
child of a covered member.
SEC. 725. STUDY AND REPORT ON HEALTH CONDITIONS OF MEMBERS OF THE
ARMED FORCES ON ACTIVE DUTY DEVELOPED AFTER ADMINISTRATION OF
COVID-19 VACCINE.
(a) Study.--The Secretary of Defense shall conduct a study to
assess and evaluate any health conditions arising in members of the
Armed Forces on active duty one year after receiving the first dose of
a COVID-19 vaccine.
(b) Study Parameters.--In conducting the study under subsection
(a), the Secretary shall--
(1) disaggregate data collected by--
(A) vaccine type and manufacturer;
(B) age group at the time such first dose was administered;
(C) any health condition developed after receiving such
first dose, regardless of whether the condition is attributable
to the receipt of such first dose; and
(D) an accounting of adverse events (including hyperimmune
response), including further disaggregation by history of
infection; and
(2) assess the prevalence of each such health condition by each
age group specified in paragraph (1)(B) among the unvaccinated
population for each of years 2017, 2018, and 2019.
(c) Report.--Not later than one year after the date of the
enactment of this Act and each year thereafter for the subsequent four
years, the Secretary shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report on the results
of each study conducted under subsection (a).
(d) COVID-19 Vaccine Defined.--The term ``COVID-19 vaccine'' means
a vaccine licensed under section 351 of the Public Health Service Act
(42 U.S.C. 262) or authorized for emergency use under section 564 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) for
immunization against the virus responsible for COVID-19.
SEC. 726. GAO STUDY ON HEALTH CARE AVAILABLE TO CERTAIN INDIVIDUALS
SUPPORTING THE MISSIONS OF UNITED STATES FORCES JAPAN AND JOINT
REGION MARIANAS.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study to determine whether health care services
available to covered individuals are sufficient to support the missions
and readiness of United States Forces Japan and Joint Region Marianas.
(b) Elements.--The study under this section shall include the
following elements:
(1) The assessment of the Comptroller General of the effects of
the changes to the administration and management of the military
health system--
(A) under Defense Health Agency Region Indo-Pacific
Administrative Instruction 6025.02, signed on December 22,
2022; and
(B) on health care services available to covered
individuals through the direct care component of the TRICARE
program.
(2) An estimate of--
(A) the number of covered individuals who in fiscal years
2020 through 2023 received health care services through the
military health system on a space-available basis; and
(B) the percentage of covered individuals described in
subparagraph (A) who had health insurance not provided through
the military health system.
(3) A summary of any health-related screenings administered by
the Federal Government to a civilian employee before such civilian
employee begins an assignment in the area of responsibility of the
United States Indo-Pacific Command.
(4) The determination of the Comptroller General whether the
Secretary of Defense has conducted or participated in an assessment
of health care services--
(A) provided to covered individuals through the military
health system; or
(B) otherwise available to covered individuals.
(5) The evaluation of the Comptroller General of the most
recent assessment described in paragraph (4).
(6) Other information the Comptroller General determines
appropriate.
(c) Briefing; Report.--The Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
(1) an interim briefing on the study not later than 180 days
after the date of the enactment of this Act; and
(2) a final report on the study in a format and on a date
agreed to by the Comptroller General and such Committees during
such briefing.
(d) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who supports the mission of
United States Forces Japan or Joint Region Marianas, who is--
(1) a United States citizen, national, or lawful permanent
resident and--
(A) a civilian employee of the Federal Government; or
(B) an employee of a contractor or subcontractor under an
agreement between such contractor and the Secretary of Defense;
or
(2) a dependent of--
(A) a member of the Armed Forces; or
(B) an individual described in paragraph (1).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Commercial nature determination memo available to contractor.
Sec. 802. Modification of truthful cost or pricing data submissions and
report.
Sec. 803. Prohibition on the transfer of certain data on employees of
the Department of Defense to third parties.
Sec. 804. Prohibition on contracting with persons that have fossil fuel
operations with the Government of the Russian Federation or
the Russian energy sector.
Sec. 805. Prohibition of the Department of Defense procurement related
to entities identified as Chinese military companies operating
in the United States.
Sec. 806. Principal Technology Transition Advisor.
Sec. 807. Senior contracting official for Strategic Capabilities Office.
Sec. 808. Pilot program for the use of innovative intellectual property
strategies.
Sec. 809. Pilot program for anything-as-a-service.
Sec. 810. Updated guidance on planning for exportability features for
future programs.
Sec. 811. Modernizing the Department of Defense requirements process.
Sec. 812. Preventing conflicts of interest for entities that provide
certain consulting services to the Department of Defense.
Sec. 813. Focused commercial solutions openings opportunities.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 820. Amendments to multiyear procurement authority.
Sec. 821. Modification of approval authority for certain follow-on
production contracts or transactions.
Sec. 822. Clarification of other transaction authority for installation
or facility prototyping.
Sec. 823. Extension and revisions to never contract with the enemy.
Sec. 824. Modification and extension of temporary authority to modify
certain contracts and options based on the impacts of
inflation.
Sec. 825. Countering adversary logistics information technologies.
Sec. 826. Modification of contracts and options to provide economic
price adjustments.
Sec. 827. Modifications to earned value management system requirements.
Subtitle C--Domestic Sourcing Requirements
Sec. 831. Emergency acquisition authority for purposes of replenishing
United States stockpiles.
Sec. 832. Requirement for full domestic production of flags of the
United States acquired by the Department of Defense.
Sec. 833. Amendment to requirement to buy certain metals from American
sources.
Sec. 834. Acquisition of sensitive material prohibition exception
amendment.
Sec. 835. Enhanced domestic content requirement for major defense
acquisition programs.
Subtitle D--Provisions Relating to Programs for Accelerating Acquisition
Sec. 841. Pilot program to accelerate contracting and pricing processes.
Sec. 842. Demonstration and prototyping program to advance international
product support capabilities in a contested logistics
environment.
Sec. 843. Special authority for rapid contracting for commanders of
combatant commands.
Subtitle E--Industrial Base Matters
Sec. 851. Additional national security objectives for the national
technology and industrial base.
Sec. 852. Department of Defense Mentor-Protege Program.
Sec. 853. Modifications to the Procurement Technical Assistance Program.
Sec. 854. Modification of effective date for expansion on the
prohibition on acquiring certain metal products.
Sec. 855. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 856. Pilot program to analyze and monitor certain supply chains.
Sec. 857. Department of Defense notification of certain transactions.
Subtitle F--Small Business Matters
Sec. 860. Amendments to defense research and development rapid
innovation program.
Sec. 861. Annual reports regarding the SBIR program of the Department of
Defense.
Sec. 862. Payment of subcontractors.
Sec. 863. Increase in Governmentwide goal for participation in Federal
contracts by small business concerns owned and controlled by
service-disabled veterans.
Sec. 864. Eliminating self-certification for service-disabled veteran-
owned small businesses.
Sec. 865. Consideration of the past performance of affiliate companies
of small business concerns.
Subtitle G--Other Matters
Sec. 871. Extension of mission management pilot program.
Sec. 872. Extension of pilot program to incentivize contracting with
employee-owned businesses.
Sec. 873. Program and processes relating to foreign acquisition.
Sec. 874. Pilot program to incentivize progress payments.
Sec. 875. Study on reducing barriers to acquisition of commercial
products and services.
Subtitle A--Acquisition Policy and Management
SEC. 801. COMMERCIAL NATURE DETERMINATION MEMO AVAILABLE TO
CONTRACTOR.
Section 3456(b)(2) of title 10, United States Code, is amended--
(1) by striking ``for such determination'' and inserting ``why
the product or service was determined to be commercial or
noncommercial''; and
(2) by adding at the end the following: ``Upon the request of
the contractor or subcontractor offering the product or service for
which such determination is summarized in such memorandum, the
contracting officer shall provide to such contractor or
subcontractor a copy of such memorandum.''.
SEC. 802. MODIFICATION OF TRUTHFUL COST OR PRICING DATA SUBMISSIONS
AND REPORT.
Section 3705(b)(2) of title 10, United States Code, is amended--
(1) in subparagraph (B), by adding at the end the following new
sentence: ``The Under Secretary shall make appropriate portions of
the report available to the leadership of the offerors named in
such report.''; and
(2) by adding at the end the following new subparagraph:
``(C) The Under Secretary of Defense for Acquisition and
Sustainment shall develop a framework for revising what constitutes a
denial of uncertified cost or pricing data, including--
``(i) identifying situations under which such denials occur to
exclude situations outside the control of the offeror or Federal
Government;
``(ii) identifying whether such denial is from the prime
contractor or subcontractor; and
``(iii) developing an appropriate timeframe for requiring
submission of uncertified cost or pricing data before a request for
such data is considered a denial, including a standardized
determination of a starting point and conclusion for such
requests.''.
SEC. 803. PROHIBITION ON THE TRANSFER OF CERTAIN DATA ON EMPLOYEES
OF THE DEPARTMENT OF DEFENSE TO THIRD PARTIES.
Chapter 363 of title 10, United States Code, is amended by adding
at the end the following new section:
``Sec. 4662. Prohibition on the transfer of certain data on employees
of the Department of Defense to third parties
``(a) In General.--Each contract entered into by the Department of
Defense on or after the date of the enactment of this section shall
include a provision prohibiting the contractor and each subcontractor
under such contract from selling, licensing, or otherwise transferring
covered individually identifiable Department employee data to any
individual or entity other than the Federal Government, except to the
extent required to perform such contract or a subcontract under such
contract and that would be permissible pursuant to statute or guidance
from the Director of the Office of Management and Budget.
``(b) Waiver.--The Secretary of Defense may waive the requirements
of subsection (a) with respect to a sale, licensing, or other transfer
of covered individually identifiable Department employee data if the
Secretary determines that such waiver is appropriate.
``(c) Definitions.--In this section:
``(1) The term `covered individually identifiable Department
employee data' means individually identifiable Department employee
data obtained by--
``(A) a contractor pursuant to the performance of a
contract described in subsection (a) by such contractor; or
``(B) a subcontractor pursuant to the performance of a
subcontract under such a contract by such subcontractor.
``(2) The term `individually identifiable Department employee
data' means information related to an employee of the Department of
Defense, including a member of the Armed Forces, that--
``(A) identifies such employee; or
``(B) which may be used to infer, by either direct or
indirect means, the identity of such an employee to whom the
information applies.''.
SEC. 804. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE FOSSIL
FUEL OPERATIONS WITH THE GOVERNMENT OF THE RUSSIAN FEDERATION OR
THE RUSSIAN ENERGY SECTOR.
(a) Prohibition.--
(1) In general.--Except as provided under subsections (b), (c),
and (d), the Secretary of Defense may not enter into a contract for
the procurement of goods or services with any person that is or
that has fossil fuel business operations with a person that is not
less than 50 percent owned, individually or collectively, by--
(A) an authority of the Government of the Russian
Federation; or
(B) a fossil fuel company that operates in the Russian
Federation, except if the fossil fuel company transports oil or
gas--
(i) through the Russian Federation for sale outside of
the Russian Federation; and
(ii) that was extracted from a country other than the
Russian Federation with respect to the energy sector of
which the President has not imposed sanctions as of the
date on which the contract is awarded.
(2) Oil and gas origin.--For the purposes of applying the
exception under paragraph (1)(B), oil and gas transported by a
fossil fuel company shall be deemed to have been extracted from the
location of extraction specified in the certificate of origin or
other documentation confirming the origin of such oil or gas unless
the person with respect to which such exception would apply knew or
had reason to know that such location in such documentation was
false or incorrect.
(b) Exceptions.--
(1) In general.--The prohibition under subsection (a) does not
apply to a contract that the Secretary of Defense and the Secretary
of State jointly determine--
(A) is necessary--
(i) for purposes of providing humanitarian assistance
to the people of Russia; or
(ii) for purposes of providing disaster relief and
other urgent life-saving measures;
(B) is vital to the military readiness, basing, or
operations of the United States or the North Atlantic Treaty
Organization;
(C) is vital to the national security interests of the
United States; or
(D) was a business operation with a fossil fuel company in
a country other than the Russian Federation that was entered
into prior to the date of the enactment of this section.
(2) Notification requirement.--The Secretary of Defense shall
notify the appropriate congressional committees of any contract
entered into on the basis of an exception provided for under
paragraph (1).
(3) Office of foreign assets control licenses.--The prohibition
in subsection (a) shall not apply to a person that has a valid
license to operate in Russia issued by the Office of Foreign Assets
Control of the Department of the Treasury or is otherwise
authorized to operate in Russia by the Federal Government
notwithstanding the imposition of sanctions.
(4) American diplomatic mission in russia.--The prohibition in
subsection (a) shall not apply to contracts related to the
operation and maintenance of the United States Government's
consular offices and diplomatic posts in Russia.
(c) Applicability.--This section shall take effect on the date of
the enactment of this Act and apply with respect to any contract
entered into on or after such effective date.
(d) Sunset.--This section shall terminate on December 31, 2029.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Oversight and Accountability, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Armed Services, and the Committee on
Foreign Relations of the Senate.
(2) Business operations.--
(A) In general.--The term ``business operations'' means
engaging in commerce in any form, including acquiring,
developing, maintaining, owning, selling, possessing, leasing,
or operating equipment, facilities, personnel, products,
services, personal property, real property, or any other
apparatus of business or commerce.
(B) Exceptions.--The term ``business operations'' does not
include--
(i) any shipment subject to price caps as specified in
the ``Statement of the G7 and Australia on a Price Cap for
Seaborne Russian-Origin Crude Oil'', issued on December 2,
2022, between member countries of that coalition, or the
price caps as specified in the ``Statement of the G7 and
Australia on price caps for seaborne Russian-origin
petroleum products Berlin, Brussels, Canberra, London,
Ottawa, Paris, Rome, Tokyo, Washington'', issued on
February 4, 2023, between such members, if such shipment
complies with the applicable price caps;
(ii) actions taken for the benefit of the country of
Ukraine, as determined by the Secretary of Defense; or
(iii) actions taken to support the suspension or
termination of business operations for commercial
activities during the period beginning on the date of the
enactment of this Act and ending on the date described in
subsection (d), including--
(I) any action to secure or divest from facilities,
property, or equipment;
(II) the provision of products or services provided
to reduce or eliminate operations in territory
internationally recognized as the Russian Federation or
to comply with sanctions relating to the Russian
Federation; and
(III) activities that are incident to liquidating,
dissolving, or winding down a subsidiary or legal
entity in Russia.
(3) Fossil fuel company.--The term ``fossil fuel company''
means a person that--
(A) carries out oil, gas, or coal exploration, development,
or production activities;
(B) processes or refines oil, gas, or coal; or
(C) transports, or constructs facilities for the
transportation of, Russian oil, gas, or coal.
(4) Person.--The term ``person'' means--
(A) a natural person, corporation, company, business
association, partnership, society, trust, or any other
nongovernmental entity, organization, or group;
(B) any governmental entity or instrumentality of a
government, including a multilateral development institution
(as defined in section 1701(c)(3) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
(C) any successor, subunit, parent entity, or subsidiary
of, or any entity under common ownership or control with, any
entity described in subparagraph (A) or (B).
SEC. 805. PROHIBITION OF THE DEPARTMENT OF DEFENSE PROCUREMENT
RELATED TO ENTITIES IDENTIFIED AS CHINESE MILITARY COMPANIES
OPERATING IN THE UNITED STATES.
(a) Prohibition on Use or Procurement.--
(1) In general.--Except as provided under subsection (d), the
Secretary may not--
(A) enter into, renew, or extend a contract for the
procurement of goods, services, or technology with an entity
described in paragraph (2); or
(B) enter into, renew, or extend a contract for the
procurement of goods or services that include goods or services
produced or developed by an entity described in paragraph (2).
(2) Entities described.--An entity described in this paragraph
is--
(A) an entity that is identified in the annual list
published in the Federal Register by the Department of Defense
of Chinese military companies operating in the United States
pursuant to section 1260H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (10
U.S.C. 113 note); or
(B) any entity subject to the control of an entity
described in subparagraph (A).
(3) Limitation on applicability.--
(A) In general.--Nothing in paragraph (1) shall prohibit
the Secretary from entering into, renewing, or extending a
contract for the procurement of goods, services, or technology
to provide a service that connects to the facilities of a third
party, including backhaul, roaming, or interconnection
arrangements.
(B) Existing contracts.--Nothing in this section shall
permit the Secretary to apply the prohibitions in paragraph (1)
to existing contracts for goods, services, or technology,
including when such contracts are modified, extended, or
renewed, entered into prior to the relevant date described in
subsection (b).
(C) Components.--Paragraph (1) shall not apply with respect
to components (as defined in section 105 of title 41, United
States Code).
(4) Rulemaking.--
(A) Entity prohibition.--Not later than one year after the
date of the enactment of this Act, the Secretary shall amend
the Defense Federal Acquisition Regulation Supplement to
implement the prohibitions in paragraph (1)(A) for the
Department of Defense.
(B) Goods and services prohibition.--Not later than 545
days after the date of the enactment of this Act, the Secretary
shall amend the Defense Federal Acquisition Regulation
Supplement to implement the prohibitions in paragraph (1)(B)
for the Department of Defense, including--
(i) best practices to avoid being subject to the
prohibitions described in paragraph (1)(B); and
(ii) technical support to assist affected businesses,
institutions, and organizations as is reasonably necessary
for those affected entities to comply with this section.
(b) Effective Dates.--The prohibition under subsection (a)(1)(A)
shall take effect on June 30, 2026, and the prohibition under
subsection (a)(1)(B) shall take effect on June 30, 2027.
(c) Waiver Authority.--
(1) In general.--The Secretary may waive the requirements under
subsection (a) with respect to an entity that requests such a
waiver if the entity seeking the waiver--
(A) provides to the Secretary a compelling justification
for the additional time to implement the requirements under
such subsection, as determined by the Secretary of Defense; and
(B) provides to the Secretary a phase-out plan to eliminate
goods, services, or technology produced or developed by an
entity described in subsection (a)(2) from the systems of the
entity.
(2) Duration.--A waiver granted under paragraph (1) may remain
in effect until the date on which the Secretary determines that
commercially viable providers exist outside of the People's
Republic of China that can and are willing to provide the
Department of Defense with quality goods and services in the
quantity demanded.
(3) Delegation.--The Secretary may designate the authority
under this section only to--
(A) the service acquisition executive of the military
department (as such terms are defined in section 101(a) of
title 10, United States Code) concerned; or
(B) the official responsible for all acquisition functions
of such other element or organization of the Department of
Defense concerned.
(d) Exception.--The President shall not be required to apply or
maintain the prohibition under subsection (a) for activities subject to
the reporting requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence
activities of the United States.
(e) Definitions.--In this section:
(1) Control.--The term ``control'' has the meaning given that
term in part 800.208 of title 31, Code of Federal Regulations, or
any successor regulations.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Defense.
SEC. 806. PRINCIPAL TECHNOLOGY TRANSITION ADVISOR.
(a) Designation.--Not later than one year after the date of the
enactment of this Act, each service acquisition executive of a military
department shall designate a Principal Technology Transition Advisor
who shall advise each Secretary of a military department on the
transition of technologies, including technologies from science and
technology programs of the Department, private commercial entities,
research institutions, and universities, to fulfill identified and
potential warfighter requirements for the military department.
(b) Advisor Status.--The Principal Technology Transition Advisor of
a military department designated under subsection (a) shall be a member
of the Senior Executive Service or a general officer and directly
report to the service acquisition executive of such military
department.
(c) Responsibilities.--The Principal Technology Transition Advisor
of a military department designated under subsection (a) shall do the
following:
(1) Identify technologies being researched, developed, tested,
or evaluated by science and technology programs of the Department,
including Defense research facilities (as defined in section
4125(b) of title 10, United States Code), that the military
department may use to meet identified and potential warfighter
requirements, including technologies for which the Department owns
and maintains the intellectual property rights.
(2) Consult with Department of Defense innovation programs to
identify technologies from private commercial entities, research
institutions, universities, and other entities that the military
department may use to meet identified and potential warfighter
requirements.
(3) Make recommendations to the service acquisition executive
of the military department regarding the acquisition of
technologies identified under paragraphs (1) and (2) for
acquisition decisions at the service acquisition executive level.
(4) Inform program managers (as defined in section 1737 of
title 10, United States Code) and other relevant acquisition
officials of the military department of relevant technologies
identified under paragraphs (1) and (2).
(5) Develop policies and processes for promoting to small
business concerns (as defined under section 3 of the Small Business
Act (15 U.S.C. 632)) and nontraditional defense contractors (as
defined in section 3014 of title 10, United States Code)
opportunities to license intellectual property developed by the
Department, including opportunities and methods for small business
concerns and nontraditional defense contractors to engage with the
Department regarding such licensing.
(6) Develop and maintain metrics tracking the outcomes of
projects and other activities of the military department for which
the military department expended amounts designated as budget
activity 3 (Advanced Technology Development), budget activity 4
(Advanced Component Development and Prototypes), and budget
activity 5 (System Development and Demonstration), as those budget
activity classifications are set forth in volume 2B, chapter 5 of
the Department of Defense Financial Management Regulation (DOD
7000.14-R).
(d) Congressional Report.--Not later than one year after the
designation of the Principal Technology Transition Advisor of a
military department under subsection (a), and annually thereafter, the
Principal Technology Transition Advisor of such military department
shall submit to Congress a report on the following for the one-year
period preceding the submission of the report:
(1) The activities of the Principal Technology Transition
Advisor.
(2) The outcomes of projects and other activities described in
subsection (c)(6), including the metrics described in such
subsection.
(e) Definitions.--In this section--
(1) the term ``Department'' means the Department of Defense;
(2) the term ``Department of Defense innovation programs''
means the Defense Innovation Unit of the Department of Defense,
AFWERX of the Air Force, and other programs sponsored by the
Department of Defense, or any component thereof, with a focus on
accelerating the adoption of emerging technologies for mission-
relevant applications or innovation; and
(3) the terms ``military department'' and ``service acquisition
executive'' have the meanings given such terms in section 101(a) of
title 10, United States Code.
SEC. 807. SENIOR CONTRACTING OFFICIAL FOR STRATEGIC CAPABILITIES
OFFICE.
(a) Senior Contracting Official.--The staff of the Director of the
Strategic Capabilities Office shall include a senior contracting
official (as defined in section 1737 of title 10, United States Code)
who shall have the authority to enter into and administer contracts,
grants, cooperative agreements, and other transactions in execution of
the program activities of the Strategic Capabilities Office.
(b) Effective Date; Implementation Plan.--
(1) Effective date.--The authorities described in subsection
(a) shall take effect 30 days after the date on which the Secretary
of Defense submits the plan described in paragraph (2).
(2) Plan.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan for the implementation of
the authorities described in subsection (a). The plan shall include
the following:
(A) A plan for oversight of the senior contracting official
described under subsection (a).
(B) An assessment of the acquisition workforce needs of the
Strategic Capabilities Office to support the authority provided
under subsection (a).
(C) Other matters as appropriate.
SEC. 808. PILOT PROGRAM FOR THE USE OF INNOVATIVE INTELLECTUAL
PROPERTY STRATEGIES.
(a) Establishment.--The Secretary of Defense shall establish a
pilot program for the use of innovative intellectual property
strategies that meet the criteria described in subsection (b) to
acquire the necessary technical data rights required for the operation,
maintenance, and installation of, and training for, covered programs
designated under subsection (c).
(b) Criteria for Strategies.--The innovative intellectual property
strategies used in a pilot program established under this section may
include the following:
(1) The use of an escrow account to verify and hold
intellectual property data.
(2) The use of royalties or licenses.
(3) Other strategies, as determined by the Secretary.
(c) Designation of Covered Programs.--Not later than May 1, 2024,
and with respect to the pilot program established under this section--
(1) the Secretary of each military department shall designate
one covered program within the military department under the
jurisdiction of such Secretary; and
(2) the Under Secretary of Defense for Acquisition and
Sustainment shall designate one covered program within the Defense
Agencies or Department of Defense Field Activities (as defined,
respectively, in section 101 of title 10, United States Code).
(d) Briefing Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Secretaries of
the military departments, shall provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives with a
detailed plan to implement the pilot program required under this
section.
(e) Annual Report.--Beginning on the date on which the first
program is designated under subsection (c) and until the termination
date in subsection (f), the Under Secretary of Defense for Acquisition
and Sustainment, in coordination with the Secretaries of the military
departments, shall provide an annual report to the Committees on Armed
Services of the Senate and the House of Representatives on--
(1) the effectiveness of the pilot program in acquiring the
necessary technical data rights necessary to support timely, cost-
effective maintenance and sustainment of the acquisition programs
designated under subsection (c); and
(2) any recommendations for the applicability of lessons
learned from the pilot program.
(f) Termination.--The authority to carry out the pilot program
established under this section shall terminate on December 31, 2028.
(g) Definitions.--In this section:
(1) The term ``covered program'' means an acquisition program
under which procurements are conducted using a pathway of the
adaptive acquisition framework (as described in Department of
Defense Instruction 5000.02, ``Operation of the Adaptive
Acquisition Framework'').
(2) The term ``technical data rights'' has the meaning given in
section 3771 of title 10, United States Code.
SEC. 809. PILOT PROGRAM FOR ANYTHING-AS-A-SERVICE.
(a) In General.--The Secretary of Defense shall establish a pilot
program to explore the use of consumption-based solutions to address
any defense need, hereafter ``anything-as-a-service'', that is feasible
to provide users on-demand access, quickly add newly released
capabilities, and bill based on actual usage at fixed price units.
(b) Requirements.--A contract or other agreement for anything-as-a-
service entered into under the pilot program shall require the outcomes
of the capability to be measurable, including the cost and speed of
delivery in comparison to using processes other than anything-as-a-
service, at the regular intervals that are customary for the type of
solution provided.
(c) Notice.--With respect to each opportunity to participate in the
pilot program established under subsection (a), the Secretary shall
make publicly available a notice of such opportunity for not less than
60 days.
(d) Timing.--The Secretary shall, to the extent practicable, enter
into a contract or other agreement under this section not later than
100 days after the date on which the Secretary, under subsection (c),
makes publicly available a notice to participate in the pilot program
established under this section.
(e) Exemptions.--A contract or other agreement entered into under
this section shall be exempt from the following:
(1) The requirements of section 3702 of title 10, United States
Code.
(2) With respect to a modification to add new features or
capabilities in an amount less than or equal to 25 percent of the
total value of such contract or other agreement, the requirements
of full and open competition (as defined in section 2302 of title
10, United States Code).
(f) Briefing.--Not later than June 30, 2024, the Secretary of
Defense shall provide a briefing to the congressional defense
committees on the implementation of the pilot program.
(g) Anything-as-a-service Defined.--In this section, the term
``anything-as-a-service'' means a model under which a technology-
supported capability is provided to the Department of Defense and may
utilize any combination of software, hardware or equipment, data, and
labor or services that provides a capability that is metered and billed
based on actual usage at fixed price units.
SEC. 810. UPDATED GUIDANCE ON PLANNING FOR EXPORTABILITY FEATURES
FOR FUTURE PROGRAMS.
(a) Program Guidance on Planning for Exportability Features.--Not
later than one year after the date of the enactment of this Act, the
Under Secretary of Defense for Acquisition and Sustainment shall ensure
that the program guidance for major defense acquisition programs (as
defined in section 4201 of title 10, United States Code) and for
acquisition programs and projects that are carried out using the rapid
fielding or rapid prototyping acquisition pathway under section 804 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 10 U.S.C. 3201 note prec.) is revised to integrate planning for
exportability features under section 4067 of title 10, United States
Code, including--
(1) for major defense acquisition programs, an assessment of
such programs to identify potential exportability needs; and
(2) for technologies under an acquisition program or project
carried out using the rapid fielding or rapid prototyping
acquisition pathway that are transitioned to a major capability
acquisition program, an assessment of potential exportability needs
of such technologies not later than one year after the date of such
transition.
(b) Revision of Guidance for Program Protection Plans.--Not later
than three years after the date of the enactment of this Act, the Under
Secretary shall revise guidance for program protection plans to
integrate a requirement to determine exportability for the programs
covered by such plans.
SEC. 811. MODERNIZING THE DEPARTMENT OF DEFENSE REQUIREMENTS
PROCESS.
(a) Modernizing the Department of Defense Requirements Process.--
Not later than October 1, 2025, the Secretary of Defense, acting
through the Vice Chairman of the Joint Chiefs of Staff, in coordination
with the Secretaries of the military departments and the commanders of
the combatant commands, and in consultation with the Under Secretary of
Defense for Acquisition and Sustainment, shall develop and implement a
streamlined requirements development process for the Department of
Defense, to include revising the Joint Capabilities Integration and
Development System, in order to improve alignment between modern
warfare concepts, technologies, and system development and reduce the
time to deliver needed capabilities to warfighters.
(b) Reform Elements.--The process required by subsection (a)
shall--
(1) streamline requirements documents, reviews, and approval
processes, focusing on programs below the major defense acquisition
program threshold described in section 4201 of title 10, United
States Code;
(2) revise requirements management practices using a clean-
sheet approach that avoids prescriptive language, is based on
mission outcomes and assessed threats, enables a more iterative and
collaborative approach with the Armed Forces, maximizes the use of
commercial products or commercial services in accordance with
section 3453 of title 10, United States Code, and allows for a
broader range of new or alternative technological opportunities to
be incorporated without the requirement being validated again;
(3) develop a capability needs and requirements framework and
pathways that are aligned to the pathways of the adaptive
acquisition framework (as described in Department of Defense
Instruction 5000.02, ``Operation of the Adaptive Acquisition
Framework''), and better aligned and integrated with the science
and technology development processes of the Department;
(4) provide continuity to the acquisition and research programs
of the military departments by enabling the military departments to
develop, with respect to collections of capabilities grouped by
function by the Department of Defense, sets of requirements that
are designed to remain applicable to programs and systems relating
to such capabilities over substantial periods of time;
(5) require the military departments to--
(A) articulate in a concise model and document with a set
of mission impact measures the sets of requirements developed
under paragraph (4); and
(B) seek to continuously improve the capabilities subject
to such sets of requirements the acquisition of additional
capabilities;
(6) establish a process to rapidly validate the ability of
commercial products and services to meet capability needs or
opportunities;
(7) retire and replace the Department of Defense Architecture
Framework with a new structure focused on enabling interoperability
through application program interfaces, enterprise architectures
and platforms, and government and commercial standards; and
(8) ensure that requirements processes for software, artificial
intelligence, data, and related capability areas enable a more
rapid, dynamic, and iterative approach than the requirements
processes for traditional hardware systems.
(c) Elements.--With respect to the implementation of the process
required by subsection (a), the Vice Chairman of the Joint Chiefs of
Staff shall--
(1) collaborate with industry partners, contractors of the
Department and nontraditional defense contractors (as defined in
section 3014 of title 10, United States Code), and Department of
Defense science and technology reinvention laboratories (as
designated under section 4121(b) of title 10, United States Code)
regarding the development of the streamlined requirements
development process under subsection (a) to ensure such process
effectively uses the innovation ecosystem (as defined in section
236(g) of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023 (10 U.S.C. 4001 note));
(2) develop a formal career path, training, and structure for
requirements managers; and
(3) publish new policies, guidance, and templates for the
operational, requirements, and acquisition workforces online in
digital formats.
(d) Interim Report.--Not later than October 1, 2024, the Secretary
of Defense shall submit to the congressional defense committees a
report on the development and implementation of the process required by
subsection (a), including--
(1) a description of the efforts to develop and implement the
streamlined requirements development process under subsection (a);
(2) the plans of the Department of Defense to implement,
communicate, and continuously improve the requirements development
process required by subsection (a); and
(3) any additional recommendations for legislation that the
Secretary determines appropriate.
(e) Final Report.--Not later than October 1, 2025, the Secretary of
Defense shall submit to the congressional defense committees a report
describing activities carried out pursuant to this section.
SEC. 812. PREVENTING CONFLICTS OF INTEREST FOR ENTITIES THAT
PROVIDE CERTAIN CONSULTING SERVICES TO THE DEPARTMENT OF DEFENSE.
(a) In General.--
(1) Certification.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall amend the
Department of Defense Supplement to the Federal Acquisition
Regulation to require any entity that provides consulting services
and is assigned a North American Industry Classification System
code beginning with 5416, after the effective date of such
amendment and before entering into a covered contract, to certify
that--
(A) neither the entity nor any subsidiaries or affiliates
of the entity (as that term is defined in section 2.101 of the
Federal Acquisition Regulation) hold a contract for consulting
services with one or more covered foreign entities; or
(B) the entity maintains a Conflict of Interest Mitigation
plan described under subsection (b) that is auditable by a
contract oversight entity.
(2) Prohibition.--The Secretary of Defense may not enter into a
covered contract with an entity described in paragraph (1) that is
unable to make the certification required under such paragraph.
(b) Conflict of Interest Mitigation Plan.--A Conflict of Interest
Mitigation plan described under this subsection shall include--
(1) an identification, where such identification is not
otherwise prohibited by law or regulation, of any covered contracts
of an entity described in subsection (a) with a covered foreign
entity;
(2) a written analysis, including a course of action for
avoiding, neutralizing, or mitigating the actual or potential
conflict of interest of such a covered contract with the Department
of Defense;
(3) a description of the procedures adopted by an entity to
ensure that individuals who will be performing a covered contract
will not, for the duration of such contract, also provide any
consulting services to any covered foreign entity; and
(4) a description of the procedures by which an entity will
submit to the contract oversight entities a notice of an
unmitigated conflict of interest with respect to a covered contract
within 15 days of determining that such a conflict has arisen.
(c) Alternative Identification of Covered Foreign Entities.--If an
entity is unable to identify covered foreign entities under subsection
(b)(1) due to confidentiality obligations, the entity shall identify
any such covered foreign entity as an entity described in subparagraphs
(A) through (F) of subsection (f)(4) in the Conflict of Interest
Mitigation plan.
(d) Notification.--Before determining to withhold an award of a
covered contract based on a conflict of interest under this section
that cannot be avoided or mitigated, the contracting officer for the
contract shall notify the offeror of the reasons for such withholding
and allow the offeror a reasonable opportunity to respond. If the
contracting officer for the contract finds that it is in the best
interests of the United States to award the contract notwithstanding
such a conflict of interest, a request for waiver shall be submitted in
accordance with section 9.503 of title 48, Code of Federal Regulations.
The waiver request and decision shall be included in the contract file.
(e) Waiver.--
(1) Authority.--The Secretary of Defense may issue a waiver
with respect to the requirements of this section for the award of a
covered contract on a case-by-case basis as may be necessary in the
interest of national security. The Secretary of Defense may not
delegate the authority under this subsection to an official who has
not been Presidentially appointed and confirmed by the Senate.
(2) Waiver notification.--Not later than 30 days after issuing
a waiver under this subsection, the Secretary of Defense shall
provide a written notification to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives regarding the use of such waiver authority. The
notification shall include--
(A) the specific justification for providing the waiver;
(B) an identification of the covered foreign entity that is
the subject of the waiver request;
(C) the number of bidders for the covered contract for
which the waiver was granted;
(D) the number of bidders for the covered contract that did
not request a waiver; and
(E) the total dollar value of the covered contract.
(f) Definitions.--In this section:
(1) The term ``consulting services'' has the meaning given the
term ``advisory and assistance services'' in section 2.101 of the
Federal Acquisition Regulation, except that the term does not
include the provision of products or services related to--
(A) compliance with legal, audit, accounting, tax,
reporting, or other requirements of the laws and standards of
countries; or
(B) participation in a judicial, legal, or equitable
dispute resolution proceeding.
(2) The term ``contract oversight entity'' means any of the
following:
(A) The contracting officer.
(B) The contracting officer representative.
(C) The Defense Contract Management Agency.
(D) The Defense Contract Audit Agency.
(E) The Office of Inspector General of the Department of
Defense or any subcomponent of such office.
(F) The Government Accountability Office.
(3) The term ``covered contract'' means a contract of the
Department of Defense for consulting services.
(4) The term ``covered foreign entity'' means any of the
following:
(A) The Government of the People's Republic of China, the
Chinese Communist Party, the People's Liberation Army, the
Ministry of State Security, or other security service or
intelligence agency of the People's Republic of China.
(B) The Government of the Russian Federation or any entity
sanctioned by the Secretary of the Treasury under Executive
Order 13662 titled ``Blocking Property of Additional Persons
Contributing to the Situation in Ukraine'' (79 Fed. Reg.
16169).
(C) The government of any country if the Secretary of State
determines that such government has repeatedly provided support
for acts of international terrorism pursuant to any of the
following:
(i) Section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4318(c)(1)(A)).
(ii) Section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371).
(iii) Section 40 of the Arms Export Control Act (22
U.S.C. 2780).
(iv) Any other provision of law.
(D) Any entity included on any of the following lists
maintained by the Department of Commerce:
(i) The Entity List set forth in Supplement No. 4 to
part 744 of the Export Administration Regulations.
(ii) The Denied Persons List as described in section
764.3(a)(2) of the Export Administration Regulations.
(iii) The Unverified List set forth in Supplement No. 6
to part 744 of the Export Administration Regulations.
(iv) The Military End User List set forth in Supplement
No. 7 to part 744 of the Export Administration Regulations.
(E) Any entity identified by the Secretary of Defense
pursuant to section 1237(b) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 50 U.S.C. 1701 note).
(F) Any entity on the Non-SDN Chinese Military-Industrial
Complex Companies List (NS-CMIC List) maintained by the Office
of Foreign Assets Control of the Department of the Treasury
under Executive Order 14032 (86 Fed. Reg. 30145; relating to
addressing the threat from securities investments that finance
certain companies of the People's Republic of China), or any
successor order.
SEC. 813. FOCUSED COMMERCIAL SOLUTIONS OPENINGS OPPORTUNITIES.
(a) Requirement.--During each fiscal year beginning after the date
of the enactment of this Act, the Secretary of Defense, in coordination
with the service acquisition executives of each military department,
shall exercise the authority under section 3458 of title 10, United
States Code, not less than four times to acquire goods or services
addressing the mission needs of a geographic combatant command.
(b) Execution.--With respect to acquisition carried out under
section 3458 of title 10, United States Code, pursuant to subsection
(a), the Secretary of Defense shall--
(1) assign the responsibility for carrying out such acquisition
to a program executive officer and a head of a science and
technology reinvention laboratory from the same military
department, who shall co-lead such acquisition; and
(2) ensure that the program executive officer and the head of a
science and technology reinvention laboratory assigned as co-leads
under paragraph (1) have similar existing requirements and funding
for transitioning technologies to acquisition programs within the
area of focus for such acquisition.
(c) Sunset.--Subsection (a) shall expire on September 30, 2027.
(d) Definitions.--In this section:
(1) The terms ``military department'' and ``services
acquisition executive'' have the meanings given such terms in
section 101(a) of title 10, United States Code.
(2) The term ``program executive officer'' has the meaning
given such term in section 1737(a) of title 10, United States Code.
(3) The term ``science and technology reinvention laboratory''
means a science and technology reinvention laboratory designated
under section 4121(b) of title 10, United States Code.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 820. AMENDMENTS TO MULTIYEAR PROCUREMENT AUTHORITY.
Section 3501(a)(1) of title 10, United States Code, is amended--
(1) by striking ``will result in significant savings'' and
inserting the following: ``will result in--
``(A) significant savings''; and
(2) by striking ``annual contracts.'' and inserting the
following: ``annual contracts; or
``(B) necessary defense industrial base stability not
otherwise achievable through annual contracts.''.
SEC. 821. MODIFICATION OF APPROVAL AUTHORITY FOR CERTAIN FOLLOW-ON
PRODUCTION CONTRACTS OR TRANSACTIONS.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(2)(C)(i)(I), by inserting after
``subsection (d)'' the following: ``were met for the prior
transaction for the prototype project that provided for the award
of the follow-on production contract or transaction, and the
requirements of subsection (f)''; and
(2) in subsection (d), by adding at the end the following new
paragraph:
``(3) The requirements of this subsection do not apply to
follow-on production contracts or transactions under subsection
(f).''.
SEC. 822. CLARIFICATION OF OTHER TRANSACTION AUTHORITY FOR
INSTALLATION OR FACILITY PROTOTYPING.
(a) In General.--Section 4022(i) of title 10, United States Code,
is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting ``except for projects
carried out for the purpose of repairing a facility,'' before
``not more''; and
(B) in subparagraph (B), by striking ``$200,000,000'' and
inserting ``$300,000,000'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) Use of amounts.--The Secretary of Defense or the
Secretary of a military department may carry out prototype projects
under the pilot program established under paragraph (1) using
amounts available to the Secretary of Defense or the Secretary of a
military department (as applicable) for military construction,
operation and maintenance, or research, development, test, and
evaluation, notwithstanding--
``(A) subchapters I and III of chapter 169 of this title;
and
``(B) chapters 221 and 223 of this title.''.
(b) Applicability.--The amendments made by this section shall apply
with respect to transactions entered into on or after the date of the
enactment of this Act.
SEC. 823. EXTENSION AND REVISIONS TO NEVER CONTRACT WITH THE ENEMY.
(a) In General.--Section 841 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 10 U.S.C. 4871 note prec.) is amended--
(1) by striking the section heading and inserting ``threat
mitigation in commercial support to operations'';
(2) in subsection (a)--
(A) by striking the subsection heading and inserting
``Program Established''; and
(B) in matter preceding paragraph (1), by striking ``and in
consultation with the Secretary of State'' and all that follows
through the period at the end and inserting ``and the Secretary
of State, establish a program to enable commanders of combatant
commands to identify and manage risks resulting from covered
persons and entities engaging in covered activities. The
Secretary of Defense shall issue guidance establishing such
program, including identifying who shall be responsible for
carrying out and overseeing the program, procedures for using
information available from intelligence, security, and law
enforcement sources to identify such risks, and strategies for
managing the risks posed by covered persons and entities
engaging in covered activities.'';
(3) by amending subsection (b) to read as follows:
``(b) Authority.--
``(1) Identification.--
``(A) In general.--Under the program established under
subsection (a), the commander of the combatant command
concerned shall evaluate covered persons and entities within
the area of responsibility of such command to identify such
covered persons and entities that are engaging in covered
activities.
``(B) Notification.--Upon identification of a covered
person or entity who is engaging in covered activities pursuant
to an evaluation under subparagraph (A), the commander of the
combatant command concerned, or the designated deputies of such
commander, shall submit to the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of Defense for
Intelligence and Security, and the Under Secretary of Defense
for Policy a notice of such identification and the rationale
for such identification.
``(2) Covered procurement actions.--The head of a contracting
activity may take a covered procurement action with respect to a
person or entity identified as engaging in a covered activity under
the program established under subsection (a) if such head receives
a notification from the Under Secretary of Defense for Acquisition
and Sustainment stating that, based on a risk assessment conducted
by the commander of a combatant command who made such
identification--
``(A) such person or entity is a covered person or entity;
``(B) such person or entity is or was engaging in one or
more covered activities; and
``(C) less intrusive measures are not reasonably available
to manage the risk posed by such person or entity.'';
(4) by amending subsection (c) to read as follows:
``(c) Notification to Covered Person or Entity.--
``(1) Advance notice.--The head of a contracting activity, or
other appropriate official, shall notify covered persons and
entities of the following:
``(A) The program established under subsection (a).
``(B) The authorities provided by subsection (b).
``(C) The responsibilities of covered persons or entities
to exercise due diligence to mitigate their engagement in
covered activities.
``(2) Notice of covered procurement actions.--
``(A) In general.--Not later than 30 days prior to taking a
covered procurement action, the head of a contracting activity
shall notify the covered person or entity of the covered
procurement action. The covered person or entity shall be
permitted the opportunity to challenge the covered procurement
action by requesting an administrative review of the action
under the procedures of the Department of Defense not later
than 30 days after receipt of notice of the action.
``(B) Limitation on disclosure of information.--The
rationale of the commander of a combatant command that
identified the covered person or entity receiving a notice
under subparagraph (A) as a covered person or entity engaging
in a covered activity under subsection (b)(1) shall not be
disclosed to such covered person or entity, or their
representatives, to the extent that such disclosure would
compromise national security or pose an unacceptable threat to
personnel of the United States or its partners or allies.
``(C) Protection of classified information.--Classified
information relied upon to take a covered procurement action
may not be disclosed to a covered person or entity, or to their
representatives, unless a protective order issued by a court of
competent jurisdiction established under article I or article
III of the Constitution of the United States specifically
addresses the conditions under which such classified
information may be disclosed.'';
(5) by amending subsection (d) to read as follows:
``(d) Covered Procurement Action Reporting.--Not later than 15 days
after the head of a contracting activity takes a covered procurement
action, such head of a contracting activity shall report such covered
procurement action to the Under Secretary of Defense for Acquisition
and Sustainment and include such covered procurement action in the
Federal Awardee Performance and Integrity Information System or other
formal systems of record and, in the case that such cover procurement
action is for the exclusion a person or commercial entity from an
award, the System for Award Management.'';
(6) by amending subsection (e) to read as follows:
``(e) Annual Review.--The Secretary of Defense, in coordination
with the Director of National Intelligence and the Secretary of State,
shall, on an annual basis, review the lists of persons and entities
previously subject to a covered procurement action under subsection
(b)(2) to determine whether or not such persons and entities continue
to warrant use of the covered procurement action.'';
(7) by amending subsection (f) to read as follows:
``(f) Waiver.--The Secretary of Defense, in conjunction with the
Secretary of State, may grant a waiver for actions taken under
subsection (b) if it is in the best interest of national security.'';
(8) by amending subsection (g) to read as follows:
``(g) Delegation of Authority.--The authority provided by
subsection (b) to make a determination to use a covered procurement
action, in whole or in part, may not be delegated below the level of
head of contracting activity, or equivalent official, for purposes of
grants or cooperative agreements.'';
(9) by amending subsection (h) to read as follows:
``(h) Updating Regulations.--The Federal Acquisition Regulation and
the Defense Federal Acquisition Regulation Supplement shall be revised
to implement the provisions of this subtitle.'';
(10) in subsection (i)--
(A) in paragraph (1)--
(i) by striking ``Director of the Office of Management
and Budget'' and inserting ``Secretary of Defense'';
(ii) by striking ``appropriate committees of Congress''
and inserting ``congressional defense committees (as
defined in section 101(a) of title 10, United States
Code)'';
(iii) in subparagraph (A)--
(I) by striking ``an executive agency exercised the
authority to terminate, void, or restrict a contract,
grant, and cooperative agreement pursuant to subsection
(c), based on a notification under subsection (b)'' and
inserting ``a head of contracting activity took a
covered procurement action'';
(II) in clause (i), by striking ``executive
agency'' and inserting ``head of contracting
activity'';
(III) in clause (ii), by striking ``the action
taken'' and inserting ``taking the covered procurement
action'';
(IV) in clause (iii), by striking ``voided or
terminated'' and inserting ``subject to the covered
procurement action''; and
(V) in clause (iv)--
(aa) by striking ``of the executive agency in
force'' and inserting ``the Department of Defense
has''; and
(bb) by striking ``at the time the contract,
grant, or cooperative agreement was terminated or
voided'' and inserting ``at the time of taking the
covered procurement action''; and
(iv) in subparagraph (B)--
(I) by striking ``an executive agency did not
exercise the authority to terminate, void, or restrict
a contract, grant, and cooperative agreement pursuant
to subsection (c), based on a notification'' and
inserting ``a head of contracting activity did not take
a covered procurement action following an
identification from a combatant commander'';
(II) in clause (i), by striking ``executive
agency'' and inserting ``head of contracting
activity''; and
(III) in clause (ii), by inserting ``covered
procurement'' before ``action''; and
(B) in paragraph (2), by striking ``Director'' and
inserting ``Secretary of Defense'';
(11) by striking subsections (j) and (m) and redesignating
subsections (k), (l), and (n) as subsections (j), (k), and (l),
respectively;
(12) in subsection (k), as redesignated by paragraph (11), by
striking ``Except as provided in subsection (m), the'' and
inserting ``The''; and
(13) in subsection (l), as so redesignated, by striking
``December 31, 2025'' and inserting ``December 31, 2033''.
(b) Access to Records.--Section 842 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
is amended by striking subsections (a) through (c) and inserting the
following:
``(a) Additional Access to Records.--The Secretary of Defense may
examine any records of persons or entities that have existing contracts
with, or are active recipients of a grant or cooperative agreement
from, the Department of Defense, including any subcontractors or
subgrantees, to the extent necessary to support the program established
under section 841 of this Act.
``(b) Limitation.--The examination authorized under subsection (a)
may only take place after a written determination is made by the
contracting officer, based on a finding from the combatant commander,
stating that this examination will support the program established
under such section 841 and that less intrusive measures are not
reasonably available to manage the risk.''.
(c) Definitions.--Section 843 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
is amended--
(1) by striking paragraphs (1), (2), (3), (7), and (9) and
redesignating paragraphs (5), (6), and (8) as paragraphs (2), (3),
and (7);
(2) before paragraph (2), as so redesignated, by inserting the
following new paragraph:
``(1) Covered activities.--The term `covered activities' means
activities where a covered person or entity is--
``(A) engaging in acts of violence against personnel of the
United States or its partners and allies;
``(B) providing financing, logistics, training, or
intelligence to a person described in subparagraph (A);
``(C) engaging in foreign intelligence activities against
the United States or its partners and allies;
``(D) engaging in transnational organized crime or criminal
activities; or
``(E) engaging in other activities that present a direct or
indirect risk to United States or partner and allied missions
and forces.'';
(3) in paragraph (2), as so redesignated, by striking ``with an
estimated value in excess of $50,000 that is performed outside the
United States, including its possessions and territories, in
support'' and all that follows through the period at the end and
inserting ``that is performed outside the United States, including
its possessions and territories.'';
(4) by amending paragraph (3), as so redesignated, to read as
follows:
``(3) Covered person or entity.--The term `covered person or
entity' means any person, corporation, company, limited liability
company, limited partnership, business trust, business association,
or other similar entity outside of the United States or any foreign
reporting company in accordance with section 5336(a)(11)(A)(ii) of
title 31, United States Code, that is responding to a covered
solicitation or performing work on a covered contract, grant, or
cooperative agreement.''; and
(5) by inserting after paragraph (4) the following new
paragraphs:
``(5) Covered procurement action.--The term `covered
procurement action' means an action taken by a head of contracting
activity to--
``(A) exclude a person or commercial entity from an award
with or without an existing contract, grant, or cooperative
agreement;
``(B) terminate a contract, grant, or cooperative agreement
for default; or
``(C) void, in whole or in part, a contract, grant, or
cooperative agreement.
``(6) Covered solicitation.--The term `covered solicitation'
means any solicitation by the Department of Defense for work for
which the place of performance is outside of the United States.''.
(d) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of the enactment of this Act, and shall
apply to covered solicitations issued and covered contracts, grants, or
cooperative agreements (as that term is defined in section 843 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015, as amended by subsection (c)), awarded on or
after such date, and to task and delivery orders that have been issued
on or after such date pursuant to covered contracts, grants, or
cooperative agreements that are awarded before, on, or after such date.
SEC. 824. MODIFICATION AND EXTENSION OF TEMPORARY AUTHORITY TO
MODIFY CERTAIN CONTRACTS AND OPTIONS BASED ON THE IMPACTS OF
INFLATION.
The first section of Public Law 85-804 (50 U.S.C. 1431) is
amended--
(1) in subsection (b), by adding at the end the following new
sentence: ``If any such amounts are so specifically provided, the
Secretary may use them for such purposes.''; and
(2) in subsection (e), by striking ``December 31, 2023'' and
inserting ``December 31, 2024''.
SEC. 825. COUNTERING ADVERSARY LOGISTICS INFORMATION TECHNOLOGIES.
(a) Countering the Spread of Covered Logistics Platforms.--
(1) Contracting prohibition.--
(A) In general.--The Secretary of Defense may not enter
into a contract with an entity that provides data to covered
logistics platforms.
(B) Applicability.--This paragraph shall apply with respect
to any contract entered into on or after the date that is 180
days after the date of the enactment of this subsection.
(2) Waiver.--The Secretary of Defense may waive the provisions
of this subsection for a specific contract if the Secretary--
(A) makes a determination that such waiver is vital to the
national security of the United States; and
(B) submits to Congress a report justifying the use of such
waiver and the importance of such waiver to the national
security of the United States.
(3) Report.--Not later than one year after the date of the
enactment of this subsection, and annually for three subsequent
years, the Secretary of Defense shall submit to Congress a report
on the implementation of this subsection.
(b) Policy With Respect to Ports Accepting Federal Grant Money.--
(1) In general.--Chapter 503 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 50309. Securing logistics information data of the United States
``(a) In General.--
``(1) Prohibition.--A covered entity shall not use a covered
logistics platform.
``(2) Eligibility.--A covered entity that is found to use a
covered logistics platform shall not be eligible to receive any
Federal grant funding as long as the covered entity uses a covered
logistics platform.
``(b) Guidance.--The Secretary of Transportation shall--
``(1) notify covered entities of the prohibition in subsection
(a) as soon as practicable, including notice of funding
opportunities for grant programs; and
``(2) publish on a website of the Department of Transportation,
and update regularly, a list of covered logistics platforms subject
to the prohibition in subsection (a).
``(c) Consultation.--In carrying out this section, the Secretary
shall consult with--
``(1) the Secretary of Defense;
``(2) the Secretary of the Department in which the Coast Guard
is operating;
``(3) the Secretary of State; and
``(4) the Secretary of Commerce.
``(d) Waiver.--The Secretary of Transportation, in consultation
with the Secretary of Defense, may waive the provisions of this section
for a specific contract if the Secretary of Transportation--
``(1) makes a determination that such waiver is vital to the
national security of the United States; and
``(2) submits to Congress a report justifying the use of such
waiver and the importance of such waiver to the national security
of the United States.
``(e) Definitions.--In this section:
``(1) Covered logistics platform.--The term `covered logistics
platform' means a data exchange platform that utilizes or provides,
in part or whole--
``(A) the national transportation logistics public
information platform (commonly referred to as `LOGINK')
provided by the People's Republic of China, or departments,
ministries, centers, agencies, or instrumentalities of the
Government of the People's Republic of China;
``(B) any national transportation logistics information
platform provided by or sponsored by the People's Republic of
China, or a controlled commercial entity; or
``(C) a similar system provided by Chinese state-affiliated
entities.
``(2) Covered entity.--The term `covered entity' means--
``(A) a port authority that receives funding after the date
of the enactment of this section under--
``(i) the port infrastructure development program under
section 54301;
``(ii) the maritime transportation system emergency
relief program under section 50308; or
``(iii) any Federal grant funding program;
``(B) any marine terminal operator located on property
owned by a port authority as described in subparagraph (A) or
at a seaport described in subparagraph (D);
``(C) any agency or instrumentality of the United States
Government or that of a State; or
``(D) a commercial strategic seaport within the National
Port Readiness Network.''.
(2) Clerical amendment.--The analysis for chapter 503 of title
46, United States Code, is amended by adding at the end the
following new item:
``50309. Securing logistics information data of the United States.''.
(3) Applicability.--Section 50309 of title 46, United States
Code, as added by paragraph (1), shall apply with respect to any
contract entered into on or after the date that is 180 days after
the date of the enactment of this subsection.
(4) Reporting.--Not later than one year after the date of the
enactment of this subsection, and annually for three subsequent
years, the Secretary of Transportation shall submit to Congress a
report on the implementation of section 50309 of title 46, United
States Code, as added by paragraph (1).
(c) Negotiations With Allies and Partners.--
(1) Negotiations required.--The Secretary of State shall seek
to enter into negotiations with United States ally and partner
countries, including those described in paragraph (3), if the
President determines that ports or other entities operating within
the jurisdiction of such ally or partner countries are using or are
considering using a covered logistics platform.
(2) Elements.--As part of the negotiations described in
paragraph (1), the President shall--
(A) urge governments of such ally and partner countries to
require entities within the jurisdiction of such governments to
terminate the use of a covered logistics platform;
(B) describe the threats posed by a covered logistics
platform to United States military and strategic interests and
the implications such threats may have for the presence of
members of the Armed Forces of the United States in such
countries;
(C) urge governments to use their voice, influence, and
vote to align with the United States and to counter attempts by
foreign adversaries at international standards-setting bodies
to adopt standards that incorporate a covered logistics
platform; and
(D) attempt to establish, through multilateral entities,
bilateral or multilateral negotiations, military cooperation,
and other relevant engagements or agreements, a prohibition on
the use of a covered logistics platform.
(3) Allies and partners described.--The countries and entities
with which the President shall conduct negotiations described in
this subsection shall include--
(A) all countries party to a collective defense treaty or
other collective defense arrangement with the United States;
(B) India; and
(C) Taiwan.
(4) Report.--Not later than one year after the date of the
enactment of this subsection, the Secretary of State shall submit a
report to the appropriate congressional committees describing--
(A) the efforts made by the United States Government as of
the date of the submission of the report in the negotiations
described in this subsection; and
(B) the actions taken by the governments of ally and
partner countries pursuant to the negotiation priorities
described in this subsection.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Armed Services, Foreign Affairs, and
Transportation and Infrastructure of the House of
Representatives; and
(B) the Committees on Armed Services, Foreign Relations,
and Commerce, Science, and Transportation of the Senate.
(2) Covered logistics platform.--The term ``covered logistics
platform'' has the meaning given in section 50309 of title 46,
United States Code, as added by this section.
(3) Foreign adversary.--The term ``foreign adversary'' means--
(A) the People's Republic of China, including the Hong Kong
and Macau Special Administrative Regions;
(B) the Republic of Cuba;
(C) the Islamic Republic of Iran;
(D) the Democratic People's Republic of Korea;
(E) the Russian Federation; and
(F) the Bolivarian Republic of Venezuela under the regime
of Nicolas Maduro Moros.
SEC. 826. MODIFICATION OF CONTRACTS AND OPTIONS TO PROVIDE ECONOMIC
PRICE ADJUSTMENTS.
(a) Authority.--Amounts authorized to be appropriated by this Act
for the Department of Defense may be used to modify the terms and
conditions of a contract or option to provide an economic price
adjustment consistent with sections 16.203-1 and 16.203-2 of the
Federal Acquisition Regulation during the relevant period of
performance for that contract or option and as specified in section
16.203-3 of the Federal Acquisition Regulation, to the extent and in
such amounts as specifically provided in advance in appropriations Acts
for the purposes of this section.
(b) Guidance.--Not later than 30 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall issue guidance implementing the authority under
this section.
SEC. 827. MODIFICATIONS TO EARNED VALUE MANAGEMENT SYSTEM
REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Department of Defense Supplement to the
Federal Acquisition Regulation shall be revised to--
(1) exempt all software contracts and subcontracts of the
Department of Defense from earned value management system
requirements;
(2) impose earned value management system requirements for cost
contracts or incentive contracts with a value greater than or equal
to $20,000,000 and less than $50,000,000; and
(3) require a defense contractor to use an earned value
management system for contracts awarded with a value greater than
or equal to $50,000,000 and less than $100,000,000.
(b) Implementation.--If the Department of Defense Supplement to the
Federal Acquisition Regulation is not revised as described in
subsection (a) before the deadline specified in such subsection, the
Under Secretary of Defense for Acquisition and Sustainment shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the timeline for such revisions.
Subtitle C--Domestic Sourcing Requirements
SEC. 831. EMERGENCY ACQUISITION AUTHORITY FOR PURPOSES OF
REPLENISHING UNITED STATES STOCKPILES.
Section 3601(a)(1) of title 10, United States Code, is amended--
(1) in subparagraph (A)(iv), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) with respect to an armed attack by a country of
concern (as defined in section 1(m) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)), to which
the United States is not a party, for purposes of--
``(i) replenishing United States stockpiles of defense
articles when such stockpiles are diminished as a result of
the United States providing defense articles in response to
such armed attack by a country of concern against--
``(I) a United States ally (as that term is defined
in section 201(d) of the Act of December 2, 1942,
titled `To provide benefits for the injury, disability,
death, or enemy detention of employees of contractors
with the United States, and for other purposes' (56
Stat. 1028, chapter 668; 42 U.S.C. 1711(d))); or
``(II) a United States partner; or
``(ii) contracting for the movement or delivery of
defense articles transferred to such ally or partner
through the President's drawdown authorities under sections
506(a)(1) and 614 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318(a)(1) and 2364) in connection with such
response.''.
SEC. 832. REQUIREMENT FOR FULL DOMESTIC PRODUCTION OF FLAGS OF THE
UNITED STATES ACQUIRED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 4862 of title 10, United States Code, is
amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
``(5) A flag of the United States.''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``Subsection (a)'' and
inserting ``Except with respect to purchases of flags of the
United States, subsection (a)'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2)(A)(i) Except as provided by subparagraph (B), subsection
(a) does not apply to purchases of flags of the United States for
amounts not greater than $10,000.
``(ii) A proposed procurement in an amount greater than
$10,000 may not be divided into several purchases or contracts
for lesser amounts in order to qualify for the exception under
clause (i).
``(B) The Secretary of Defense may waive subsection (a) with
respect to a purchase of flags of the United States in an amount
greater than $10,000 if the Secretary of Defense determines such
waiver appropriate.
``(C) This section is applicable to contracts and subcontracts
for the procurement of flags of the United States.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply only with respect to agreements entered into on or after the date
of the enactment of this Act.
SEC. 833. AMENDMENT TO REQUIREMENT TO BUY CERTAIN METALS FROM
AMERICAN SOURCES.
(a) In General.--Section 4863 of title 10, United States Code, is
amended--
(1) in subsection (d)--
(A) in paragraph (1)(B), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) any specialty metal procured as mill product or
incorporated into a component other than an end item pursuant to
this subsection shall be melted or produced--
``(A) in the United States;
``(B) in the country from which the mill product or
component is procured; or
``(C) in another country covered under subparagraph
(1)(B).'';
(2) by redesignating subsections (l) and (m) as subsections (m)
and (n), respectively; and
(3) by inserting after subsection (k) the following new
subsection:
``(l) Provenance of Aerospace-grade Metals.--(1) The Secretary of
Defense shall require that, for any system or component for which the
provenance of materials must be tracked to comply with safety
regulations concerning flight, the supplier of such system or component
shall inform the government if any of the materials were known to be
manufactured or processed in--
``(A) China;
``(B) Iran;
``(C) North Korea; or
``(D) Russia.
``(2) Not later than March 31 of each year, the Secretary of
Defense shall submit to the congressional defense committees a report
indicating how much specialty metal has been acquired and placed into
systems of the Department of Defense from the countries described in
paragraph (1).''.
(b) Effective Date.--Subsection (a) shall take effect on the date
that is 24 months after the date of the enactment of this Act.
SEC. 834. ACQUISITION OF SENSITIVE MATERIAL PROHIBITION EXCEPTION
AMENDMENT.
Section 4872(c) of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``Subsection (a)'' and inserting ``Subsection (a)(1)''; and
(2) in paragraph (1)--
(A) by striking ``Defense determines that covered
materials'' and inserting the following: ``Defense--
``(A) identifies a specific end item for which a specific
covered material'';
(B) by striking the period at the end and inserting ``;
and'' ; and
(C) by adding at the end the following new subparagraph:
``(B) waives subsection (a)(1) for such specific end item
and such specific covered material for a period not exceeding
36 months.''.
SEC. 835. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Assessment Required.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report assessing the domestic
source content of procurements carried out in connection with a
major defense acquisition program.
(2) Information repository.--The Secretary of Defense shall
establish an information repository for the collection and analysis
of information related to domestic source content for products the
Secretary deems critical, where such information can be used for
continuous data analysis and program management activities.
(b) Enhanced Domestic Content Requirement.--
(1) In general.--Except as provided in paragraph (2), for
purposes of chapter 83 of title 41, United States Code,
manufactured articles, materials, or supplies procured in
connection with a major defense acquisition program are
manufactured substantially all from articles, materials, or
supplies mined, produced, or manufactured in the United States if
the cost of such component articles, materials, or supplies--
(A) supplied not later than the date of the enactment of
this Act, exceeds 60 percent of cost of the manufactured
articles, materials, or supplies procured;
(B) supplied during the period beginning January 1, 2024,
and ending December 31, 2028, exceeds 65 percent of the cost of
the manufactured articles, materials, or supplies; and
(C) supplied on or after January 1, 2029, exceeds 75
percent of the cost of the manufactured articles, materials, or
supplies.
(2) Exclusion for certain manufactured articles.--Paragraph (1)
shall not apply to manufactured articles that consist wholly or
predominantly of iron, steel, or a combination of iron and steel.
(3) Rulemaking to create a fallback threshold.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
rules to determine the treatment of the lowest price offered
for a foreign end product for which 55 percent or more of the
component articles, materials, or supplies of such foreign end
product are manufactured substantially all from articles,
materials, or supplies mined, produced, or manufactured in the
United States if--
(i) the application of paragraph (1) results in an
unreasonable cost; or
(ii) no offers are submitted to supply manufactured
articles, materials, or supplies manufactured substantially
all from articles, materials, or supplies mined, produced,
or manufactured in the United States.
(B) Termination.--Rules issued under this paragraph shall
cease to have force or effect on January 1, 2031.
(4) Applicability.--The requirements of this subsection--
(A) shall apply to contracts entered into on or after the
date of the enactment of this Act;
(B) shall not apply to articles manufactured in countries
that have executed a reciprocal defense procurement memorandum
of understanding with the United States entered into pursuant
to section 4851 of title 10, United States Code; and
(C) shall not apply to a country that is a member of the
national technology and industrial base (as defined by section
4801 of title 10, United States Code).
(c) Major Defense Acquisition Program Defined.--The term ``major
defense acquisition program'' has the meaning given in section 4201 of
title 10, United States Code.
Subtitle D--Provisions Relating to Programs for Accelerating
Acquisition
SEC. 841. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING
PROCESSES.
Section 890 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(2) by inserting after subsection (a) the following new
subsection:
``(b) Implementation Guidance.--The Secretary, acting through the
Under Secretary of Defense for Acquisition and Sustainment, shall
ensure that each senior contracting official (as defined in section
1737 of title 10, United States Code) for a contract described in
subsection (a) has the discretion to implement the pilot program under
this section efficiently and effectively by ensuring the following:
``(1) That the pilot program does not include any preferences
for contract type or specific contract requirements.
``(2) That each Secretary of a military department has minimal
reporting requirements to the Under Secretary of Defense for
Acquisition and Sustainment with respect to the pilot program.'';
and
(3) in subsection (d), as so redesignated, by striking
``January 2, 2024'' and inserting ``January 2, 2028''.
SEC. 842. DEMONSTRATION AND PROTOTYPING PROGRAM TO ADVANCE
INTERNATIONAL PRODUCT SUPPORT CAPABILITIES IN A CONTESTED
LOGISTICS ENVIRONMENT.
(a) Contested Logistics Demonstration and Prototyping Program
Required.--The Secretary of Defense shall establish a contested
logistics demonstration and prototyping program to identify, develop,
demonstrate, and field capabilities for product support in order to
reduce or mitigate the risks associated with operations in a contested
logistics environment.
(b) Elements.--In carrying out the Program, the Secretary shall do
the following:
(1) Identify ways to capitalize on the inherent
interoperability, commonality, and interchangeability of platforms
and information systems operated by the United States and one or
more covered nations, including to enable effective maintenance and
repair activities in a contested logistics environment.
(2) Determine, develop, or establish best practices to reduce
time needed to return repaired equipment to service, including the
use of--
(A) commercial best practices for rapid supply support; and
(B) common or shared parts pools.
(3) Explore opportunities to expand the ability to preposition
or store materials needed to enable rapid surge capability or to
support operations in a contested logistics environment.
(4) Identify, develop, demonstrate, and field effective and
efficient means of conducting repairs of equipment away from
permanent repair facilities.
(5) Explore flexible approaches to contracting and use of
partnership agreements to enable use or development of the
capabilities of covered product support providers to effectively,
efficiently, and timely satisfy the product support requirements of
a combat commander and any applicable covered nation in a contested
logistics environment.
(6) Identify the resources, including any additional
authorizations, required by the Secretary of Defense to reduce or
mitigate the risks associated with operations in a contested
logistics environment.
(7) Identify and document impediments to the performance of
product support by covered product support providers in a contested
logistics environment, including impediments created by statute,
regulation, policy, agency guidance, or limitations on expenditure,
transfer, or receipt of funds for product support in contested
logistics environments.
(8) Identify and document any statutory or regulatory waivers
or exemptions that may be applicable or necessary to enable the
United States and covered nations to jointly carry out product
support activities in contested logistics environments located
outside of the United States, including, for each such waiver and
exemption--
(A) the person responsible for requesting such waiver or
exemption;
(B) the criteria for approval of such waiver or exemption;
and
(C) the person responsible for approving such waiver or
exemption.
(c) Advance Planning and Preparation.--The Secretary may establish
a product support arrangement, including an agreement for
prepositioning or storage of materials, with a covered product support
provider to enable a rapid response in a contingency operation (as
defined in section 101(a) of title 10, United States Code) to the
product support requirements of such contingency operation.
(d) Authorities.--In carrying out the Program, the Secretary may,
in accordance with section 3 of the Arms Export Control Act (22 U.S.C.
2753), use the authorities under sections 2342, 2474, 3601, 4021, and
4022 of title 10, United States Code.
(e) Report.--Not later than 24 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
summarizing Program activities, including--
(1) any recommendations to reduce impediments to meeting the
requirements of a combatant command or covered nation for product
support in a contested logistics environment;
(2) a summary of impediments identified under subsection (b)(7)
and specific recommendations for necessary changes to statutory,
regulatory, policy, agency guidance, or current limitations on
expenditure, transfer, or receipt of funds to carry out the product
support activities under this pilot indefinitely;
(3) a summary of waivers or exemptions identified under
subsection (b)(8), along with any recommendations for changes to
the processes for obtaining such waivers or exemptions; and
(4) recommendations for improving the Program, including
whether to extend or make the Program permanent.
(f) Development and Promulgation of Department of Defense
Guidance.--Not later than 180 days after the date of the enactment of
this Act, the Secretary shall issue guidance implementing the Program.
(g) Sunset.--The authority under this section shall terminate on
the date that is three years after the date of the enactment of this
Act.
(h) Definitions.--In this section:
(1) Contested logistics environment.--The term ``contested
logistics environment'' has the meaning given such term in section
2926 of title 10, United States Code.
(2) Covered nations.--The term ``covered nation'' means--
(A) Australia;
(B) Canada;
(C) New Zealand;
(D) the United Kingdom of Great Britain and Northern
Ireland; or
(E) other nations as designated as a covered nation for the
purposes of this Program by the Secretary.
(3) Covered product support provider.--The term ``covered
product support provider'' means--
(A) a product support provider that includes an entity
within the government of a covered nation;
(B) a private sector product support provider; or
(C) a product support integrator domiciled in the United
States or a covered nation.
(4) Product support; product support integrator; product
support provider.--The terms ``product support'', ``product support
integrator'', and ``product support provider'' have the meanings
given, respectively, in section 4324 of title 10, United States
Code.
(5) Product support arrangement.--
(A) In general.--The term ``product support arrangement''
means a contract, task order, or any other type of agreement or
arrangement, between the United States and a covered product
support provider, for the performance of the functions
described in subparagraph (B) with respect to--
(i) a platform or information system operated by the
United States and the covered nation of such covered
product support provider; or
(ii) a subsystem or components of such a platform or
information system.
(B) Functions described.--The functions described in this
subparagraph, with respect to a platform, information system,
subsystem, or component described in subparagraph (A), are the
following:
(i) Performance-based logistics.
(ii) Sustainment support.
(iii) Contractor logistics support.
(iv) Life-cycle product support.
(v) Weapon system product support.
(6) Program.--The term ``Program'' means the demonstration and
prototyping program established under subsection (a).
(7) Secretary.--The term ``Secretary'' means the Secretary of
Defense.
SEC. 843. SPECIAL AUTHORITY FOR RAPID CONTRACTING FOR COMMANDERS OF
COMBATANT COMMANDS.
(a) In General.--The commander of a combatant command, upon
providing a written determination to a senior contracting official (as
defined in section 1737 of title 10, United States Code), may request
use of the special authorities described in subsection (b)--
(1) in support of a contingency operation (as defined in
section 101(a) of title 10, United States Code);
(2) to facilitate the defense against or recovery from a cyber
attack, nuclear attack, biological attack, chemical attack, or
radiological attack against the United States;
(3) in support of a humanitarian or peacekeeping operation (as
the term is defined in section 3015(2) of title 10, United States
Code); and
(4) for purposes of protecting the national security interests
of the United States during directed operations that are below the
threshold of traditional armed conflict.
(b) Special Authorities Described.--The special authorities for
contracting that may be used by the senior contracting official to
rapidly respond to time-sensitive or unplanned emergency situations are
as follows:
(1) Procedures applicable to purchases below micro-purchase
threshold (described in section 1902 of title 41, United States
Code), with respect to a single contracting action taken under
subsection (a) for a contract to be awarded and performed, or
purchase to be made--
(A) in the United States, with a value less than $15,000;
or
(B) outside the United States, with a value less than
$25,000.
(2) Simplified acquisition procedures (described in section
1901 of title 41, United States Code), with respect to a single
contracting action taken under subsection (a) for a contract to be
awarded and performed, or purchase to be made--
(A) in the United States, with a value less than $750,000;
or
(B) outside the United States, with a value less than
$1,500,000.
(3) For simplified procedures for purchases under section 3205
of title 10, United States Code, subsection (a)(2) of such section
shall be applied by substituting ``$10,000,000'' for
``$5,000,000''.
(4) The property or service being procured may be treated as a
commercial product or a commercial service for the purpose of
carrying out the procurement.
(c) Determination.--A written determination required under
subsection (a)--
(1) may include more than one requested action;
(2) may be directed to more than one senior contracting
official; and
(3) shall include--
(A) the rationale for the request in accordance with
paragraphs (1) through (4) of such subsection;
(B) a description of any special authority requested; and
(C) an attestation that funds are available for such
special authority.
(d) Sunset.--The authority under subsection (a) shall terminate on
September 30, 2028.
(e) Annual Report.--Not later than January 15, 2025, and annually
thereafter for four years, the Chairman of the Joint Chiefs of Staff,
in coordination with the Under Secretary of Defense for Acquisition and
Sustainment, shall submit to the congressional defense committees a
report on the use of the authority under this section for the fiscal
year preceding the date of submission of the report. The report shall
include a summary of each instance of the authority being used,
including--
(1) an identification of each commander submitting a request
under subsection (a);
(2) an identification of each senior contracting official
responding to such request; and
(3) the specific special authority requested, including an
identification of the contractor that performed the contract and
the value of the contract.
Subtitle E--Industrial Base Matters
SEC. 851. ADDITIONAL NATIONAL SECURITY OBJECTIVES FOR THE NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
Section 4811(a)(9) of title 10, United States Code, is amended--
(1) by inserting ``services, supplies, and'' before
``materials''; and
(2) by inserting before the period at the end the following:
``, including by reducing reliance on potential adversaries for
such services, supplies, and materials to the maximum extent
practicable''.
SEC. 852. DEPARTMENT OF DEFENSE MENTOR-PROTEGE PROGRAM.
Section 4902(e) of title 10, United States Code, is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv), respectively;
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(3) by striking ``Before providing assistance'' and inserting
``(1) Before providing assistance''; and
(4) by adding at the end the following new paragraph:
``(2) An agreement under this subsection may be a contract,
cooperative agreement, or a partnership intermediary agreement.''.
SEC. 853. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSISTANCE
PROGRAM.
(a) Definitions.--Section 4951 of title 10, United States Code, is
amended--
(1) in paragraph (1)(C), by striking ``private, nonprofit
organization'' and inserting ``nonprofit organization''; and
(2) by adding at the end the following new paragraph:
``(5) The term `business entity' means a corporation,
association, partnership, limited liability company, limited
liability partnership, consortia, not-for-profit, or other legal
entity.''.
(b) Cooperative Agreements.--Section 4954 of title 10, United
States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(B) by inserting ``(1)'' before ``Under''; and
(C) by adding at the end the following new paragraph:
``(2) The Secretary shall have the ability to waive or modify the
percentages specified in paragraph (1), on a case-by-case basis, if the
Secretary determines that it would be in the best interest of the
program.'';
(2) by striking subsection (c) and redesignating subsections
(d), (e), and (f) as subsections (c), (d), and (e); and
(3) by inserting after subsection (e), as redesignated by
paragraph (2), the following new subsection:
``(f) Waiver of Government Cost Share Restriction.--If the
Secretary of Defense determines it to be in the best interests of the
Federal Government, the Secretary may waive the restrictions on the
percentage of eligible costs covered by the program under section (b).
The Secretary shall submit to the congressional defense committees a
written justification for such determination.''.
(c) Authority to Provide Certain Types of Technical Assistance.--
Section 4958(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) under clause 252.204-7012 of the Defense Acquisition
Regulation Supplement, or any successor regulation, and on
compliance with those requirements (and any successor
requirements); and
``(4) under section 847 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1505), and
on compliance with those requirements (and any such successor
requirements).''.
SEC. 854. MODIFICATION OF EFFECTIVE DATE FOR EXPANSION ON THE
PROHIBITION ON ACQUIRING CERTAIN METAL PRODUCTS.
Section 844(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3766) is amended by striking ``5 years'' and inserting ``6 years''.
SEC. 855. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND
SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 883 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 4292 note prec.) is amended--
(1) in subsection (a), by striking ``seven-year pilot program''
and inserting ``eight-year pilot program''; and
(2) in subsection (g), by striking ``seven years'' and
inserting ``eight years''.
SEC. 856. PILOT PROGRAM TO ANALYZE AND MONITOR CERTAIN SUPPLY
CHAINS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall establish and carry out a pilot program to
analyze, map, and monitor supply chains for up to five covered weapons
platforms, under which the Under Secretary shall--
(1) identify impediments to production and opportunities to
expand the production of components of such a covered weapons
platform;
(2) identify potential risks to and vulnerabilities of
suppliers for such covered weapons platforms and ways to mitigate
such risks; and
(3) identify critical suppliers for such covered weapons
platforms.
(b) Use of Tools.--The Under Secretary may use a combination of
commercial tools and tools available to the Department of Defense to
carry out the program established under this section, including
artificial intelligence and machine learning tools to improve data
analysis capabilities for such supply chains.
(c) Annual Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until the date specified
in subsection (d), the Under Secretary shall submit to the
congressional defense committees a report containing--
(1) a list of the vulnerabilities of the supply chains for each
covered weapons platform selected under subsection (a), categorized
by severity of threat or risk to deployment of such a platform;
(2) for each vulnerability, a description of such
vulnerability, whether such vulnerability has been resolved, and,
if resolved, the time from identification to resolution; and
(3) an assessment of any efficiencies achieved by addressing
impediments to the supply chain.
(d) Termination.--The authority to carry out the pilot program
under this section shall terminate on January 1, 2028.
(e) Covered Weapons Platform Defined.--In this section, the term
``covered weapons platform'' means any weapons platform identified in
the reports submitted under section 1251(d)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (10
U.S.C. 113 note).
SEC. 857. DEPARTMENT OF DEFENSE NOTIFICATION OF CERTAIN
TRANSACTIONS.
The parties to a proposed merger or acquisition that will require a
review by the Department of Defense who are required to file the
notification and provide supplementary information to the Department of
Justice or the Federal Trade Commission under section 7A of the Clayton
Act (15 U.S.C. 18a) shall concurrently provide such information to the
Department of Defense during the waiting period under section 7A of the
Clayton Act (15 U.S.C. 18a).
Subtitle F--Small Business Matters
SEC. 860. AMENDMENTS TO DEFENSE RESEARCH AND DEVELOPMENT RAPID
INNOVATION PROGRAM.
Section 4061 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``to enable and assist small
businesses'' after ``merit-based program'';
(ii) by striking ``fielding of technologies'' and
inserting ``commercialization of various technologies,
including critical technologies''; and
(iii) by inserting ``capabilities developed through
competitively awarded prototype agreements'' after
``defense laboratories,''; and
(B) in paragraph (2), by inserting ``support the
integration of such products,'' after ``evaluation outcomes,'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``primarily major
defense acquisition programs, but also other'' after
``candidate proposals in support of''; and
(B) in paragraph (2), by striking ``by each military
department'' and inserting ``by each Office of Small Business
Programs of each military department''; and
(3) in subsection (d)(2), by striking ``$3,000,000'' and
inserting ``$6,000,000''.
SEC. 861. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE
DEPARTMENT OF DEFENSE.
Section 279(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3507) is amended by striking ``each fiscal years 2021, 2022, and 2023''
and replacing with ``each fiscal year through fiscal year 2028''.
SEC. 862. PAYMENT OF SUBCONTRACTORS.
(a) In General.--Section 8(d)(13) of the Small Business Act (15
U.S.C. 637(d)(13)) is amended--
(1) in subparagraph (B)(i), by striking ``90 days'' and
inserting ``30 days'';
(2) in subparagraph (C)--
(A) by striking ``contract shall'' and inserting
``contract--
``(i) shall'';
(B) in clause (i), as so designated, by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(ii) may enter or modify past performance information
of the prime contractor in connection with the unjustified
failure to make a full or timely payment to a subcontractor
subject to this paragraph before or after close-out of the
covered contract.'';
(3) in subparagraph (D), by striking ``subparagraph (E)'' and
inserting ``subparagraph (F)'';
(4) by redesignating subparagraph (E) as subparagraph (F); and
(5) by inserting after subparagraph (D) the following:
``(E) Cooperation.--
``(i) In general.--Once a contracting officer
determines, with respect to the past performance of a prime
contractor, that there was an unjustified failure by the
prime contractor on a covered contract to make a full or
timely payment to a subcontractor covered by subparagraph
(B) or (C), the prime contractor is required to cooperate
with the contracting officer, who shall consult with the
Director of Small Business Programs or the Director of
Small and Disadvantaged Business Utilization acting
pursuant to section 15(k)(6) and other representatives of
the Government, regarding correcting and mitigating the
unjustified failure to make a full or timely payment to a
subcontractor.
``(ii) Duration.--The duty of cooperation under this
subparagraph for a prime contractor described in clause (i)
continues until the subcontractor is made whole or the
determination of the contracting officer determination is
no longer effective, and regardless of performance or
close-out status of the covered contract.''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the Federal
Acquisition Regulatory Council proposed revisions to regulations that
the Administrator determines necessary to carry out the amendments made
by this section.
SEC. 863. INCREASE IN GOVERNMENTWIDE GOAL FOR PARTICIPATION IN
FEDERAL CONTRACTS BY SMALL BUSINESS CONCERNS OWNED AND CONTROLLED
BY SERVICE-DISABLED VETERANS.
Section 15(g)(1)(A)(ii) of the Small Business Act (15 U.S.C.
644(g)(1)(A)(ii)) is amended by striking ``3 percent'' and inserting
``5 percent''.
SEC. 864. ELIMINATING SELF-CERTIFICATION FOR SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESSES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Small business concern; small business concerns owned and
controlled by service-disabled veterans.--The terms ``small
business concern'' and ``small business concerns owned and
controlled by service-disabled veterans'' have the meanings given
those terms in section 3 of the Small Business Act (15 U.S.C. 632).
(b) Eliminating Self-Certification in Prime Contracting and
Subcontracting for SDVOSBs.--
(1) In general.--Each prime contract award and subcontract
award that is counted for the purpose of meeting the goals for
participation by small business concerns owned and controlled by
service-disabled veterans in procurement contracts for Federal
agencies, as established in section 15(g)(2) of the Small Business
Act (15 U.S.C. 644(g)(2)), shall be entered into with small
business concerns certified by the Administrator as small business
concerns owned and controlled by service-disabled veterans under
section 36 of such Act (15 U.S.C. 657f).
(2) Effective date.--Paragraph (1) shall take effect on October
1 of the fiscal year beginning after the Administrator promulgates
the regulations required under subsection (d).
(c) Phased Approach to Eliminating Self-Certification for
SDVOSBs.--Notwithstanding any other provision of law, any small
business concern that self-certified as a small business concern owned
and controlled by service-disabled veterans may--
(1) if the small business concern files a certification
application with the Administrator before the end of the 1-year
period beginning on the date of the enactment of this Act, maintain
such self-certification until the Administrator makes a
determination with respect to such certification; and
(2) if the small business concern does not file a certification
application before the end of the 1-year period beginning on the
date of enactment of this Act, lose, at the end of such 1-year
period, any self-certification of the small business concern as a
small business concern owned and controlled by service-disabled
veterans.
(d) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall promulgate regulations
to carry out this section.
SEC. 865. CONSIDERATION OF THE PAST PERFORMANCE OF AFFILIATE
COMPANIES OF SMALL BUSINESS CONCERNS.
Not later than July 1, 2024, the Secretary of Defense shall amend
section 215.305 of the Defense Federal Acquisition Supplement (or any
successor regulation) to require that when small business concerns bid
on Department of Defense contracts, the past performance evaluation and
source selection processes shall consider, if relevant, the past
performance information of affiliate companies of the small business
concerns.
Subtitle G--Other Matters
SEC. 871. EXTENSION OF MISSION MANAGEMENT PILOT PROGRAM.
Section 871 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 191 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``In General.--Except'' and inserting
the following: ``In General.--
``(A) Selection.--Except''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Delegation of oversight and management.--The Deputy
Secretary of Defense may delegate to one or more mission
managers the responsibility to oversee the selected missions
and provide mission management.''; and
(B) by adding at the end the following new paragraph:
``(4) Identification of funding.--For each mission selected
under paragraph (1), the Deputy Secretary of Defense shall identify
funding sources in detail in defense budget materials submitted to
Congress pursuant to section 1105 of title 31, United States Code,
for the first year for which the selected mission is intended to be
carried out. Such materials shall also include a description of
each such selected mission and the proposed solution to achieve the
goals of such mission.'';
(2) in subsection (c)(2)--
(A) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (F) as subparagraph (G);
and
(C) by inserting after subparagraph (E) the following new
subparagraph:
``(F) assist the Deputy Secretary of Defense in the
identification of funding that could contribute to the mission
through existing authorized methods to realign, reprogram, or
transfer funds; and'';
(3) in subsection (f)(1)(A), by striking ``every six months
thereafter until the date that is five years after the date of the
enactment of this Act'' and inserting ``annually thereafter until
September 30, 2028''; and
(4) in subsection (h), by striking ``terminate on the date that
is five years after the date of the enactment of this Act'' and
inserting ``terminate on September 30, 2028''.
SEC. 872. EXTENSION OF PILOT PROGRAM TO INCENTIVIZE CONTRACTING
WITH EMPLOYEE-OWNED BUSINESSES.
Section 874 of the National Defense Authorization Act for Fiscal
Year 2022 (10 U.S.C. 3204 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and prescribe
regulations'' after ``establish a pilot program'';
(B) in paragraph (2)--
(i) by inserting ``or for'' after ``services procured
by''; and
(ii) by inserting ``or for'' after ``may be procured
by''; and
(C) in paragraph (3), by striking ``A qualified'' and
inserting ``Each contract held by a qualified'';
(2) in subsection (c)(2), by striking ``expended on
subcontracts, subject to such necessary and reasonable waivers''
and inserting the following: ``expended on subcontracts, except--
``(A) to the extent subcontracted amounts exceeding 50
percent are subcontracted to other qualified businesses wholly-
owned through an Employee Stock Ownership Plan;
``(B) in the case of contracts for products, to the extent
subcontracted amounts exceeding 50 percent are for materials
not available from another qualified business wholly-owned
through an Employee Stock Ownership Plan; or
``(C) pursuant to such necessary and reasonable waivers'';
and
(3) in subsection (e), by striking ``five years after'' and
inserting ``eight years after''.
SEC. 873. PROGRAM AND PROCESSES RELATING TO FOREIGN ACQUISITION.
(a) Pilot Program for Combatant Command Use of Defense Acquisition
Workforce Development Account.--Each commander of a geographic
combatant command may use amounts from the Defense Acquisition
Workforce Development Account established under section 1705 of title
10, United States Code, to hire not more than two members of the
acquisition workforce (as defined in section 101 of such title) or
contracting officers to advise the combatant command on the processes
for foreign military sales authorized under chapter 2 of the Arms
Export Control Act (22 U.S.C. 2761 et seq.) and the Department of
Defense security cooperation processes under chapter 16 of title 10,
United States Code, for the purpose of facilitating the effective
implementation of such processes.
(b) Industry Day.--
(1) In general.--Not later than March 1, 2024, and not less
frequently than annually thereafter, the Secretary of Defense shall
conduct an event to be known as the ``industry day''--
(A) to raise awareness and understanding among officials of
foreign governments, covered embassy personnel, and
representatives of the defense industrial base with respect to
the role of the Department of Defense in implementing the
foreign military sales process and the Department of Defense
security cooperation process; and
(B) to raise awareness--
(i) within the private sector of the United States with
respect to--
(I) foreign demand for United States weapon
systems; and
(II) potential foreign industry partnering
opportunities; and
(ii) among officials of foreign governments and covered
embassy personnel with respect to potential United States
materiel solutions for capability needs.
(2) Format.--In conducting each industry day under paragraph
(1), the Secretary of Defense, to the extent practicable, shall
seek to maximize participation by representatives of the defense
industrial base and government officials while minimizing cost,
by--
(A) ensuring that information provided at the industry day
is unclassified;
(B) making the industry day publicly accessible through
teleconference or other virtual means; and
(C) posting any supporting materials on a publicly
accessible internet website.
(3) Covered embassy personnel.--In this subsection, the term
``covered embassy personnel'' means personnel at United States
diplomatic and consular posts and personnel of foreign missions
located in the United States.
(c) Senior-level Industry Advisory Group.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense,
in coordination with representatives of the defense industrial base,
shall establish or designate senior-level individuals working in the
defense industrial base to serve on an advisory group for the purpose
of focusing on the role of the Department of Defense in the foreign
military sales process and the Department of Defense security
cooperation process. Such advisory group shall terminate on the date
specified in subsection (f).
(d) Department of Defense Points of Contact for Foreign Military
Sales.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Secretary of each military
department shall each designate an individual to serve as a single
point of contact--
(A) to coordinate information and outreach on Department of
Defense implementation of the foreign military sales process;
and
(B) to respond to inquiries from representatives of the
defense industrial base and partner countries.
(2) Points of contact.--The Under Secretary of Defense for
Acquisition and Sustainment and the Secretary of each military
department shall each ensure that the contact information for each
individual designated under paragraph (1) is publicized at each
industry day conducted under subsection (b) and disseminated among
the members of the advisory group established under subsection (c).
(3) Termination.--The responsibilities of each individual
designated under paragraph (1) shall terminate on the date
specified in subsection (f).
(e) Regional Theater Needs for Exportability.--Not later than July
1, 2024, and annually thereafter until the date specified in (f), the
Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the commander of each geographic combatant command,
the Director of Strategy, Plans, and Policy on the Joint Staff, each
Secretary of a military department, and the Secretary of State, shall
provide to the Secretary of Defense a list of systems relating to
research and development, procurement, or sustainment that would
benefit from investment for exportability features in support of the
security cooperation objectives of the regional theaters.
(f) Termination.--The requirements of and the authority under this
section shall cease to have effect on December 31, 2028.
SEC. 874. PILOT PROGRAM TO INCENTIVIZE PROGRESS PAYMENTS.
(a) Pilot Program.--The Under Secretary of Defense for Acquisition
and Sustainment shall establish and implement a pilot program to
incentivize contractor performance by paying covered contractors a
progress payment rate that is up to 10 percent higher than the
customary progress payment rate on a contract-by-contract basis.
(b) Incentive Criteria.--The Under Secretary shall develop and
establish clear and measurable criteria for the payment to contractors
of higher progress payments as described in subsection (a), including
criteria for qualifying for such payments and the amount of such
payments.
(c) Applicability.--The Under Secretary shall apply the criteria
established under subsection (b) and any associated incentive on a
contract-by-contract basis when determining whether to pay a contractor
a higher progress payment under the pilot program established under
subsection (a) and the amount of such payment.
(d) Participation Voluntary.--Participation in the pilot program
established under subsection (a) shall be on a voluntary basis.
(e) Notice and Comment.--The Under Secretary shall issue the
regulations implementing the pilot program established under subsection
(a) and establishing the criteria required by subsection (b) after
notice and an opportunity for public comment of not more than 30 days.
(f) Report.--Not later than September 30, 2024, and annually
thereafter, the Under Secretary for Acquisition and Sustainment shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the implementation and activities of the
pilot program established under subsection (a), including a
comprehensive list of contractors that received increased progress
payments under the pilot program and the contracts with respect to
which such increased progress payments were made.
(g) Definitions.--In this section:
(1) Covered contractor.--The term ``covered contractor'' means
a contractor of the Department of Defense that is eligible for
progress payments under section 3804 of title 10, United States
Code.
(2) Customary progress payment rate.--The term ``customary
progress payment rate'' refers to the rate of progress payments
provided for under section 3804 of title 10, United States Code,
and payable in accordance with the applicable provisions of the
Federal Acquisition Regulation and the Defense Federal Acquisition
Regulation Supplement.
(3) Under secretary.--The term ``Under Secretary'' means the
Under Secretary for Acquisition and Sustainment.
(h) Sunset.--
(1) In general.--Except as provided by paragraph (2), the
authority to carry out the pilot program established under
subsection (a) shall terminate on January 1, 2029.
(2) Existing contracts.--Notwithstanding paragraph (1), a
contractor that the Under Secretary determines under the pilot
program established under subsection (a) shall be paid a higher
progress payment under such pilot program with respect to a
contract in effect as of the date described in paragraph (1) shall
receive such higher progress payments until the earlier of--
(A) the termination or expiration of the contract; or
(B) the date on which the contractor becomes ineligible for
progress payments or higher progress payments under such pilot
program.
SEC. 875. STUDY ON REDUCING BARRIERS TO ACQUISITION OF COMMERCIAL
PRODUCTS AND SERVICES.
(a) In General.--The Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition and Sustainment, shall conduct a
study on the feasibility and advisability of--
(1) establishing a default determination that products and
services acquired by the Department of Defense are commercial and
do not require commercial determination as provided under section
3456 of title 10, United States Code;
(2) establishing a requirement for a product or service to be
determined not to be a commercial product or service prior to the
use of procedures other than procedures under part 12 of the
Federal Acquisition Regulation; and
(3) mandating the use of commercial procedures under part 12 of
the Federal Acquisition Regulation unless a justification for a
determination that a product or service is not a commercial product
or service is determined.
(b) Report.--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 findings of the study
conducted under subsection (a). The report shall include specific
findings with relevant data and proposed recommendations, including any
necessary and desirable modifications to applicable statute for any
changes the Department seeks to make regarding paragraphs (1) through
(3) of subsection (a).
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Conforming amendments to carry out elimination of position of
Chief Management Officer.
Sec. 902. Modification of responsibilities of Director of Cost
Assessment and Program Evaluation.
Sec. 903. Establishment of Office of Strategic Capital.
Sec. 904. Establishment and assignment of roles and responsibilities for
combined joint all-domain command and control in support of
integrated joint warfighting.
Sec. 905. Principal Deputy Assistant Secretaries to support Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Additional requirements under general policy for total force
management.
Sec. 912. Addition of College of International Security Affairs to
National Defense University.
Sec. 913. Codification of the Defense Innovation Unit.
Sec. 914. Repeal of authority to appoint a Naval Research Advisory
Committee.
Sec. 915. Eligibility of members of Space Force for instruction at the
Naval Postgraduate School.
Sec. 916. Membership of the Air Force Reserve Forces Policy Committee.
Sec. 917. Modification of cross-functional team to address emerging
threat relating to anomalous health incidents.
Sec. 918. Technology release and foreign disclosure reform initiative.
Sec. 919. Software-based capability to facilitate scheduling between the
Department of Defense and Congress.
Sec. 920. Metrics to operationalize audit readiness.
Sec. 921. Next generation business health metrics.
Sec. 922. Independent assessment of defense business enterprise
architecture.
Sec. 923. Future force design of the Department of the Air Force.
Sec. 924. Feasibility study on the consolidation or transfer of space
functions of the National Guard to the Space Force.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. CONFORMING AMENDMENTS TO CARRY OUT ELIMINATION OF
POSITION OF CHIEF MANAGEMENT OFFICER.
(a) Removal of References to Chief Management Officer in Provisions
of Law Relating to Precedence.--Chapter 4 of title 10, United States
Code, is amended--
(1) in section 133a(c)--
(A) in paragraph (1), by striking ``, the Deputy Secretary
of Defense, and the Chief Management Officer of the Department
of Defense'' and inserting ``and the Deputy Secretary of
Defense''; and
(B) in paragraph (2), by striking ``the Chief Management
Officer,'';
(2) in section 133b(c)--
(A) in paragraph (1), by striking ``the Chief Management
Officer of the Department of Defense,''; and
(B) in paragraph (2), by striking ``the Chief Management
Officer,'';
(3) in section 137a(d), by striking ``the Chief Management
Officer of the Department of Defense,''; and
(4) in section 138(d), by striking ``the Chief Management
Officer of the Department of Defense,''.
(b) Assignment of Periodic Review of Defense Agencies and DOD Field
Activities to Secretary of Defense.--Section 192(c) of such title is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``the Chief Management
Officer of the Department of Defense'' and inserting ``the
Secretary of Defense''; and
(B) in subparagraphs (B) and (C), by striking ``the Chief
Management Officer'' and inserting ``the Secretary''; and
(2) in paragraph (2), by striking ``the Chief Management
Officer'' each place it appears and inserting ``the Secretary''.
(c) Assignment of Responsibility for Financial Improvement and
Audit Remediation to Under Secretary of Defense (Comptroller).--Section
240b of such title is amended--
(1) in subsection (a)(1), by striking ``The Chief Management
Officer of the Department of Defense shall, in consultation with
the Under Secretary of Defense (Comptroller),'' and inserting ``The
Under Secretary of Defense (Comptroller) shall, in consultation
with the Performance Improvement Officer of the Department of
Defense,''; and
(2) in subsection (b)(1)(C)(ii), by striking ``the Chief
Management Officer'' and inserting ``the Performance Improvement
Officer''.
(d) Removal of Chief Management Officer as Recipient of Reports of
Audits by External Auditors.--Section 240d(d)(1)(A) of such title is
amended by striking ``and the Chief Management Officer of the
Department of Defense''.
(e) Conforming Amendments to Provisions of Law Related to Freedom
of Information Act Exemptions.--Such title is further amended--
(1) in section 130e--
(A) by striking subsection (d);
(B) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(C) in subsection (d), as so redesignated--
(i) by striking ``, or the Secretary's designee,''; and
(ii) by striking ``, through the Office of the Director
of Administration and Management''; and
(2) in section 2254a--
(A) by striking subsection (c);
(B) by redesignating subsection (d) as subsection (c); and
(C) in subsection (c), as so redesignated--
(i) by striking ``, or the Secretary's designee,''; and
(ii) by striking ``, through the Office of the Director
of Administration and Management''.
(f) Assignment of Responsibility for Annual Review of Agency
Information Technology Portfolio to the Chief Information Officer.--
Section 11319(d)(4) of title 40, United States Code, is amended, in the
second sentence, by striking ``the Chief Management Officer of the
Department of Defense (or any successor to such Officer), in
consultation with the Chief Information Officer, the Under Secretary of
Defense for Acquisition and Sustainment, and'' and inserting ``the
Chief Information Officer of the Department of Defense, in consultation
with the Under Secretary of Defense for Acquisition and Sustainment
and''.
(g) Removal of Chief Management Officer as Required Coordinator on
Defense Resale Matters.--Section 631(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
2481 note) is amended by striking ``, in coordination with the Chief
Management Officer of the Department of Defense,''.
SEC. 902. MODIFICATION OF RESPONSIBILITIES OF DIRECTOR OF COST
ASSESSMENT AND PROGRAM EVALUATION.
(a) In General.--Section 139a of title 10, United States Code, is
amended--
(1) in subsection (d)--
(A) in paragraph (5)--
(i) by striking ``, ensuring'' and inserting ``and
ensuring''; and
(ii) by striking ``, and assessing'' and all that
follows through ``economy''; and
(B) in paragraph (8), by inserting after ``defense
resources'' the following: ``, including the standardization of
analytical methodologies and the establishment and maintenance
of a centralized knowledge repository of physical attributes or
other data for modeling and simulation purposes''; and
(2) by adding at the end the following new subsections:
``(e) Program Evaluation Competitive Analysis Cell.--
``(1) Not later than June 1, 2024, the Secretary of Defense
shall establish a team, to be known as the `Program Evaluation
Competitive Analysis Cell' (referred to in this subsection as the
`Cell'), to critically assess the analytical methodologies,
assumptions, and data used in key strategic and operational
analyses conducted by the Director of Cost Assessment and Program
Evaluation.
``(2) The Secretary of Defense shall--
``(A) designate an individual to serve as the head of the
Cell; and
``(B) ensure that the Cell has a sufficient number of
personnel to carry out the duties described in this subsection.
``(3) The Cell shall be independent of the Director of Cost
Assessment and Program Evaluation. The head of the Cell shall
report directly to the Secretary of Defense or the Deputy Secretary
of Defense.
``(4)(A) Not less frequently than once every two years, the
Cell shall conduct an alternative operational or strategic analysis
of an analytical question identified by the Chairman of the Joint
Chiefs of Staff under subparagraph (B). In conducting such
alternative analysis, the Cell shall use assumptions different from
the assumptions used by the Director of Cost Assessment and Program
Evaluation for the original analysis of such question.
``(B) For purposes of each alternative analysis required under
subparagraph (A), at an appropriate time before the commencement of
such analysis--
``(i) the Director of the Joint Staff shall submit to the
Chairman of the Joint Chiefs of Staff a list of not fewer than
three operational or strategic questions previously studied by
the Director of Cost Assessment and Program Evaluation that
could potentially serve as the basis of for such alternative
analysis; and
``(ii) from such list, the Chairman shall select one
question to serve as the basis for such analysis.
``(f) Inclusion of Risk Estimates in Certain Submissions.--In any
case in which the Director of Cost Assessment and Program Evaluation
submits to the Secretary of Defense an analytical product that
recommends not meeting or changing a requirement established by the
Joint Requirements Oversight Council, the Director shall include with
such submission--
``(1) a risk assessment that assesses any risks of the
recommended course of action with respect to the execution of
operational plans and the long-term ability of the armed forces to
meet the needs of combatant commanders (as determined by the
Secretary of Defense); and
``(2) a risk estimate from the military service in question
that assesses the risks described in paragraph (1).
``(g) Annual Reports.--
``(1) In general.--Not later than February 1, 2024, and
annually thereafter, the Director of Cost Assessment and Program
Evaluation shall submit to the congressional defense committees a
report on any strategic and operational analyses conducted under
paragraphs (2), (3), (6), (7), or (8) of subsection (d). Each
report shall include--
``(A) a review of strategic portfolio reviews completed in
the fiscal year preceding submission of the report and a
description of such reviews planned for the fiscal year that
begins after submission of the report;
``(B) a review of analyses of alternatives completed in the
fiscal year preceding submission of the report and a
description of such analyses planned for the fiscal year that
begins after submission of the report; and
``(C) a review of defense program projections completed in
the fiscal year preceding submission of the report and a
description of such projections planned for the fiscal year
that begins after submission of the report.
``(2) Form.--Each report required by paragraph (1) shall be
submitted in classified form, but shall include an unclassified
summary.
``(3) Briefings.--Not later than 15 days after the submission
of each report required by paragraph (1), the Director of Cost
Assessment and Program Evaluation shall provide to the
congressional defense committees a briefing on the contents of the
report.
``(h) Quarterly Briefings.--Beginning not later than 30 days after
the date of the enactment of this subsection, and on a quarterly basis
thereafter, the Director of Cost Assessment and Program Evaluation
shall provide to the congressional defense committees a briefing on the
activities carried out by Director during the preceding quarter an any
ongoing activities of the Director as of the date of briefing.''.
(b) Pilot Program on Alternative Analysis.--
(1) In general.--Not later than May 1, 2024, the Director of
Cost Assessment and Program Evaluation shall establish a pilot
program on alternative analysis (referred to in this subsection as
the ``pilot program'').
(2) Structure.--Under the pilot program, the Director shall
establish three analytical groups focused on programmatic analysis
in the following:
(A) Year 1 of the future-years defense program under
section 221 of title 10, United States Code, beginning with
fiscal year 2025.
(B) Years 2 through 5 of the future-years defense program.
(C) Years outside the future-years defense program.
(3) Requirements.--The Director shall ensure that at least one
strategic portfolio review or an equivalent analytical effort is
conducted each year under the pilot program.
(4) Termination.--The pilot program shall terminate on
September 30, 2028.
(c) Establishment of Analysis Working Group.--
(1) In general.--Not later than May 1, 2024, the Secretary of
Defense shall establish within the Department of Defense a working
group to be known as the ``Analysis Working Group''.
(2) Personnel.--The Secretary of Defense shall ensure that the
Analysis Working Group possesses sufficient full-time equivalent
support personnel to carry out the duties of the Group, including
expansive coordination activities across the Department of Defense.
(3) Membership.--
(A) Regular members.--The Analysis Working Group shall be
composed of at least one representative from each of the
following components of the Department of Defense:
(i) The Office of the Director of Cost Assessment and
Program Evaluation.
(ii) The Directorate for Joint Force Development (J7)
of the Joint Staff.
(iii) The Directorate for Force Structure, Resources,
and Assessment (J8) of the Joint Staff.
(iv) The Office of the Secretary of Defense for Policy.
(v) The Chief Digital and Artificial Intelligence
Office.
(B) Observers.--At least one representative from each of
the following commands shall serve as observers of the Analysis
Working Group:
(i) The United States Indo-Pacific Command.
(ii) The United States European Command.
(iii) The United States Central Command.
(4) Duties.--The Analysis Working Group shall--
(A) establish clear priorities and standards to focus
analysts on decision support;
(B) improve transparency of methodologies, tools, and
tradecraft across the analytic community, including testing and
validation for new or emerging methodologies, tools, and
tradecraft;
(C) improve quality of and expand access to data, including
evaluation of new data sets, or application of existing data
sets in new or novel ways;
(D) evolve the methodologies, tools, and tradecraft methods
and tools used in strategic analysis;
(E) resolve classified access and infrastructure
challenges;
(F) foster a workforce and organizations that are
innovative, creative, and provide high-quality strategic
decision support; and
(G) carry out such other activities as the Secretary of
Defense determines appropriate.
(d) Rule of Construction.--Nothing in subsection (b) or (c) shall
be construed to interfere with the authority of the Chiefs of Staff of
the Armed Forces to establish military requirements, performance
requirements, and joint performance requirements, or the authority of
the Joint Requirements Oversight Council to validate such requirements
under section 181 of title 10, United States Code.
SEC. 903. ESTABLISHMENT OF OFFICE OF STRATEGIC CAPITAL.
(a) Establishment of Office.--Chapter 4 of title 10, United States
Code, as amended by section 241, is further amended by adding at the
end the following new section:
``Sec. 149. Office of Strategic Capital
``(a) Establishment.--There is in the Office of the Secretary of
Defense an office to be known as the Office of Strategic Capital (in
this section referred to as the `Office').
``(b) Director.--The Office shall be headed by a Director (in this
section referred to as the `Director'), who shall be appointed by the
Secretary from among employees in Senior Executive Service positions
(as defined in section 3132 of title 5), or from outside the civil
service who have successfully held equivalent positions.
``(c) Duties.--The Office shall--
``(1) develop, integrate, and implement capital investment
strategies proven in the commercial sector to shape and scale
investment in critical technologies and assets;
``(2) identify and prioritize promising critical technologies
and assets that require capital assistance and have the potential
to benefit the Department of Defense; and
``(3) make eligible investments in such technologies and
assets, such as supply chain technologies not always supported
through direct investment.
``(d) Non-Federal Funding Requirements for Certain Investments.--In
the case of an eligible investment made through a direct loan, not less
than 80 percent of the total capital provided for the specific
technology to be funded by the investment shall be derived from non-
Federal sources as of the time of the investment.
``(e) Definitions.--In this section:
``(1) The term `capital assistance' means a loan, loan
guarantee, or technical assistance.
``(2) The term `covered technology category' means the
following:
``(A) Advanced bulk materials.
``(B) Advanced manufacturing.
``(C) Autonomous mobile robots.
``(D) Battery storage.
``(E) Biochemicals.
``(F) Bioenergetics.
``(G) Biomass.
``(H) Cybersecurity.
``(I) Data fabric.
``(J) Decision science.
``(K) Edge computing.
``(L) External communication.
``(M) Hydrogen generation and storage.
``(N) Mesh networks.
``(O) Microelectronics assembly, testing, or packaging.
``(P) Microelectronics design and development.
``(Q) Microelectronics fabrication.
``(R) Microelectronics manufacturing equipment.
``(S) Microelectronics materials.
``(T) Nanomaterials and metamaterials.
``(U) Open RAN.
``(V) Optical communications.
``(W) Sensor hardware.
``(X) Solar.
``(Y) Space launch.
``(Z) Spacecraft.
``(AA) Space-enabled services and equipment.
``(BB) Synthetic biology.
``(CC) Quantum computing.
``(DD) Quantum security.
``(EE) Quantum sensing.
``(3) The term `eligible entity' means--
``(A) an individual;
``(B) a corporation;
``(C) a partnership, which may include a public-private
partnership, limited partnership, or general partnership;
``(D) a joint venture;
``(E) a trust;
``(F) a State, including a political subdivision or any
other instrumentality of a State;
``(G) a Tribal government or consortium of Tribal
governments;
``(H) any other governmental entity or public agency in the
United States, including a special purpose district or public
authority, including a port authority;
``(I) a multi-State or multi-jurisdictional group of public
entities; or
``(J) a strategic alliance among two or more entities
described in subparagraphs (A) through (I).
``(4) The term `eligible investment' means an investment, in
the form of capital assistance provided to an eligible entity, for
a technology that--
``(A) is in a covered technology category; and
``(B) is not a technology that solely has defense
applications.''.
(b) Pilot Program on Capital Assistance to Support Defense
Investment in the Industrial Base.--
(1) Capital assistance.--To the extent and in such amounts as
specifically provided in advance in appropriations Acts for the
purposes detailed in this subsection, the Secretary of Defense,
acting through the Director of the Office of Strategic Capital
(referred to in this section as the ``Director''), may carry out a
pilot program under this subsection to provide capital assistance
to eligible entities for eligible investments to develop
technologies that support the duties and elements of the Office and
meet the needs of the Department of Defense.
(2) Eligibility and application process.--
(A) In general.--An eligible entity seeking capital
assistance for an eligible investment under this subsection
shall submit to the Director an application at such time, in
such manner, and containing such information as the Director
may require.
(B) Selection of investments.--The Director shall establish
criteria for selecting among eligible investments for which
applications are submitted under subparagraph (A). The criteria
shall include--
(i) the extent to which an investment supports the
national security or economic interests of the United
States;
(ii) the likelihood that capital assistance provided
for an investment would enable the investment to proceed
sooner than the investment would otherwise be able to
proceed; and
(iii) the creditworthiness of an investment.
(3) Capital assistance.--
(A) Loans and loan guarantees.--
(i) In general.--To the extent and in such amounts as
specifically provided in advance in appropriations Acts for
the purposes detailed in this subsection, the Director may
provide loans or loan guarantees to finance or refinance
the costs of an eligible investment selected pursuant to
paragraph (2)(B).
(ii) Administration of loans.--
(I) Interest rate.--
(aa) In general.--Except as provided under item
(bb), the interest rate on a loan provided under
clause (i) shall be not less than the yield on
marketable United States Treasury securities of a
similar maturity to the maturity of the loan on the
date of execution of the loan agreement.
(bb) Exception.--The Director may waive the
requirement under item (aa) with respect to an
investment if the investment is determined by the
Secretary of Defense to be vital to the national
security of the United States.
(cc) Criteria.--The Director shall establish
separate and distinct criteria for interest rates
for loan guarantees with private sector lending
institutions.
(II) Final maturity date.--The final maturity date
of a loan provided under clause (i) shall be not later
than 50 years after the date on which the loan was
provided.
(III) Prepayment.--A loan provided under clause (i)
may be paid earlier than is provided for under the loan
agreement without a penalty.
(IV) Nonsubordination.--
(aa) In general.--A loan provided under clause
(i) shall not be subordinated to the claims of any
holder of investment obligations in the event of
bankruptcy, insolvency, or liquidation of the
obligor.
(bb) Exception.--The Director may waive the
requirement under item (aa) with respect to the
investment in order to mitigate risks to loan
repayment.
(V) Sale of loans.--The Director may sell to
another entity or reoffer into the capital markets a
loan provided under clause (i) if the Director
determines that the sale or reoffering can be made on
favorable terms.
(VI) Loan guarantees.--Any loan guarantee provided
under clause (i) shall specify the percentage of the
principal amount guaranteed. If the Secretary
determines that the holder of a loan guaranteed by the
Department of Defense defaults on the loan, the
Director shall pay the holder as specified in the loan
guarantee agreement.
(VII) Investment-grade rating.--The Director shall
establish a credit rating system to ensure a reasonable
reassurance of repayment. The system may include use of
existing credit rating agencies where appropriate.
(VIII) Terms and conditions.--Loans and loan
guarantees provided under clause (i) shall be subject
to such other terms and conditions and contain such
other covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
(IX) Applicability of federal credit reform act of
1990.--Loans and loan guarantees provided under clause
(i) shall be subject to the requirements of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(B) Technical assistance.--Subject to appropriations Acts,
the Director may provide technical assistance with respect to
developing and financing investments to eligible entities
seeking capital assistance for eligible investments and
eligible entities receiving capital assistance under this
subsection.
(C) Terms and conditions.--
(i) Amount of capital assistance.--To the extent and in
such amounts as specifically provided in advance in
appropriations Acts for the purposes detailed in this
subsection, the Director shall provide to an eligible
investment selected pursuant to paragraph (2)(B) the amount
of capital assistance necessary to carry out the
investment.
(ii) Use of united states dollars.--All financial
transactions conducted under this section shall be
conducted in United States dollars.
(4) Non-federal funding requirements.--The requirements of
section 149(d) of title 10, United States Code (as added by
subsection (a)) shall apply to eligible investments under this
subsection.
(5) Establishment of accounts.--
(A) Credit program account.--
(i) Establishment.--There is established in the
Treasury of the United States a Department of Defense
Credit Program Account to make and guarantee loans under
this subsection in accordance with section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
(ii) Funding.--The Credit Program Account shall consist
of amounts appropriated pursuant to the authorization of
appropriations.
(B) Use of funds.--To the extent and in such amounts as
specifically provided in advance in appropriations Acts for the
purposes detailed in this subsection, the Director is
authorized to pay, from amounts in the Department of Defense
Credit Program Account--
(i) the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and
loan guarantees and other capital assistance;
(ii) administrative expenses associated with activities
under this section;
(iii) project-specific transaction costs; and
(iv) the cost of providing support authorized by this
subsection.
(6) Regulations.--The Secretary of Defense may prescribe such
regulations as the Secretary determines to be appropriate to carry
out this subsection.
(7) Annual report.--Not later than the first Monday in February
of a fiscal year, the Secretary of Defense shall submit to the
congressional defense committees an annual report describing
activities carried out pursuant to this subsection in the preceding
fiscal year and the goals of the Department of Defense in
accordance with this subsection for the next fiscal year.
(8) Notification requirement.--The Secretary of Defense shall
notify the congressional defense committees not later than 30 days
after a use of loans, loan guarantees, or technical assistance
under this subsection.
(9) Sunset.--The authorities provided under this subsection
shall expire on October 1, 2028.
(10) Definitions.--In this subsection:
(A) The term ``capital assistance'' means loans, loan
guarantees, or technical assistance provided under paragraph
(3).
(B) The terms ``eligible entity'' and ``eligible
investment'' have the meanings given those terms in section
149(e) of title 10, United States Code (as added by subsection
(a)).
(C) The term ``obligor'' means a party that is primarily
liable for payment of the principal of or interest on a loan.
SEC. 904. ESTABLISHMENT AND ASSIGNMENT OF ROLES AND
RESPONSIBILITIES FOR COMBINED JOINT ALL-DOMAIN COMMAND AND
CONTROL IN SUPPORT OF INTEGRATED JOINT WARFIGHTING.
(a) In General.--The Secretary of Defense shall establish, and
assign to appropriate components of the Office of the Secretary, roles
and responsibilities relating to--
(1) the development of combined joint all-domain command and
control (commonly known as ``CJADC2'') capabilities in support of
integrated joint warfighting; and
(2) the delivery of such capabilities to the combatant
commands.
(b) Roles and Responsibilities.--The roles and responsibilities
established and assigned under subsection (a) shall include, at a
minimum, the following:
(1) Identifying new technology and operational concepts for
experimentation and prototyping for delivery to the Joint Force to
address key operational challenges.
(2) Providing technical support for the Joint Force in
exploring and analyzing new combined joint all-domain command and
control capabilities and operational concepts, including through
advanced modeling and simulation.
(3) Executing experimentation associated with such capabilities
through the Rapid Defense Experimentation Reserve or another
mechanism.
(4) Enabling the acquisition of cross-domain, joint, and cross-
system mission capabilities, including resourcing of modifications
necessary for integration and interoperability among mission
components.
(5) Ensuring the effectiveness of cross-domain, joint, and
cross-system mission capabilities through analysis and testing.
(6) Creating and operating a complete capability for software
development that allows for iterative, secure, and continuous
deployment of developmental, prototype, and operational tools and
capabilities from multiple vendors to test networks and operational
networks for combatant commanders to--
(A) gain operational awareness, make decisions, and take
actions;
(B) integrate relevant data sources to support target
selection, target prioritization, and weapon-target pairing;
and
(C) assign targets through networks, tools, and systems of
the Armed Forces and combat support agencies.
(c) Initial Prioritization.--In establishing an initial set of
roles and responsibilities under subsection (a), the Secretary of
Defense shall prioritize the development and delivery of capabilities
that meet the requirements of the United States Indo-Pacific Command.
(d) Briefings Required.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than once every 180
days thereafter through December 31, 2026, the Secretary of Defense
shall provide to the congressional defense committees a briefing on--
(1) any activities carried out in accordance with the roles and
responsibilities under subsection (a); and
(2) any plans associated with such roles and responsibilities.
SEC. 905. PRINCIPAL DEPUTY ASSISTANT SECRETARIES TO SUPPORT
ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW
INTENSITY CONFLICT.
The Secretary of Defense may appoint two Principal Deputy Assistant
Secretaries to report to the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict--
(1) one of whom may be assigned to support the Assistant
Secretary in the discharge of responsibilities specified in clause
(i) of section 138(b)(2)(A) of title 10, United States Code; and
(2) one of whom may be assigned to support the Assistant
Secretary in the discharge of responsibilities specified in clause
(ii) of that section.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. ADDITIONAL REQUIREMENTS UNDER GENERAL POLICY FOR TOTAL
FORCE MANAGEMENT.
Section 129a(c)(2) of title 10, United States Code, is amended by
adding at the end the following: ``The Secretary of Defense shall
ensure that the requirements determination, planning, programming, and
budgeting conducted under this paragraph considers all components of
the total force (including active and reserve military, the civilian
workforce, and contract support) in a holistic manner--
``(A) to avoid duplication of efforts and waste of
resources attributable to a component working outside the scope
of its responsibilities; and
``(B) to ensure that risk, cost, and mission validation and
prioritization considerations are consistent with the national
defense strategy.''.
SEC. 912. ADDITION OF COLLEGE OF INTERNATIONAL SECURITY AFFAIRS TO
NATIONAL DEFENSE UNIVERSITY.
Section 2165(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) The College of International Security Affairs.''.
SEC. 913. CODIFICATION OF THE DEFENSE INNOVATION UNIT.
(a) Codification of Defense Innovation Unit.--
(1) In general.--Subchapter III of chapter 303 of title 10,
United States Code, is amended by adding at the end the following
new section:
``Sec. 4127. Defense innovation unit
``(a) Establishment.--There is established in the Department of
Defense a Defense Innovation Unit (referred to in this section as the
`Unit').
``(b) Director and Deputy Director.--There is a Director of the
Unit who shall be appointed by the Secretary of Defense from among
persons with substantial experience in innovation and commercial
technology, as determined by the Secretary.
``(c) Authority of Director.--The Director is the head of the Unit.
The Director--
``(1) shall serve as a principal staff assistant to the
Secretary of Defense on matters within the responsibility of the
Unit;
``(2) shall report directly to the Secretary without
intervening authority; and
``(3) may communicate views on matters within the
responsibility of the Unit directly to the Secretary without
obtaining the approval or concurrence of any other official within
the Department of Defense.
``(d) Responsibilities.--The Unit shall have the following
responsibilities:
``(1) Seek out, identify, and support development of and
experimentation with commercial technologies that have the
potential to be implemented within the Department of Defense.
``(2) Accelerate the adoption or integration of commercial
technologies within the Department of Defense to transform military
capacity and capabilities.
``(3) Serve as the principal liaison between the Department of
Defense and individuals and entities in the national security
innovation base, including entrepreneurs, startups, commercial
technology companies, and venture capital sources.
``(4) Carry out programs, projects, and other activities to
strengthen the national security innovation base.
``(5) Coordinate and harmonize the activities of other
organizations and elements of the Department of Defense on matters
relating to commercial technologies, dual use technologies, and the
innovation of such technologies.
``(6) Coordinate and advise efforts among elements of the
Department of Defense on matters relating to the development,
procurement, and fielding of nontraditional capabilities.
``(7) Coordinate with the Joint Staff and the commanders of the
combatant commands to identify operational challenges that have the
potential to be addressed through the use of nontraditional
capabilities, including dual-use technologies, that are being
developed and financed in the commercial sector.
``(8) Using funds made available to the Unit--
``(A) select projects to be carried out by one or more of
the service-level innovation organizations;
``(B) allocate funds to service-level innovation
organizations to carry out such projects; and
``(C) monitor the execution of such projects by the
service-level innovation organizations.
``(9) Serve as the principal liaison between the Department of
Defense, nontraditional defense contractors, investors in
nontraditional defense companies, and departments and agencies of
the Federal Government pursing nontraditional capabilities similar
to those pursued by the Department.
``(10) Lead engagement with industry, academia, and other
nongovernment entities to develop--
``(A) domestic capacity with respect to innovative,
commercial, and dual-use technologies and the use of
nontraditional defense contractors; and
``(B) the capacity of international allies and partners of
the United States with respect to such technologies and the use
of such contractors.
``(11) Carry out such other activities as the Secretary of
Defense determines appropriate.
``(e) Support for Multi-stakeholder Partnerships.--
``(1) The Director shall identify and support multi-stakeholder
research and innovation partnerships that--
``(A) have the potential to generate technologies,
processes, products, or other solutions that address national
defense or security needs; and
``(B) have as an objective the technology transfer or
commercialization of the work product generated by the
partnership, which may include work product that incorporates
Government-developed intellectual property licensed to the
partnership in accordance with paragraph (3).
``(2) Support provided by the Director to a multi-stakeholder
research and innovation partnership under this subsection may
include--
``(A) providing funding or other resources to the
partnership;
``(B) participating in the partnership;
``(C) providing technical and technological advice and
guidance to the partnership;
``(D) suggesting and introducing other participants for
inclusion in the partnership;
``(E) providing the partnership with insight into desired
solutions for defense and security needs; and
``(F) such other forms of support as the Director
determines appropriate.
``(3) To the extent the Director determines appropriate, the
Director shall seek to actively inform potential participants in
multi-stakeholder research and innovation partnerships of the
availability of Government-developed intellectual property that may
be licensed to the partnership.
``(4) On an annual basis, the Director shall submit to the
Secretary of Defense and the congressional defense committees a
report on the activities, advances, outcomes, and work product of
the multi-stakeholder research and innovation partnerships
supported under this subsection.
``(f) Definitions.--In this section:
``(1) The term `multi-stakeholder research and innovation
partnership' means a partnership composed of any combination of two
or more of the following:
``(A) Universities, colleges, or other institutions of
higher education with research and innovation capability.
``(B) Non-profit organizations that provide policy,
research, outreach, operations, organizational, management,
testing, evaluation, technology transfer, legal, financial, or
advocacy expertise.
``(C) For-profit commercial enterprises that may be
publicly or privately owned, early stage or mature, and
incorporated or operating by another ownership structure.
``(D) Departments or agencies of the Federal Government
with expertise, operations, or resources related to the
objectives of the multi-stakeholder research and innovation
partnership.
``(2) The term `nontraditional capability' means a solution to
an operational challenge that can significantly leverage commercial
innovation or external capital with minimal dependencies on fielded
systems.
``(3) The term `nontraditional defense contractor' has the
meaning given that term in section 3014 of this title.''.
(2) Modification of other transaction authority.--Section 4021
of title 10, United States Code, is amended--
(A) in subsection (b), by inserting ``, the Defense
Innovation Unit,'' after ``Defense Advanced Research Projects
Agency''; and
(B) in subsection (f), by striking ``and the Defense
Advanced Research Projects Agency'' and inserting ``, the
Defense Innovation Unit, and the Defense Advanced Research
Projects Agency''.
(3) Modification of authority to carry out certain prototype
projects.--Section 4022 of title 10, United States Code, is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``the Director of
the Defense Innovation Unit,'' after ``Defense Advanced
Research Projects Agency,'';
(ii) in paragraph (2)(A), by inserting ``, the Defense
Innovation Unit,'' after ``Defense Advanced Research
Projects Agency''; and
(iii) in paragraph (3), by inserting ``, Defense
Innovation Unit,'' after ``Defense Advanced Research
Projects Agency''; and
(B) in subsection (e)(1)--
(i) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F), respectively; and
(ii) by inserting after subparagraph (B) the following
new subparagraph:
``(C) the Director of the Defense Innovation Unit;''.
(4) Conforming amendments.--Section 1766 of title 10, United
States Code, is amended--
(A) in subsection (b), by striking ``as determined by the
Under Secretary of Defense for Research and Engineering'' and
inserting ``as determined by the Secretary of Defense''; and
(B) in subsection (c)(3), by striking ``as directed by the
Under Secretary of Defense for Research and Engineering'' and
inserting ``as directed by the Secretary of Defense''.
(b) Effective Date and Implementation.--
(1) Effective date.--The amendments made by subsection (a)
shall take effect 180 days after the date of the enactment of this
Act.
(2) Implementation.--Not later than the effective date
specified in paragraph (1), the Secretary of Defense shall issue or
modify any rules, regulations, policies, or other guidance
necessary to implement the amendments made by subsection (a).
(c) Manpower Sufficiency Evaluation.--
(1) Evaluation.--The Secretary of Defense shall evaluate the
staffing levels of the Defense Innovation Unit as of the date of
the enactment of this Act to determine if the Unit is sufficiently
staffed to achieve the responsibilities of the Unit under section
4127 of title 10, United States Code, as added by subsection (a) of
this section.
(2) Report.--Not later than the effective date specified in
subsection (b)(1), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the evaluation under
paragraph (1). The report shall include a plan--
(A) to address any staffing shortfalls identified as a part
of the assessment; and
(B) for funding any activities necessary to address such
shortfalls.
SEC. 914. REPEAL OF AUTHORITY TO APPOINT A NAVAL RESEARCH ADVISORY
COMMITTEE.
Section 8024 of title 10, United States Code, is repealed.
SEC. 915. ELIGIBILITY OF MEMBERS OF SPACE FORCE FOR INSTRUCTION AT
THE NAVAL POSTGRADUATE SCHOOL.
Section 8545 of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``and Coast Guard'' and
inserting ``Space Force, and Coast Guard''; and
(2) in subsection (c), by striking ``and Coast Guard'' and
inserting ``Space Force, and Coast Guard''.
SEC. 916. MEMBERSHIP OF THE AIR FORCE RESERVE FORCES POLICY
COMMITTEE.
Section 10305(b) of title 10, United States Code, is amended--
(1) by striking ``consists of'' and inserting ``shall have
voting members, who shall be'' before ``officers'';
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by inserting ``(1)'' before ``The committee''; and
(4) by adding at the end the following new paragraph:
``(2)(A) The committee shall have four nonvoting members, who shall
be the Chief Master Sergeants of the Air Force, the Air Force Reserve,
the Air National Guard, and the Space Force.
``(B) A nonvoting member who cannot attend a meeting of the
committee may designate a member in the grade of E-8 or E-9 to attend
in their stead.''.
SEC. 917. MODIFICATION OF CROSS-FUNCTIONAL TEAM TO ADDRESS EMERGING
THREAT RELATING TO ANOMALOUS HEALTH INCIDENTS.
Section 910 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 111 note) is amended--
(1) in subsection (a), by inserting ``, including capabilities
that plausibly could result in such incidents,'' after ``(as
defined by the Secretary)'';
(2) in subsection (b), by striking paragraphs (1) through (3)
and inserting the following new paragraphs:
``(1) to investigate and carry out such other activities as may
be necessary--
``(A) to identify anomalous health incidents;
``(B) to determine the causes and sources of such
incidents, including identification of any individuals,
entities, capabilities, or phenomena to which such incidents
may plausibly be attributed; and
``(C) to understand how such incidents may be mitigated and
treated;
``(2) to address the challenges posed by anomalous health
incidents, including by coordinating research into--
``(A) non-kinetic capabilities that plausibly might result
in such incidents, such as anti-personnel capabilities and
directed energy capabilities;
``(B) the detection and mitigation of such capabilities;
and
``(C) the development of countermeasures for such
capabilities;
``(3) to integrate and deconflict the efforts of the Department
of Defense regarding anomalous health incidents with the efforts of
other departments or agencies of the Federal Government regarding
such incidents; and
``(4) to undertake any other efforts regarding non-kinetic
threats to personnel and anomalous health incidents that the
Secretary considers appropriate.'';
(3) in subsection (d), by striking ``in consultation with the
Director of National Intelligence and''; and
(4) in subsection (e)(2)--
(A) by striking ``March 1, 2026'' and inserting ``March 1,
2028''; and
(B) by striking ``with respect to the efforts of the
Department regarding anomalous health incidents'' an inserting
``on any activities carried out to fulfill the duties specified
in subsection (b) since the date of the preceding briefing
under this section''.
SEC. 918. TECHNOLOGY RELEASE AND FOREIGN DISCLOSURE REFORM
INITIATIVE.
(a) Initiative Required.--
(1) In general.--The Secretary of Defense shall carry out an
initiative to reform and improve the policies, processes, and
procedures applicable to technology release and foreign disclosure
decisions by the Department of Defense.
(2) Objectives.--The objectives of such initiative shall be--
(A) to develop recommendations for the continuous
improvement of such policies, processes, and procedures within
the Department and across other departments and agencies of the
Federal Government involved in technology release and foreign
disclosure decisions;
(B) to increase efficiency and reduce timelines for the
processing of such decisions;
(C) to standardize, to the extent practicable, processes
and information sharing systems applicable to such decisions;
and
(D) to provide for the continuous exchange of timely and
relevant information among--
(i) the principal organizations involved in technology
release and foreign disclosure decisions;
(ii) the broader acquisition and program executive
officer communities; and
(iii) interagency partners of the Department.
(3) Method of implementation.--For purposes of the initiative
required under paragraph (1), the Secretary of Defense may--
(A) establish a new initiative;
(B) modify an existing initiative of the Department of
Defense; or
(C) carry out the initiative through a combination of the
approaches described in subparagraphs (A) and (B).
(b) Metrics.--
(1) In general.--In conjunction with the initiative required
under subsection (a), the Under Secretary of Defense for Policy
shall develop metrics for the management of the technology release
and foreign disclosure process to provide objective and subjective
measures of performance and improve senior leader decision-making
in the Department of Defense.
(2) Elements.--The metrics developed under paragraph (1) shall
include--
(A) methods for tracking individual technology release and
foreign disclosure decisions made by the Defense Technology
Security Administration;
(B) objectives and deadlines related to the completion of
such decisions; and
(C) a method of prioritizing among technology release and
foreign disclosure requests that takes into account--
(i) the importance of the request to the national
security of the United States; and
(ii) the risks associated with the release or
disclosure.
(3) Briefing required.--Not later than June 1, 2024, the Under
Secretary of Defense for Policy shall provide to the congressional
defense committees a briefing on the metrics developed under
paragraph (1).
(c) Designation of Points of Contact.--Not later than 90 days after
the date of the enactment of this Act--
(1) the Under Secretary of Defense for Policy shall establish
or designate--
(A) one position within the Office of the Under Secretary
to lead the development and oversee the implementation of
technology release and foreign disclosure policies for the
Department of Defense; and
(B) one position within the Office to coordinate
information and outreach to relevant stakeholders on relevant
Department of Defense technology release and foreign disclosure
policies and to respond to inquiries from representatives of
the commercial defense industry and partner countries; and
(2) each Secretary of a military department shall establish or
designate--
(A) one position within the department under the
jurisdiction of such Secretary to lead the development and
oversee the implementation of technology release and foreign
disclosure policies for that department; and
(B) one position within such department to coordinate
information and outreach to relevant stakeholders on relevant
Department of Defense technology release and foreign disclosure
policies and to respond to inquiries from representatives of
the commercial defense industry and partner countries.
(d) Report Required.--
(1) In general.--Not later than December 31, 2024, the
Secretary of Defense shall submit to the congressional defense
committees a report that includes the following:
(A) An assessment of the staffing levels of the
organizations specified in paragraph (2).
(B) An assessment of the feasibility and advisability of
consolidating the functions and organizations of the Department
of Defense involved in technology release and foreign
disclosure decisions, including the organizations specified in
paragraph (2).
(C) A review of any statutes and regulations applicable to
technology release and foreign disclosure, together with
recommendations for any changes to such statutes and
regulations.
(D) A survey and description of the data and methodology
used to assess operational risk, technology risk, and the
effects of technology release and foreign disclosure decisions
on the defense industrial base.
(E) An assessment of the benefits of developing and
implementing anticipatory policies for technology release and
foreign disclosure that include standardized capability
thresholds for countries and geopolitical regions, especially
for emerging capabilities for partners and allies of the United
States.
(F) An assessment of the extent to which the lessons
learned from technology release and foreign disclosure
decisions made in support of the Ukraine conflict have been
applied to broader processes.
(2) Organizations specified.--The organizations specified in
this paragraph are--
(A) the Defense Technology Security Administration;
(B) the Low Observable/Counter Low Observable Tri-Service
Committee;
(C) the Executive Agent for Anti-Tamper;
(D) the Communications Security Review and Advisory Board;
and
(E) the organizations responsible for technology release
and foreign disclosure in each of the military departments.
SEC. 919. SOFTWARE-BASED CAPABILITY TO FACILITATE SCHEDULING
BETWEEN THE DEPARTMENT OF DEFENSE AND CONGRESS.
Not later than September 30, 2024, the Secretary of Defense shall
seek to develop and implement a software-based capability to facilitate
the mutual scheduling of engagements between the Department of Defense
and the congressional defense committees. Such capability shall--
(1) enable the automated transmission of scheduling data to and
from the congressional defense committees; and
(2) be compatible and interoperable with the information
technology systems of such committees.
SEC. 920. METRICS TO OPERATIONALIZE AUDIT READINESS.
(a) Metrics Required.--
(1) In general.--The Secretary of Defense, in coordination with
the Secretaries of the military departments, shall develop a set of
metrics that reflect the Secretary's audit remediation goals and
metrics to measure progress made by the military departments with
respect to such goals.
(2) FFRDC support.--The Secretary of Defense may enter into a
contract or other agreement with a federally funded research and
development center or university-affiliated research center to
support the development of the metrics required under paragraph
(1).
(3) Deadline.--The Secretary of Defense shall develop and
implement an initial set of metrics under paragraph (1) by not
later than April 30, 2025.
(b) Leader Performance Assessments.--
(1) In general.--The Secretary of Defense, in coordination with
the Secretaries of the military departments and the Under Secretary
of Defense for Personnel and Readiness, shall evaluate means by
which the metrics developed under subsection (a) can be used in the
performance evaluation of general officers, flag officers, and
employees of the military departments who are members of the Senior
Executive Service.
(2) Briefing required.--Not later than September 30, 2024, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing
on the evaluation conducted under paragraph (1). The briefing shall
include the following:
(A) Identification of the general officer, flag officer,
and Senior Executive Service positions in the military
departments for which it would be appropriate to use the
metrics developed under subsection (a) in support of the
performance evaluation process.
(B) Evaluations of available measures to reward or
recognize superior or above-average performance with respect to
such metrics.
(C) Assessment of the potential value, and challenges, to
integrating such measures into the annual performance
evaluations for positions identified under subparagraph (A).
(D) Any other issues the Secretary considers appropriate.
SEC. 921. NEXT GENERATION BUSINESS HEALTH METRICS.
(a) Metrics Required.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall develop an
updated set of business health metrics to inform decision-making by
senior leaders of the Department of Defense.
(b) Elements.--In developing the metrics required by subsection
(a), the Secretary of Defense shall--
(1) using the latest literature on performance measurement,
determine what additional new metrics should be implemented, or
current metrics should be adapted, to reduce output-based measures
and emphasize objective, measurable indicators aligned to enduring
strategic goals of the Department of Defense;
(2) assess the current business processes of the Department and
provide recommendations to align the metrics with available data
sources to determine what gaps might exist in such processes;
(3) ensure that data can be collected automatically and, on a
long-term basis, in a manner that provides for longitudinal
analysis;
(4) link the metrics with the Strategic Management Plan and
other performance documents guiding the Department;
(5) identify any shortfalls in resources, data, training,
policy, or law that could be an impediment to implementing the
metrics;
(6) revise leading and lagging indicators associated with each
such metric to provide a benchmark against which to assess
progress;
(7) improve visualization of and comprehension for the use of
the metrics in data-driven decision-making, including adoption of
new policies and training as needed;
(8) incorporate the ability to aggregate and disaggregate data
to provide the ability to focus on functional, component-level
metrics; and
(9) increase standardization of the use and collection of
business health metrics across the Department.
(c) Additional Support.--The Secretary of Defense may enter into a
contract or other agreement with a federally funded research and
development center or university-affiliated research center to support
the development of the metrics required under subsection (a).
SEC. 922. INDEPENDENT ASSESSMENT OF DEFENSE BUSINESS ENTERPRISE
ARCHITECTURE.
(a) In General.--The Secretary of Defense shall seek to enter into
a contract or other agreement with a federally funded research and
development center or a university affiliated research center to
conduct an independent assessment of the defense business enterprise
architecture developed under section 2222(e) of title 10, United States
Code.
(b) Elements.--The assessment required by subsection (a) shall
include the following elements:
(1) An assessment of the effectiveness of the defense business
enterprise architecture as of the date of the enactment of this Act
in providing an adequate and useful framework for planning,
managing, and integrating the business systems of the Department of
Defense.
(2) A comparison of the defense business enterprise
architecture with similar models in use by other government
agencies in the United States, foreign governments, and major
commercial entities, including an assessment of any lessons from
such models that might be applied to the defense business
enterprise architecture.
(3) An assessment of the adequacy of the defense business
enterprise architecture in informing business process reengineering
and being sufficiently responsive to changes in business processes
over time.
(4) An identification of any shortfalls or implementation
challenges in the utility of the defense business enterprise
architecture.
(5) Recommendations for replacement of the existing defense
business enterprise architecture or for modifications to the
existing architecture to make that architecture and the process for
updating that architecture more effective and responsive to the
business process needs of the Department.
(c) Interim Briefing.--Not later than April 1, 2024, the Secretary
of Defense shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the status of the
assessment required by subsection (a).
(d) Final Report.--Not later than January 30, 2025, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the results of the
assessment required by subsection (a).
SEC. 923. FUTURE FORCE DESIGN OF THE DEPARTMENT OF THE AIR FORCE.
(a) Force Design Required.--Not later than August 31, 2024, the
Secretary of the Air Force shall develop a force design for the Air
Force and Space Force projected through 2050.
(b) Elements.--The force design under subsection (a) shall
address--
(1) the concepts, capabilities, and structural elements
(including size and form) of the Air Force and Space Force that are
necessary to ensure those forces effectively execute their core
functions through 2050 in support of the National Defense Strategy
and the National Military Strategy;
(2) force structure, including the development of capabilities
(including platforms and systems) at the correct level of capacity
to address the challenges outlined by the National Defense Strategy
and the National Military Strategy;
(3) force composition, including recruitment and development of
human capital, effective distribution of forces in the total force,
and policies to increase career flexibility across the various
components of the force;
(4) organizational design, including development of potential
models to increase agility and operational effectiveness across the
Air Force and Space Force; and
(5) such other matters as the Secretary of the Air Force
determines to be relevant.
(c) Information to Congress.--Not later than 60 days after
completion of the force design required under subsection (a), the
Secretary of the Air Force shall--
(1) submit a summary of the force design to the congressional
defense committees; and
(2) provide to the congressional defense committees a briefing
on the force design.
SEC. 924. FEASIBILITY STUDY ON THE CONSOLIDATION OR TRANSFER OF
SPACE FUNCTIONS OF THE NATIONAL GUARD TO THE SPACE FORCE.
(a) Study Required.--The Secretary of Defense shall conduct a study
to assess the feasibility and advisability of transferring all covered
space functions of the National Guard to the Space Force.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An analysis and recommendations addressing, at a minimum,
each of the following courses of action with respect to the covered
space functions of the National Guard:
(A) Maintaining the current model under which the Air
National Guard has units and personnel performing such
functions.
(B) Transferring such functions, including units and
personnel, to the Space Force.
(C) The establishment of a new National Guard component of
the Space Force to perform such functions.
(2) A cost-benefit analysis for each course of action addressed
under paragraph (1).
(3) An assessment any risks or benefits to the mission or
readiness of the Space Force, including the ability of the Space
Force to meet applicable objectives of the National Defense
Strategy, that may be presented by transferring or consolidating
units of the Air National Guard as described in paragraph (1).
(c) Interim Briefing.--Not later than February 1, 2024, the
Secretary of Defense shall provide to the Committees on Armed Services
of the Senate and House of Representatives an interim briefing on the
preliminary results of the study conducted under subsection (a).
(d) Final Report.--
(1) In general.--Not later than March 1, 2024, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the final results
of the study conducted under subsection (a), including the results
of the study with respect to each element specified in subsection
(b).
(2) Form of report.--The report required under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(e) Covered Space Functions of the National Guard Defined.--In this
section, the term ``covered space functions of the National Guard''
means all units, personnel billets, equipment, and resources of the Air
National Guard associated with the performance a space related function
that is (as determined by the Secretary of the Air Force, in
consultation with the Chief of Space Operations)--
(1) a core space-related function of the Space Force; or
(2) otherwise integral to the mission of the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Annual report on budget prioritization by Secretary of
Defense and military departments.
Sec. 1003. Additional reporting requirements related to unfunded
priorities of armed forces and combatant commands.
Sec. 1004. Audit requirement for Department of Defense components.
Sec. 1005. Requirement for unqualified opinion on Department of Defense
financial statements.
Subtitle B--Counterdrug Activities
Sec. 1010. Enhanced support for counterdrug activities and activities to
counter transnational organized crime.
Sec. 1011. Modification of support for counterdrug activities and
activities to counter transnational organized crime: increase
in cap for small scale construction projects.
Sec. 1012. Drug interdiction and counter-drug activities.
Sec. 1013. Disruption of fentanyl trafficking.
Subtitle C--Naval Vessels and Shipyards
Sec. 1015. Modifications to annual naval vessel construction plan.
Sec. 1016. Critical components of national sea-based deterrence vessels.
Sec. 1017. Grants for improvement of Navy ship repair or alterations
capability.
Sec. 1018. Repeal of obsolete provision of law regarding vessel
nomenclature.
Sec. 1019. Responsibility of Commandant of the Marine Corps with respect
to naval battle force ship assessment and requirement
reporting.
Sec. 1020. Policy of the United States on shipbuilding defense
industrial base.
Sec. 1021. Prohibition on retirement of certain naval vessels.
Sec. 1022. Authority to use incremental funding to enter into a contract
for the advance procurement and construction of a San Antonio-
class amphibious ship.
Sec. 1023. Authority to use incremental funding to enter into a contract
for the advance procurement and construction of a submarine
tender.
Sec. 1024. Biannual briefings on submarine readiness.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1033. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Limitation on availability of certain funds until submission
of Chairman's Risk Assessment; briefing requirement.
Sec. 1042. Assistance in support of Department of Defense accounting for
missing United States Government personnel.
Sec. 1043. Implementation of arrangements to build transparency,
confidence, and security.
Sec. 1044. Modification to definitions of Confucius Institute.
Sec. 1045. Termination of authority to issue waiver of limitation on use
of funds to institutions of higher education hosting Confucius
Institutes.
Sec. 1046. Vetting procedures and monitoring requirements for allies and
partners participating in education or training activities in
the United States.
Sec. 1047. Authority to include funding requests for the chemical and
biological defense program in budget accounts of military
departments.
Sec. 1048. Limitation on availability of funds until delivery of report
on next generation tactical communications.
Sec. 1049. Establishment of procedure of the Department of Defense to
determine certain complaints or requests regarding public
displays or public expressions of religion on property of the
Department.
Sec. 1050. Limitation on availability of funds for destruction of
landmines.
Sec. 1051. Limitation on availability of funds for travel expenses of
Office of the Secretary of Defense until submission of certain
plans.
Sec. 1052. Prohibition on display of unapproved flags.
Sec. 1053. Collaboration with partner countries to develop and maintain
military-wide transformational strategies for operational
energy.
Sec. 1054. Student loan deferment for dislocated military spouses.
Subtitle F--Studies and Reports
Sec. 1061. Modifications of reporting requirements.
Sec. 1062. Extension of requirement to submit a report on Department of
Defense support for Department of Homeland Security at the
international borders of the United States.
Sec. 1063. Briefing on Defense POW/MIA Accounting Agency capabilities
required to expand accounting for persons missing from
designated past conflicts.
Sec. 1064. Air Force plan for maintaining proficient aircrews in certain
mission areas.
Sec. 1065. Independent study on naval mine warfare.
Sec. 1066. Annual report and briefing on implementation of Force Design
2030.
Sec. 1067. Study and report on potential inclusion of black box data
recorders in tactical vehicles.
Sec. 1068. Plan on countering human trafficking.
Sec. 1069. Update to strategic plan on Department of Defense combating
trafficking in persons program.
Sec. 1070. Report on use of tactical fighter aircraft for deployments
and homeland defense missions.
Sec. 1071. Report on equipping certain ground combat units with small
unmanned aerial systems.
Sec. 1072. Biannual briefings on homeland defense planning.
Sec. 1073. Report on effectiveness of current use of United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1074. Holistic training range assessment.
Sec. 1075. Special operations force structure.
Sec. 1076. Comprehensive assessment of Marine Corps Force Design 2030.
Sec. 1077. Assessment and recommendations relating to infrastructure,
capacity, resources, and personnel on Guam.
Sec. 1078. Feasibility study on conversion of Joint Task Force North
into Joint Interagency Task Force North.
Subtitle G--Other Matters
Sec. 1080. Modification of definition of domestic source for title III
of the Defense Production Act of 1950.
Sec. 1081. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for oversight
purposes.
Sec. 1082. Modification of compensation for members of the Afghanistan
War Commission.
Sec. 1083. Senate National Security Working Group.
Sec. 1084. Tribal liaisons at military installations.
Sec. 1085. Commercial integration cell plan within certain combatant
commands.
Sec. 1086. Guidance for use of unmanned aircraft systems by National
Guard.
Sec. 1087. Public disclosure of Afghanistan war records.
Sec. 1088. Implementation plan for Joint Concept for Competing.
Sec. 1089. Notification of safety and security concerns at certain
Department of Defense laboratories.
Sec. 1090. Conduct of weather reconnaissance in the United States.
Sec. 1091. Sense of Congress regarding authority of Secretary of Defense
with respect to irregular warfare.
Sec. 1092. Red Hill health impacts.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year 2024
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the total
amount of authorizations that the Secretary may transfer under the
authority of this section may not exceed $6,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred;
and
(2) may not be used to provide authority for an item that has
been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. ANNUAL REPORT ON BUDGET PRIORITIZATION BY SECRETARY OF
DEFENSE AND MILITARY DEPARTMENTS.
Chapter 9 of title 10, United States Code, is amended by inserting
after section 222d the following new section:
``Sec. 222e. Programs, projects, and activities that were internally
changed in the submission of the President's budget: annual report
``(a) In General.--The Secretary of Defense, acting through the
Secretaries of the military departments and the officers of Department
of Defense agencies and offices not under the control of a Secretary of
a military department, shall submit to the congressional defense
committees each year, not later than 30 days after the submission of
the budget of the President for the fiscal year beginning in such year
under section 1105(a) of title 31, a report that includes organized
tabulations of programs, projects, and activities in research,
development, test, and evaluation, procurement, and military
construction the total obligational authority for which was changed in
the current budget year proposal compared to the prior-year projection
for the current year.
``(b) Elements.--The tabulations required under subsection (a)
shall include, for each program, project, or activity that was
internally changed, the following elements:
``(1) Whether the program, project, or activity was added,
eliminated, or reduced and in which fiscal year.
``(2) The appropriations sub-account.
``(3) The appropriate program element, line item number, or
sub-activity group.
``(4) The program, project, or activity name.
``(5) The prior year enacted appropriation.
``(6) The prior year projected current year budget.
``(7) The current year budget request.
``(8) If applicable, the amount reduced or saved by the current
year elimination or reduction over the future years defense plan.
``(9) A characterization of the change as a fact-of-life
change, a prioritization change, a programmatic change, or a change
due to congressional action.
``(c) Form.--The report required under subsection (a) shall be
submitted in machine readable, electronic form.''.
SEC. 1003. ADDITIONAL REPORTING REQUIREMENTS RELATED TO UNFUNDED
PRIORITIES OF ARMED FORCES AND COMBATANT COMMANDS.
Section 222a(c)(1) of title 10, United States Code, is amended by
adding at the end the following new subparagraphs:
``(E) The requirement to be addressed by the unfunded
priority.
``(F) The reason why funding for the priority was not
included in the budget of the President.
``(G) A description of any funding provided for the
requirement for the current and preceding fiscal year.
``(H) An assessment of the effect that providing funding
for the priority would have on the future-years defense
plan.''.
SEC. 1004. AUDIT REQUIREMENT FOR DEPARTMENT OF DEFENSE COMPONENTS.
(a) In General.--During fiscal year 2024, and during each of the
nine fiscal years thereafter, each component of the Department of
Defense shall be subject to an independent audit. Any such component
that fails to be subject to such an audit during any fiscal year shall
have 1.5 percent of unobligated amounts available for the component be
cancelled and returned to the general fund of the Treasury for deficit
reduction, except as provided in subsection (b).
(b) Exceptions.--The following accounts are excluded from any
reductions:
(1) Military personnel, reserve personnel, and National Guard
personnel accounts of the Department of Defense.
(2) The Defense Health Program account of the Department of
Defense.
SEC. 1005. REQUIREMENT FOR UNQUALIFIED OPINION ON DEPARTMENT OF DEFENSE
FINANCIAL STATEMENTS.
The Secretary of Defense shall ensure that the Department of
Defense has received an unqualified opinion on the financial statements
of the Department by not later than December 31, 2028.
Subtitle B--Counterdrug Activities
SEC. 1010. ENHANCED SUPPORT FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES
TO COUNTER TRANSNATIONAL ORGANIZED CRIME.
Section 284(b)(9) of title 10, United States Code, is amended by
striking ``linguist and intelligence analysis'' and inserting
``linguist, intelligence analysis, and planning''.
SEC. 1011. MODIFICATION OF SUPPORT FOR COUNTERDRUG ACTIVITIES AND
ACTIVITIES TO COUNTER TRANSNATIONAL ORGANIZED CRIME: INCREASE IN CAP
FOR SMALL SCALE CONSTRUCTION PROJECTS.
Section 284(i)(3) of title 10, United States Code, is amended by
striking ``$750,000'' and inserting ``$1,000,000''.
SEC. 1012. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES.
Section 112(a)(3) of title 32, United States Code, is amended by
striking ``$5,000'' and inserting ``$15,000''.
SEC. 1013. DISRUPTION OF FENTANYL TRAFFICKING.
(a) Development of Strategy to Counter Fentanyl Trafficking.--
(1) Strategy.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of State and the Attorney General and in
coordination with appropriate Federal, State, Tribal, and local law
enforcement agencies, shall develop and submit to the appropriate
congressional committees a strategy to address threats to the
national security of the United States caused or exacerbated by
fentanyl trafficking.
(2) Contents.--The strategy required by paragraph (1) shall
outline how the Secretary of Defense will--
(A) leverage existing authorities regarding counterdrug and
counter-transnational organized crime activities with a
counter-fentanyl nexus to detect and monitor activities related
to fentanyl trafficking;
(B) leverage existing authorities, as appropriate, to
support operations to counter fentanyl trafficking carried out
by Federal, State, Tribal, and local law enforcement agencies,
or foreign security forces;
(C) coordinate efforts of the Department of Defense for the
detection and monitoring of aerial, maritime, and surface
traffic suspected of carrying fentanyl bound for the United
States, including efforts to unify the use of technology,
surveillance, and related resources across air and maritime
domains to counter fentanyl trafficking, including with respect
to data collection, data processing, and integrating sensors
across such domains, consistent with paragraphs (6) and (10) of
section 284(b) of title 10, United States Code, and section 124
of title 10, United States Code;
(D) provide Department of Defense-specific capabilities to
support activities by the United States Government and foreign
security forces to detect and monitor the trafficking of
fentanyl and precursor chemicals used in fentanyl production,
consistent with relevant existing law;
(E) leverage existing counterdrug and counter-transnational
organized crime programs of the Department to counter fentanyl
trafficking;
(F) assess existing training programs of the Department and
assess whether opportunities exist for the provision of
training for Federal, State, Tribal, and local law enforcement
agencies to counter fentanyl trafficking, consistent with
section 284(b)(5) of title 10, United States Code;
(G) engage with foreign security forces to ensure the
counterdrug and counter-transnational organized crime programs
of the Department--
(i) support efforts to counter fentanyl trafficking;
and
(ii) build capacity to interdict fentanyl in foreign
countries, including programs to train security forces in
partner countries to counter fentanyl trafficking,
including countering illicit flows of fentanyl precursors,
consistent with sections 284(c) and 333 of title 10, United
States Code;
(H) increase domain awareness to detect and monitor
fentanyl trafficking through the North American Defense
Ministerial and the bilateral defense working groups and
bilateral military cooperation roundtables with Canada and
Mexico;
(I) evaluate existing policies, procedures, processes,
resources, and existing joint interagency task forces focused
on supporting the countering of fentanyl trafficking by
Federal, State, Tribal, and local law enforcement agencies,
consistent with existing counterdrug and counter-transnational
organized crime authorities;
(J) describe any previous actions taken by the Department
of Defense in cyberspace to counter illegal activities by
transnational criminal organizations that traffic fentanyl; and
(K) assess the resources that the Secretary can deploy to
counter transnational criminal organizations' cyber activities.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(4) Briefing.--Not later than 60 days after the submission of
the strategy required by paragraph (1), the Secretary shall provide
to the appropriate congressional committees a briefing on the
strategy and plans for its implementation.
(b) Cooperation With Mexico.--The Secretary of Defense shall seek
to enhance cooperation with defense officials of the Government of
Mexico to target, disrupt, and degrade transnational criminal
organizations within Mexico that traffic fentanyl.
(c) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Armed Services of the House of
Representatives;
(3) the Committee on Foreign Affairs of the House of
Representatives;
(4) the Committee on Foreign Relations of the Senate;
(5) the Committee on the Judiciary of the Senate; and
(6) the Committee on the Judiciary of the House of
Representatives.
Subtitle C--Naval Vessels and Shipyards
SEC. 1015. MODIFICATIONS TO ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.
Section 231 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting before the period at the
end the following: ``, together with the views of the Chief of
Naval Operations and Commandant of the Marine Corps on the
budget''; and
(B) by adding at the end the following new paragraph:
``(3) The unaltered assessment of the Chief of Naval Operations
and the Commandant of the Marine Corps of the plan required under
paragraph (1).''; and
(2) in subsection (b), by adding at the end the following new
paragraphs:
``(3) In developing annual naval vessel construction plans for
purposes of subsection (a)(1), the Secretary of the Navy shall take
into consideration the most recent biennial report on shipbuilder
training and the defense industrial base required by section 8693 of
this title.''.
SEC. 1016. CRITICAL COMPONENTS OF NATIONAL SEA-BASED DETERRENCE
VESSELS.
Section 2218a(k)(3) of title 10, United States Code, is amended by
adding at the end the following new subparagraphs:
``(P) Major bulkheads and tanks.
``(Q) All major pumps and motors.
``(R) Large vertical array.
``(S) Atmosphere control equipment.
``(T) Diesel systems and components.
``(U) Hydraulic valves and components.
``(V) Bearings.
``(W) Major air and blow valves and components.
``(X) Decks and superstructure.
``(Y) Castings, forgings, and tank structure.
``(Z) Hatches and hull penetrators.''.
SEC. 1017. GRANTS FOR IMPROVEMENT OF NAVY SHIP REPAIR OR ALTERATIONS
CAPABILITY.
Chapter 131 of title 10, United States Code, is amended by
inserting after section 2218a the following new section:
``Sec. 2219. Grants for improvement of Navy ship repair or alterations
capability
``(a) Assistance Authorized.--(1) Subject to the availability of
appropriations, the Secretary of the Navy may make grants to an
eligible entity for the purpose of carrying out--
``(A) a capital improvement project; or
``(B) a maritime training program designed to foster technical
skills and operational productivity.
``(2) The amount of a grant under this section may not exceed 75
percent of the total cost of the project or program funded by the
grant.
``(3) A grant provided under this section may not be used to
construct buildings or other physical facilities, except for piers, dry
docks, and structures in support of piers and dry docks, or to acquire
land.
``(4) The Secretary may not award a grant to an eligible entity
under this section unless the Secretary determines that--
``(A) the entity has access to sufficient non-Federal funding
to meet the requirement under paragraph (2);
``(B) the entity has authority to carry out the proposed
project; and
``(C) the project or program would improve--
``(i) efficiency, competitive operations, capability, or
quality of United States Navy ship repair or alterations; or
``(ii) employee, or potential employee, skills and enhanced
productivity related to United States Navy ship repair or
alterations.
``(b) Eligibility.--To be eligible for a grant under this section,
an entity shall--
``(1) be a shipyard or other entity that provides ship repair
or alteration for non-nuclear ships;
``(2) submit an application, at such time, in such form, and
containing such information and assurances as the Secretary may
require, including a comprehensive description of--
``(A) the need for the project or program proposed to be
funded under the grant;
``(B) the methodology to be used to implement the project
or program; and
``(C) any existing programs or arrangements that could be
used to supplement or leverage a grant provided under this
section; and
``(3) enter into an agreement with the Secretary under which
the entity agrees--
``(A) to complete the project or program funded by the
grant within a certain timeframe and without unreasonable delay
and the Secretary determines such project or program is likely
to be completed within the timeframe provided in such
agreement;
``(B) to return to the Secretary any amount of the grant
that is--
``(i) not used by the grant recipient for the purpose
for which the grant was awarded; or
``(ii) not obligated or expended within the timeframe
provided in the agreement;
``(C) to maintain such records as the Secretary may require
and make such records available for review and audit by the
Secretary; and
``(D) not to purchase any product or material for the
project or program using grant funds, including any
commercially available off-the-shelf item, unless such product
or material is--
``(i) an unmanufactured article, material, or supply
that has been mined or produced in the United States; or
``(ii) a manufactured article, material, or supply that
has been manufactured in the United States substantially
all from articles, materials, or supplies mined, produced,
or manufactured in the United States.
``(c) Guidelines.--The Secretary shall issue guidelines to
establish appropriate accounting, reporting, and review procedures to
ensure that--
``(1) amounts awarded as grants under this section are used for
the purposes for which such amounts were made available; and
``(2) an entity that receives a grant under this section
complies with the terms of the agreement such entity enters into
with the Secretary pursuant to subsection (b)(3).
``(d) Definitions.--In this section:
``(1) The term `commercially available off-the-shelf item'--
``(A) means any item of supply (including construction
material) that is--
``(i) a commercial item, as defined by section 2.101 of
title 48, Code of Federal Regulations (as in effect on the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2024); and
``(ii) sold in substantial quantities in the commercial
marketplace; and
``(B) does not include bulk cargo, as defined in section
40102(4) of title 46, such as agricultural products and
petroleum products.
``(2) The term `product or material', with respect to a project
or program--
``(A) means an article, material, or supply brought to the
site where the project or program is being carried out for
incorporation into the project or program; and
``(B) includes an item brought to the site preassembled
from articles, materials, or supplies.
``(3) The term `United States' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands.''.
SEC. 1018. REPEAL OF OBSOLETE PROVISION OF LAW REGARDING VESSEL
NOMENCLATURE.
Section 8662 of title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
SEC. 1019. RESPONSIBILITY OF COMMANDANT OF THE MARINE CORPS WITH
RESPECT TO NAVAL BATTLE FORCE SHIP ASSESSMENT AND REQUIREMENT
REPORTING.
Section 8695(e) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Amphibious Warfare
Ships'' and inserting ``Responsibilities of Commandant of Marine
Corps''; and
(2) by inserting before the period at the end the following:
``and for naval vessels with the primary mission of transporting
Marines''.
SEC. 1020. POLICY OF THE UNITED STATES ON SHIPBUILDING DEFENSE
INDUSTRIAL BASE.
Section 1025(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 7291 note) is amended--
(1) by striking ``United States'' and all that follows and
inserting ``United States--''; and
(2) by adding at the end the following new paragraphs:
``(1) to have available, as soon as practicable, not fewer than
355 battle force ships, comprised of the optimal mix of platforms,
with funding subject to the availability of appropriations or other
funds; and
``(2) that the United States shipbuilding defense industrial
base is fundamental to achieving the shipbuilding requirements of
the Navy and constitutes a unique national security imperative that
requires sustainment and support by the Navy and Congress.''.
SEC. 1021. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL VESSELS.
None of the funds authorized to be appropriated by this Act for
fiscal year 2024 may be obligated or expended to retire, prepare to
retire, or place in storage any of the following naval vessels:
(1) USS Germantown (LSD 42).
(2) USS Gunston Hall (LSD 44).
(3) USS Tortuga (LSD 46).
(4) USS Shiloh (CG 67).
SEC. 1022. AUTHORITY TO USE INCREMENTAL FUNDING TO ENTER INTO A
CONTRACT FOR THE ADVANCE PROCUREMENT AND CONSTRUCTION OF A SAN ANTONIO-
CLASS AMPHIBIOUS SHIP.
(a) In General.--Amounts authorized to be appropriated by this Act
or otherwise made available for the Navy for Shipbuilding and
Conversion for any of fiscal years 2023 through 2025 may be used by the
Secretary of the Navy to enter into an incrementally funded contract
for the advance procurement and construction of a San Antonio-class
amphibious ship.
(b) Availability of Funds.--A contract entered into under
subsection (a) shall provide that any obligation of the United States
to make a payment under the contract is subject to the availability of
appropriations for that purpose, and that total liability to the
Government for the termination of the contract shall be limited to the
total amount of funding obligated at time of termination.
SEC. 1023. AUTHORITY TO USE INCREMENTAL FUNDING TO ENTER INTO A
CONTRACT FOR THE ADVANCE PROCUREMENT AND CONSTRUCTION OF A SUBMARINE
TENDER.
(a) In General.--Amounts authorized to be appropriated by this Act
or otherwise made available for the Navy for Shipbuilding and
Conversion for fiscal year 2024 may be used by the Secretary of the
Navy to enter into an incrementally funded contract for the advance
procurement and construction of a submarine tender.
(b) Availability of Funds.--A contract entered into under
subsection (a) shall provide that any obligation of the United States
to make a payment under the contract is subject to the availability of
appropriations for that purpose, and that total liability to the
Government for the termination of the contract shall be limited to the
total amount of funding obligated at time of termination.
SEC. 1024. BIANNUAL BRIEFINGS ON SUBMARINE READINESS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and once every 180 days thereafter until
September 30, 2026, the Secretary of the Navy shall provide to the
congressional defense committees a briefing on submarine maintenance
and readiness.
(b) Elements.--Each briefing required under subsection (a) shall
include the following:
(1) An overview of submarine maintenance activities,
including--
(A) the original estimated schedule for completion of
attack, ballistic, and guided missile submarine depot-level
maintenance activities;
(B) any adjustments made to such schedule;
(C) in the case of any such adjustment--
(i) the reason why the adjustment was necessary; and
(ii) an identification of the new timeframe for
completion and any additional costs, broken out by shipyard
or private entity (by site), by name, and by type of
submarine;
(iii) a discussion of the reasons for the scheduling
delays (manpower, parts, or other), including projections
with respect to the availability of parts;
(iv) a discussion of how the cannibalization of
submarines for parts affects the overall maintenance
capacity and scheduling, as well as a discussion on how
moving money from program to program during the year of
execution affects the scheduling of maintenance; and
(v) a discussion of the efforts the Navy has taken to
address the ongoing delays.
(2) A discussion of ongoing Shipyard Infrastructure
Optimization Program efforts and how such efforts affect depot-
level maintenance activities for attack, ballistic, and guided
missile submarines.
(3) A discussion of how the Department of the Navy is applying
lessons learned from other Navy programs to the submarine
maintenance enterprise.
(4) Recommendations for legislative changes required with
respect to policies or resources to ensure efficient and effective
maintenance and operational readiness for the submarine enterprise.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as most
recently amended by section 1031 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263), is
further amended by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR
MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED
FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1954), as most recently amended by section 1032 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263), is further amended by striking ``December 31, 2023'' and
inserting ``December 31, 2024''.
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most
recently amended by section 1033 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263), is
further amended by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended
by section 1034 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263), is further amended by
striking ``2023'' and inserting ``2024''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF CHAIRMAN'S RISK ASSESSMENT; BRIEFING REQUIREMENT.
(a) Office of the Chairman of the Joint Chiefs of Staff.--Of the
amounts authorized to be appropriated by this Act for fiscal year 2024
for operation and maintenance, Defense-wide, and available for the
Office of the Chairman of the Joint Chiefs of Staff for travel
expenses, not more than 80 percent may be obligated or expended until
the date that is 15 days after the date on which the Secretary of
Defense submits to the Committees on Armed Services of the Senate and
House of Representatives the risk assessment mandated by paragraph (2)
of subsection (b) of section 153 of title 10, United States Code, and
required to be submitted pursuant to paragraph (3) of such subsection
by not later than February 15, 2024.
(b) Office of the Secretary of Defense.--Of the amounts authorized
to be appropriated by this Act for fiscal year 2024 for operation and
maintenance, Defense-wide, and available for the Office of the
Secretary of Defense for travel expenses, not more than 80 percent may
be obligated or expended until the date that is 15 days after the date
on which the Secretary submits to the Committees on Armed Services of
the Senate and the House of Representatives the risk mitigation plan
required to be submitted as part of the assessment referred to in
subsection (a), if applicable.
(c) Briefing Requirement.--Section 153 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(d) Briefing Requirement.--(1) Not later than 15 days after the
submission of the risk assessment required under subsection (b)(2) or
March 1 of each even-numbered year, whichever is earlier, the Chairman
shall provide to the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the activities of the Chairman
under this section.
``(2) The briefing required under paragraph (1) shall include--
``(A) a detailed review of the risk assessment required under
paragraph (2) of subsection (b), including how such risk assessment
addresses the elements required in subparagraph (B) of such
paragraph;
``(B) an analysis of how the risk assessment informs and
supports other Joint Staff assessments, including joint capability
development assessments, joint force development assessments,
comprehensive joint readiness assessments, and global military
integration assessments; and
``(C) if the risk assessment is not delivered at or before the
time of the briefing, a timeline for when the risk assessment will
be submitted to the Committees on Armed Services of the Senate and
the House of Representatives.''.
SEC. 1042. ASSISTANCE IN SUPPORT OF DEPARTMENT OF DEFENSE ACCOUNTING
FOR MISSING UNITED STATES GOVERNMENT PERSONNEL.
(a) Modification of Assistance.--Section 408 of title 10, United
States Code, is amended--
(1) in the section heading, by striking ``Equipment and
training of foreign personnel to assist in'' and inserting
``Assistance in support of'';
(2) in subsection (b), by adding at the end the following new
paragraph:
``(5) Funds.'';
(3) in subsection (d)--
(A) in the subsection heading, by striking ``Limitation''
and inserting ``Limitations'';
(B) by striking ``The'' and inserting ``(1) Except as
provided in paragraph (2), the'';
(C) by striking ``$1,000,000'' and inserting
``$5,000,000''; and
(D) by adding at the end the following new paragraphs:
``(2) The Secretary may waive the limitation under paragraph (1) if
the Secretary submits to the congressional defense committees notice of
the waiver together with the reasons why the waiver is necessary.
``(3) No assistance may be provided under this section to a foreign
nation the government of which the Secretary of State determines has
repeatedly provided support for international terrorism pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control Reform Act of
2018 (50 U.S.C. 4813(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371); or
``(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780).'';
(4) by striking subsection (f); and
(5) by adding at the end the following new subsection (f):
``(f) Annual Report.--Not later than December 31 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the assistance provided under this section
during the preceding fiscal year.''.
(b) Briefing.--Not later than July 1, 2024, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and House of Representatives a briefing on the provision of funds under
section 408 of title 10, United States Code, as amended by subsection
(a), and the anticipated demand for such funds.
SEC. 1043. IMPLEMENTATION OF ARRANGEMENTS TO BUILD TRANSPARENCY,
CONFIDENCE, AND SECURITY.
Section 2241 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Implementation of Vienna Document 2011.--Amounts appropriated
for operation and maintenance may be used by the Secretary of Defense
for travel, transportation, and subsistence expenses for meetings and
demonstrations hosted by the Department of Defense for the
implementation of the Vienna Document 2011 on Confidence and Security-
Building Measures.''.
SEC. 1044. MODIFICATION TO DEFINITIONS OF CONFUCIUS INSTITUTE.
(a) Limitation on Provision of Funds to Institutions of Higher
Education.--Paragraph (1) of section 1062(d) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 2241) is amended to read as follows:
``(1) Confucius institute.--The term `Confucius Institute'
means--
``(A) any program that receives funding or support from--
``(i) the Chinese International Education Foundation;
or
``(ii) the Center for Language Exchange Cooperation of
the Ministry of Education of the People's Republic of
China; or
``(B) any cultural institute funded by the Government of
the People's Republic of China.''.
(b) Prohibition of Funds for Chinese Language Instruction.--
Paragraph (2) of section 1091(d) of the of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1998) is amended to read as follows:
``(2) Confucius institute.--The term `Confucius Institute'
means--
``(A) any program that receives funding or support from--
``(i) the Chinese International Education Foundation;
or
``(ii) the Center for Language Exchange Cooperation of
the Ministry of Education of the People's Republic of
China; or
``(B) any cultural institute funded by the Government of
the People's Republic of China.''.
SEC. 1045. TERMINATION OF AUTHORITY TO ISSUE WAIVER OF LIMITATION ON
USE OF FUNDS TO INSTITUTIONS OF HIGHER EDUCATION HOSTING CONFUCIUS
INSTITUTES.
Section 1062(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
2241 note) is amended by adding at the end the following new paragraph:
``(3) Termination of authority.--The authority to issue a
waiver under paragraph (1) shall terminate on October 1, 2026, and
any waiver issued under such paragraph shall not apply on or after
such date.''.
SEC. 1046. VETTING PROCEDURES AND MONITORING REQUIREMENTS FOR ALLIES
AND PARTNERS PARTICIPATING IN EDUCATION OR TRAINING ACTIVITIES IN THE
UNITED STATES.
(a) Waiver by Secretary of Defense.--Subsection (a) of section 1090
of the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note) is
amended by adding at the end the following new paragraph:
``(5) Waiver.--
``(A) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, and without delegation,
may waive the requirement to vet covered individuals under this
section--
``(i) on a person-by-person basis, if the Secretary of
Defense determines that the waiver is in the national
security interests of the United States; or
``(ii) on a country-by-country basis, with respect to
foreign nationals or other appropriate persons who hold a
security clearance issued by that country, if the Secretary
of Defense determines that the vetting procedures of the
country are functionally equivalent to the vetting
procedures of the United States for United States military
personnel.
``(B) Functional equivalence.--
``(i) Definition.--The Secretary of Defense, acting
through the Under Secretary of Defense for Intelligence and
Security and in consultation, as appropriate, with the
Secretary of State, shall establish and submit to the
congressional defense committees a definition of functional
equivalence for purposes of making a determination under
subparagraph (A)(ii). The Secretary of Defense shall notify
the congressional defense committees of any subsequent
modification the Secretary makes to the definition.
``(ii) Assessment.--The Secretary of Defense shall
conduct an assessment of the vetting procedures of a
country prior to making a determination of functional
equivalence under subparagraph (A)(ii). Such assessment
shall take into consideration any information about such
procedures provided to the Secretary of Defense by the
Secretary of State.
``(C) Notification requirement.--The Secretary of Defense
shall submit a written notification to the congressional
defense committees not later than 48 hours after exercising the
waiver authority under subparagraph (A), including a
justification for the waiver and an assessment of the vetting
procedures of a country, if appropriate.''.
(b) Type of Access Covered.--Subsections (a) through (c) of such
section 1090 are further amended by striking ``physical access'' each
place it appears and inserting ``unescorted physical access''.
(c) Definitions.--
(1) Covered individual.--Subsection (e)(2) of such section is
amended to read as follows:
``(2) The term `covered individual'--
``(A) except as provided in subparagraph (B), means a
foreign national or other appropriate person who is--
``(i) seeking unescorted physical access to a
Department of Defense installation or facility within the
United States; and
``(ii)(I) selected, nominated, or accepted for training
or education for a period of more than 14 days occurring on
a Department of Defense installation or facility within the
United States; or
``(II) an immediate family member accompanying a
foreign national or other appropriate person who has been
so selected, nominated, or accepted for such training or
education; and
``(B) does not include a foreign national or other
appropriate person of Australia, Canada, New Zealand, or the
United Kingdom who holds a security clearance issued by the
country of the foreign national and has provided the Department
of Defense a certification of such clearance.''.
(2) Immediate family member.--Subsection (e)(4) of such section
is amended--
(A) by striking ``means the parent'' and inserting the
following: ``means a person who--
``(A) is the parent'';
(B) in subparagraph (A), as designated by subparagraph (A)
of this paragraph, by striking the period and inserting ``;
and''; and
(C) by adding at the end the following new subparagraph:
``(B) has attained the age of 16 years old at the time that
unescorted physical access is to begin.''.
(3) Foreign national; other appropriate person.--Section
1090(e) of such Act is amended by adding at the end the following
new paragraphs:
``(5) The term `foreign national' means a person who is not a
citizen or national of the United States or an alien lawfully
admitted for permanent residence in the United States under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
``(6) The term `other appropriate person' means a person who is
a citizen of both the United States and another country or who is
an alien lawfully admitted for permanent residence in the United
States, if such person intends to attend training or education on
behalf of a foreign country.''.
(d) Clarifying Amendment.--Such section is further amended by
striking ``Secretary'' each place it appears and inserting ``Secretary
of Defense'' in the following provisions:
(1) Paragraphs (2), (3), and (4) of subsection (a).
(2) Paragraph (1) of subsection (b) in the matter preceding
subparagraph (A).
SEC. 1047. AUTHORITY TO INCLUDE FUNDING REQUESTS FOR THE CHEMICAL AND
BIOLOGICAL DEFENSE PROGRAM IN BUDGET ACCOUNTS OF MILITARY DEPARTMENTS.
Section 1701(d)(2) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 1522(d)(2)) is amended
by striking ``may not be included in the budget accounts'' and
inserting ``may be included in the budget accounts''.
SEC. 1048. LIMITATION ON AVAILABILITY OF FUNDS UNTIL DELIVERY OF REPORT
ON NEXT GENERATION TACTICAL COMMUNICATIONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Commander of the United States Special
Operations Command and the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict shall jointly submit to the
congressional defense committees a report on special operations forces
tactical communications requirements and plans for addressing such
requirements.
(b) Elements.--The report required under subsection (a) shall
include each of the following:
(1) A description of special operations forces tactical
communications requirements.
(2) An explanation of how funding provided in prior fiscal
years, and the proposed funding for fiscal year 2024, has enhanced,
and will continue to enhance, the fielding of tactical
communications capabilities to special operations forces
components.
(3) A description of deficiencies identified with the AN/PRC-
163 radio and a plan for addressing such deficiencies.
(4) An update on the status of fielding of two-channel manpack
and two-channel handheld radios to special operations forces,
including an explanation for any special operations forces
components or units that have requested, but not yet received, such
radios.
(5) An articulation of lessons learned from the prior testing
and fielding of tactical communications capabilities to meet unique
mission requirements of special operations forces components.
(6) An explanation of the approach of the United States Special
Operations Command to ensuring that communications capabilities
under the tactical communications program meet security and
resiliency requirements mandated by section 168 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).
(7) Any other matter the Commander of United States Special
Operations Command and the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict determine relevant.
(c) Limitation on Use of Funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2024 for the United States Special Operations Command for procurement
of next generation tactical communications, not more than 90 percent
may be obligated or expended until the Commander of United States
Special Operations Command and the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict submit to the
congressional defense committees the report required under subsection
(a).
SEC. 1049. ESTABLISHMENT OF PROCEDURE OF THE DEPARTMENT OF DEFENSE TO
DETERMINE CERTAIN COMPLAINTS OR REQUESTS REGARDING PUBLIC DISPLAYS OR
PUBLIC EXPRESSIONS OF RELIGION ON PROPERTY OF THE DEPARTMENT.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations that establish the procedure for the timely determination
of a covered complaint or request regarding a public display or public
expression of religion on property of the Department of Defense. Such
regulations shall ensure that--
(1) the officer or official of the Department who receives such
complaint or request forwards the covered complaint or request--
(A) to the individual authorized to make a determination
under subsection (b); and
(B) not later than 10 days after such receipt; and
(2) such individual--
(A) makes such determination not later than 30 days after
such individual receives such forwarded covered complaint or
request; and
(B) timely notifies the individual or entity who made such
covered complaint or request, and the officer or official of
the Department who received such covered complaint or request,
of such determination.
(b) Determinations.--A determination under regulations prescribed
under subsection (a) shall be made--
(1) by--
(A) the Secretary of the military department concerned; or
(B) the head of the Defense Agency or Department of Defense
Field Activity concerned; and
(2) after consultation with--
(A)(i) in the case of a determination made by the Secretary
of the military department concerned, the Chief of Chaplains of
the military department concerned; or
(ii) in the case of a determination made by the head of the
Defense Agency or Department of Defense Field Activity
concerned, the Armed Forces Chaplains Board; and
(B)(i) a civilian attorney under the jurisdiction the
Secretary of the military department concerned or the head of
the Defense Agency or Department of Defense Field Activity
concerned; or
(ii) an officer of the Judge Advocate General's Corps.
(c) Covered Complaint or Request Defined.--In this section, the
term ``covered complaint or request'' means a complaint or request--
(1) regarding a public display or public expression of religion
on property of the Department of Defense; and
(2) made by an individual or entity other than--
(A) a member of the Armed Forces;
(B) a civilian employee of the Department of Defense; or
(C) a contractor of the Department of Defense.
SEC. 1050. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF
LANDMINES.
(a) Limitation.--Except as provided in subsection (b), of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2024 for the Department of Defense for the destruction
of anti-personnel landmine munitions, not more than 30 percent may be
obligated or expended before the date on which the Secretary of Defense
submits the report required by subsection (c).
(b) Exception for Safety.--Notwithstanding subsection (a), the
Secretary may obligate or expend funds referred to in such subsection
in excess of the limitation under such subsection as necessary for the
destruction of any anti-personnel landmine munition that the Secretary
determines is unsafe or could pose a safety risk to the United States
Armed Forces if not demilitarized or destroyed.
(c) Report Required.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that includes each of the
following:
(A) A description of the policy of the Department of
Defense regarding the use of anti-personnel landmines,
including any available methods for commanders to seek waivers
to use such munitions.
(B) Projections covering the period of 10 years following
the date of the report of--
(i) the inventory levels for all anti-personnel
landmine munitions, taking into account future production
of anti-personnel landmine munitions, any plans for
demilitarization of such munitions, the age of the
munitions, storage and safety considerations, and any other
factors that are expected to affect the size of the
inventory;
(ii) the cost to achieve the inventory levels projected
in clause (i), including the cost for potential
demilitarization or disposal of such munitions; and
(iii) the cost to develop and produce new anti-
personnel landmine munitions if the Secretary determines
such munitions are necessary to meet the demands of
operational plans.
(C) An assessment by the Chairman of the Joint Chiefs of
Staff of the adequacy of the inventory levels projected under
subparagraph (B)(i) to meet operational requirements.
(D) Any other matters that the Secretary determines
appropriate for inclusion in the report.
(2) Form of report.--The report required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(d) Briefing Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the congressional defense committees a briefing on the status, as
of the date of the briefing, of research and development into
operational alternatives to anti-personnel landmine munitions.
(2) Form of briefing.--The briefing required by paragraph (1)
may contain classified information.
(e) Anti-personnel Landmine Munitions Defined.--In this section,
the term ``anti-personnel landmine munitions'' includes anti-personnel
landmines and submunitions, as defined by the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-
Personnel Mines and on their Destruction, concluded at Oslo September
18, 1997, as determined by the Secretary.
SEC. 1051. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL EXPENSES OF
OFFICE OF THE SECRETARY OF DEFENSE UNTIL SUBMISSION OF CERTAIN PLANS.
Of the funds authorized to be appropriated by this Act for fiscal
year 2024 for operation and maintenance, Defense-wide, and available
for the Office of the Secretary of Defense for travel expenses, not
more than 80 percent may be obligated or expended until the Secretary
of Defense submits--
(1) the implementation plan required by section 1087(b) of the
National Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263; 136 Stat. 2802; 10 U.S.C. 161 note) relating to the
requirement of such section to establish a joint force headquarters
in the area of operations of United States Indo-Pacific Command to
serve as an operational command; and
(2) the plan required by section 1332(g) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 2008) relating to strategic competition in the areas of
responsibility of United States Southern Command and United States
Africa Command.
SEC. 1052. PROHIBITION ON DISPLAY OF UNAPPROVED FLAGS.
(a) Prohibition.--No flag other than an approved flag shall be
displayed in any work place, common access area, or public area of the
Department of Defense.
(b) Exclusions.--The prohibition under subsection (a) shall not
apply to--
(1) the public display or depiction of a flag other than an
approved flag in a museum exhibit, State-issued license plate,
grave site, memorial marker, monument, educational display,
historical display, or work of art, if the nature of the display or
depiction cannot reasonably be viewed as endorsement of the flag by
the Department of Defense; or
(2) a building or area that primarily serves as a place of
residence, including a barracks, dormitory, bachelor quarters,
government-operated housing, or public-private venture housing
area.
(c) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of a military commander to enforce
good order and discipline on a military installation.
(d) Definitions.--In this section:
(1) The term ``approved flag'' means any of the following:
(A) The American flag.
(B) The flag of a State or of the District of Columbia.
(C) A military service flag.
(D) A flag or general officer flag.
(E) A Presidentially-appointed, Senate-confirmed civilian
flag.
(F) A Senior Executive Service or military department-
specific flag.
(G) The National League of Families POW/MIA flag.
(H) The flag of another country that is an ally or partner
of the United States or for official protocol purposes.
(I) The flag of an organization of which the United States
is a member.
(J) A ceremonial, command, unit, or branch flag or guidon.
(K) The flag of an athletic team, club, cadet-led
organization, academic department, unit subdivision, or other
entity approved to operate at a Service Academy (as such term
is defined in section 347 of title 10, United States Code) or
in conjunction with a Reserve Officer Training Corps activity.
(L) A flag or banner displayed by a retail tenant or non-
government entity operating in a building owned or controlled
by the Department of Defense, for the purposes of advertising
business products and services, if authorized by contract.
(M) A religious flag or banner, including a holiday flag,
if otherwise authorized.
(N) A flag approved at the discretion of the military chain
of command or senior civilian leadership, as appropriate.
(2) The term ``work place, common access area, or public area
of the Department of Defense'' includes the following:
(A) An office building, facility, naval vessel, aircraft,
governmental vehicle, hangar, garage, ready room, storage room,
tool and equipment room, or workshop.
(B) A sensitive compartmented information facility of other
secure facility.
(C) A schoolhouse or training facility.
(D) The area in plain view of such a building that is not
residential in nature, including the areas outside of buildings
of the Department of Defense.
SEC. 1053. COLLABORATION WITH PARTNER COUNTRIES TO DEVELOP AND MAINTAIN
MILITARY-WIDE TRANSFORMATIONAL STRATEGIES FOR OPERATIONAL ENERGY.
Section 2926(e)(2)(E) of title 10, United States Code, is amended--
(1) by striking ``An assessment'' and inserting ``A biennial
assessment'';
(2) by striking the period at the end and inserting ``, which
shall include--''; and
(3) by adding at the end the following new clauses:
``(i) an identification of efforts by the United States and
allied and partner countries to mitigate mutual contested
logistics challenges and to develop complementary energy
security and energy reliance measures;
``(ii) an analysis of investments made by allied and
partner countries in any technology, including electric,
hydrogen, nuclear, biofuels, and any other sustainable fuel
technology or renewable energy technology, that may reduce
demand for operational energy in the near-term or long-term;
``(iii) an identification of any limitations or barriers to
closing or mitigating gaps in operational energy investment
with allied and partner countries, including any additional
authorities or appropriations that may be required; and
``(iv) an analysis of the feasibility and advisability of
establishing a partnership program using existing authorities
to collaborate with the national security forces of allied and
partner countries for the purpose of developing and maintaining
transformational strategies for operational energy with the
objectives of enhancing the readiness of such countries and
employing diverse energy sources that reduce demand and
logistical vulnerabilities.''.
SEC. 1054. STUDENT LOAN DEFERMENT FOR DISLOCATED MILITARY SPOUSES.
(a) In General.--Section 455(f) of the Higher Education Act of 1965
(20 U.S.C. 1087e(f)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Deferment for dislocated military spouses.--
``(A) Duration and effect on principal and interest.--A
borrower of a loan made under this part who meets the
requirements of subparagraph (B) shall be eligible for a
deferment for an aggregate period of 180 days, during which
periodic installments of principal need not be paid, and
interest--
``(i) shall not accrue, in the case of a--
``(I) Federal Direct Stafford Loan; or
``(II) a Federal Direct Consolidation Loan that
consolidated only Federal Direct Stafford Loans, or a
combination of such loans and Federal Stafford Loans
for which the student borrower received an interest
subsidy under section 428; or
``(ii) shall accrue and be capitalized or paid by the
borrower, in the case of a Federal Direct PLUS Loan, a
Federal Direct Unsubsidized Stafford Loan, or a Federal
Direct Consolidation Loan not described in clause (i)(II).
``(B) Eligibility.--A borrower of a loan made under this
part shall be eligible for a deferment under subparagraph (A)
if the borrower--
``(i) is the spouse of a member of the Armed Forces
serving on active duty; and
``(ii) has experienced a loss of employment as a result
of relocation to accommodate a permanent change in duty
station of such member.
``(C) Documentation and approval.--
``(i) In general.--A borrower may establish eligibility
for a deferment under subparagraph (A) by providing to the
Secretary--
``(I) the documentation described in clause (ii);
or
``(II) such other documentation as the Secretary
determines appropriate.
``(ii) Documentation.--The documentation described in
this clause is--
``(I) evidence that the borrower is the spouse of a
member of the Armed Forces serving on active duty;
``(II) evidence that a military permanent change of
station order was issued to such member; and
``(III)(aa) evidence that the borrower is eligible
for unemployment benefits due to a loss of employment
resulting from relocation to accommodate such permanent
change in duty station; or
``(bb) a written certification, or an equivalent as
approved by the Secretary, that the borrower is
registered with a public or private employment agency
due to a loss of employment resulting from relocation
to accommodate such permanent change in duty
station.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act.
Subtitle F--Studies and Reports
SEC. 1061. MODIFICATIONS OF REPORTING REQUIREMENTS.
(a) Consolidated Budget Quarterly Report on Use of Funds.--Section
381(b) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Quarterly Report''
and inserting ``Semiannual Report'';
(2) by striking ``Not later than 60 days after the end of each
calendar quarter, the'' and inserting ``The'';
(3) by striking ``Defense during such calendar quarter'' and
inserting ``Defense--''; and
(4) by adding at the end the following new paragraphs:
``(1) by not later than August 31 of each year, for the first
six-month period of that year; and
``(2) by not later than February 28 of each year, for the
second six-month period of the preceding year.''.
(b) National Security Strategy for the National Technology and
Industrial Base.--Section 4811(a) of title 10, United States Code, is
amended by striking ``The Secretary shall submit such strategy to
Congress not later than 180 days after the date of submission of the
national security strategy report required under section 108 of the
National Security Act of 1947 (50 U.S.C. 3043).'' and inserting ``The
Secretary shall submit such strategy to Congress as an integrated part
of the report submitted under section 4814 of this title.''.
(c) National Technology and Industrial Base Report and Quarterly
Briefing.--
(1) In general.--Section 4814 of title 10, United States Code,
is amended--
(A) by amending the section heading to read as follows:
``Sec. 4814. National technology and industrial base: biennial
report'';
(B) by striking ``(a) Annual Report.--'';
(C) by striking ``March 1 of each year'' and inserting
``March 1 of each odd-numbered year''; and
(D) by striking subsection (b).
(2) Clerical amendment.--The table of sections at the beginning
of chapter 382 of such title is amended by striking the item
relating to section 4814 and inserting the following:
``4814. National technology and industrial base: biennial report.''.
(3) Conforming amendment.--Section 858(b)(2) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263) is amended--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (H) as
subparagraphs (A) through (G), respectively.
(d) Annual Military Cyberspace Operations Report.--Section 1644 of
the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C.
394 note; Public Law 116-92) is amended--
(1) in subsection (a) in the matter preceding paragraph (1) in
the first sentence--
(A) by inserting ``effects'' after ``all named military
cyberspace''; and
(B) by striking ``, operations, cyber effects enabling
operations, and cyber operations conducted as defensive
operations'' and inserting ``conducted for either offensive or
defensive purposes''; and
(2) in subsection (c), by inserting ``or cyber effects
operations for which Congress has otherwise been provided notice''
before the period.
(e) Extension and Modification of Authority to Provide Assistance
to the Vetted Syrian Opposition.--Section 1231(d) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) is amended--
(1) in the subsection heading, by striking ``Quarterly'' and
inserting ``Semiannual''; and
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``quarterly'' and inserting ``semiannual''; and
(B) in subparagraph (A), by striking ``90-day'' and
inserting ``180-day''.
(f) Theft, Loss, or Release of Biological Select Agents or Toxins
Involving Department of Defense.--Section 1067(a) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 50
U.S.C. 1528(a)) is amended to read as follows:
``(a) Notification.--(1) Subject to paragraph (2), not later than
45 days after a covered report of any theft, loss, or release of a
biological select agent or toxin involving the Department of Defense is
filed with the Centers for Disease Control and Prevention or the Animal
and Plant Health Inspection Service, the Secretary of Defense, acting
through the Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs, shall provide to the congressional defense
committees notice of such theft, loss, or release.
``(2) The Secretary shall provide to the congressional defense
committees notice of a release under paragraph (1) only if the
Secretary, acting through the Assistant Secretary, determines that the
release is outside the barriers of secondary containment into the
ambient air or environment or is causing occupational exposure that
presents a threat to public safety.
``(3) In this subsection, the term `covered report' means a report
filed under any of the following (or any successor regulations):
``(A) Section 331.19 of title 7, Code of Federal Regulations.
``(B) Section 121.19 of title 9, Code of Federal Regulations.
``(C) Section 73.19 of title 42, Code of Federal
Regulations.''.
(g) Audit of Department of Defense Financial Statements.--Section
240a of title 10, United States Code, is amended--
(1) by striking ``(a) Annual Audit Required.--''; and
(2) by striking subsection (b).
(h) Financial Improvement and Audit Remediation Plan.--Section
240b(b) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``June 30, 2019, and
annually thereafter'' and inserting ``July 31 each year'';
(B) in subparagraph (B)--
(i) by striking clauses (vii) through (x); and
(ii) by redesignating clauses (xi), (xii), and (xiii)
as clauses (vii), (viii), and (ix), respectively; and
(C) by striking subparagraph (C); and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``June 30'' and inserting ``July 31'';
and
(ii) by striking the second sentence; and
(B) in subparagraph (B)--
(i) by striking ``June 30'' and inserting ``July 31'';
and
(ii) by striking the second sentence.
(i) Annual Reports on Funding.--Section 1009(c) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 240b note) is amended by striking ``five days'' and inserting
``10 days''.
SEC. 1062. EXTENSION OF REQUIREMENT TO SUBMIT A REPORT ON DEPARTMENT OF
DEFENSE SUPPORT FOR DEPARTMENT OF HOMELAND SECURITY AT THE
INTERNATIONAL BORDERS OF THE UNITED STATES.
Section 1014(d)(3) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 271 note) is amended by
striking ``December 31, 2024'' and inserting ``December 31, 2025''.
SEC. 1063. BRIEFING ON DEFENSE POW/MIA ACCOUNTING AGENCY CAPABILITIES
REQUIRED TO EXPAND ACCOUNTING FOR PERSONS MISSING FROM DESIGNATED PAST
CONFLICTS.
(a) In General.--Not later than March 1, 2024, and annually
thereafter for each of the next five years, the Director of the Defense
POW/MIA Accounting Agency shall provide to the Committees on Armed
Services of the Senate and House of Representatives a briefing on the
capabilities required to expand accounting for persons missing from
designated past conflicts.
(b) Authority to Enter Into Agreements.--The Director of the
Defense POW/MIA Accounting Agency may enter into agreements with
universities or research organizations under which such universities or
research organizations agree to provide additional capabilities for
specialized missions or research requirements relating to expanding
accounting for persons missing from designated past conflicts.
SEC. 1064. AIR FORCE PLAN FOR MAINTAINING PROFICIENT AIRCREWS IN
CERTAIN MISSION AREAS.
(a) Plan Required.-- The Secretary of the Air Force shall develop a
plan, and the associated actions and milestones for implementing the
plan, to designate, equip, and train the number of combat air forces
aviation units (in this section referred to as ``CAF units''), equipped
with fixed-wing or rotorcraft assets, that are required in order to
maintain proficient aircrew skills in accordance with the Core Mission
Essential Task List and Designed Operational Capability Statement of
each such unit in the following mission areas:
(1) Close air support.
(2) Forward air controller-airborne.
(3) Combat search and rescue.
(4) Airborne battle management.
(b) Report.--The Secretary of the Air Force shall submit to the
congressional defense committees a report on the plan required under
subsection (a). Such report shall include the following information:
(1) The number of CAF units required to meet steady-state,
contingency, and wartime mission requirements for each mission area
referred to in subsection (a).
(2) The number of proficient aircrews each unit must maintain
in order to be qualified and current in each such mission area.
(3) The number of CAF units and aircrew personnel that, as of
the date of the enactment of this Act, are trained and equipped to
meet steady-state, contingency, and wartime mission requirements
for each such mission area.
(4) The location of any CAF unit and associated aircraft that
have been designated to be proficient in such mission areas.
(5) The minimum quantity of initial training and continuation
training sorties and events aircrews will be required to achieve
monthly and yearly to be qualified as proficient, current, and
experienced in such mission areas.
(6) Any other information, data, or analyses the Secretary
determines relevant.
(c) Limitation.--The Secretary of the Air Force may not reduce the
total inventory of the Air Force of A-10 aircraft below 218 until the
date that is 180 days after the date on which the Secretary submits the
report required under subsection (b).
(d) Definition of Proficient.--In this section, the term
``proficient'', with respect to an aircrew, means that such aircrew--
(1) has thorough knowledge but occasionally may make an error
of omission or commission;
(2) is able to operate in a complex, fluid environment and is
able to handle most contingencies and unusual circumstances; and
(3) is prepared for mission tasking on the first sortie in a
theater of operations.
SEC. 1065. INDEPENDENT STUDY ON NAVAL MINE WARFARE.
(a) Study Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall seek to enter
into an agreement with a federally funded research and development
center to conduct an independent study of the mine warfare capabilities
of the Navy.
(b) Elements.--The study under subsection (a) shall include an
assessment and comprehensive review of--
(1) the offensive and defensive mine warfare capabilities of
the Navy; and
(2) the offensive mine inventories of Navy as of the date of
study.
(c) Results.--Following the completion of the study under
subsection (a), the federally funded research and development center
that conducts the study shall submit to the Secretary of Defense a
report on the results of the study. The report shall include--
(1) a summary of the research and other activities carried out
as part of the study; and
(2) considerations and recommendations to improve the mine
warfare capabilities of the Navy, including recommendations for any
legislation that may be needed for such purpose.
(d) Submittal to Congress.--
(1) In general.--Not later than December 31, 2024, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives--
(A) an unaltered copy of the results of the study, as
submitted to the Secretary under subsection (c); and
(B) the written responses of the Secretary and the Chairman
of the Joint Chiefs of Staff to such results.
(2) Form.--The submission under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1066. ANNUAL REPORT AND BRIEFING ON IMPLEMENTATION OF FORCE DESIGN
2030.
(a) In General.--Not later than February 15, 2024, and annually
thereafter through February 15, 2030, the Commandant of the Marine
Corps shall submit to the congressional defense committees a report
detailing the programmatic choices made to implement Force Design 2030,
including both new developmental and fielded capabilities, as well as
capabilities and capacity divested to accelerate the implementation of
Force Design 2030.
(b) Briefing Requirement.--Not later than March 15, 2024, and
annually thereafter through March 15, 2030, the Commandant of the
Marine Corps shall provide to the congressional defense committees a
briefing on the elements described in subsection (c).
(c) Elements.--Each report required under subsection (a) and
briefing required under subsection (b) shall include the following
elements:
(1) An assessment of changes in the national defense strategy,
Defense Planning Guidance, Joint Warfighting Concept (and
associated concept required capabilities), and other planning
processes that informed Force Design 2030.
(2) An inventory and assessment of the exercises and
experimentation related to the Force Design, starting in fiscal
year 2020, including an identification of the capabilities that
were involved and the extent to which such exercises and
experimentation validated or militated against proposed capability
investments.
(3) An inventory of divestments of capability or capacity,
whether force structure or equipment, starting in fiscal year 2020,
including--
(A) a timeline of the progress of each divestment;
(B) the type of force structure or equipment divested or
reduced;
(C) the percentage of force structure or equipment divested
or reduced, including any equipment entered into inventory
management or another form of storage;
(D) the rationale and context behind such divestment;
(E) an identification of whether such divestment affects
the ability of the Marine Corps to meet the requirements of the
Global Force Management process and operational plans,
including an explanation of how the Marine Corps plans to
mitigate the loss of such capability or capacity if the
divestment affects the ability of the Marine Corps to meet the
requirements of the Global Force Management process and
operational plans, including through new investments,
additional joint planning and training, or other methods; and
(F) an assessment of the actual and projected recruitment
and retention percentages for the Marine Corps, starting in
fiscal year 2020.
(4) An inventory of extant or planned investments as a part of
Force Design 2030, disaggregated by integrated air and missile
defense, littoral mobility and maneuver, sea denial, and
reconnaissance and counter-reconnaissance forces, including--
(A) capability name;
(B) capability purpose and context;
(C) capability being replaced (or not applicable);
(D) date of initial operational capability;
(E) date of full operational capability;
(F) deliveries of units by year; and
(G) approved acquisition objective or similar inventory
objective.
(5) A description of the amphibious warfare ship and maritime
mobility requirements the Marine Corps submitted to the Department
of the Navy in support of the Marine Corps organization and
concepts under Force Design 2030 and its statutory requirements,
including--
(A) an explicit statement of the planning assumptions about
readiness of amphibious warfare ships and maritime mobility
platforms that were used in developing the requirements; and
(B) an assessment of whether the 30-year shipbuilding plan
of the Navy and the budget for the fiscal year covered by the
briefing meet the amphibious ship requirements of the Navy.
(6) An assessment of how the capability investments described
in paragraph (4) contribute to joint force efficacy in new ways,
including through support of other Armed Forces.
(7) An assessment of the ability of the Marine Corps to
generate required force elements for the Immediate Ready Force and
the Contingency Ready Force over the two fiscal years preceding the
fiscal year during which the report and briefing are provided and
the expected ability to generate forces for the subsequent two
fiscal years.
(8) An assessment of Marine Corps force structure and the
readiness of Marine Expeditionary Units compared to availability of
amphibious ships comprising an Amphibious Ready Group over the two
fiscal years preceding the fiscal year during which the report and
briefing are provided and the expected availability for the
subsequent two fiscal years.
(9) An assessment by the Marine Corps of the compliance of the
Marine Corps with the statutory organization prescribed in section
8063 of title 10, United States Code, that ``[t]he Marine Corps,
within the Department of the Navy, shall be so organized as to
include not less than three combat divisions and three air wings,
and such other land combat, aviation, and other services as may be
organic therein''.
(10) An assessment by the Marine Corps of the compliance of the
Marine Corps with the statutory functions prescribed in section
8063 of title 10, United States Code, that ``[t]he Marine Corps
shall be organized, trained, and equipped to provide fleet marine
forces of combined arms, together with supporting air components,
for service with the fleet in the seizure or defense of advanced
naval bases and for the conduct of such land operations as may be
essential to the prosecution of a naval campaign''.
(d) Effect on Other Requirements.--Effective on the date of the
submission of the first report required under subsection (a), the
requirement to provide a briefing pursuant to section 1023 of the Joint
Explanatory Statement accompanying the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) shall cease
to have force or effect.
SEC. 1067. STUDY AND REPORT ON POTENTIAL INCLUSION OF BLACK BOX DATA
RECORDERS IN TACTICAL VEHICLES.
(a) Study.--The Comptroller General of the United States shall
carry out a study to determine the extent to which the Department of
Defense has evaluated feasability and advisability of equipping all
tactical vehicles of the Armed Forces with black box data recorders.
(b) Report.--The Comptroller General shall--
(1) not later than 180 days after the date of the enactment of
this Act, the Comptroller General shall provide to the
congressional defense committees a briefing on the preliminary
findings of the study conducted under subsection (a); and
(2) submit to the congressional defense committees a final
report on such study.
SEC. 1068. PLAN ON COUNTERING HUMAN TRAFFICKING.
(a) Plan.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the appropriate
congressional committees a plan for coordinating with defense partners
in North America and South America and supporting interagency
departments and agencies, as appropriate, in countering human
trafficking operations, including human trafficking by transnational
criminal organizations.
(b) Elements of Plan.--The plan under subsection (a) shall
include--
(1) a description of the threat to United States security from
human trafficking operations;
(2) a description of the authorities of the Department of
Defense for the purposes specified in subsection (a);
(3) a description of any current or proposed Department of
Defense programs or activities to coordinate with defense partners
or provide support to interagency departments and agencies as
described in subsection (a); and
(4) any recommendations of the Secretary of Defense for
additional authorities for the purposes of countering human
trafficking, including by transnational criminal organizations.
(c) Briefing.--Not later than 180 days after the submission of the
plan required under subsection (a), the Secretary of Defense shall
brief the appropriate congressional committees regarding the
authorities, programs, and activities of the Department of Defense to
counter human trafficking operations.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Homeland Security and Governmental Affairs
and the Committee on Foreign Relations of the Senate; and
(3) the Committee on Oversight and Administration and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1069. UPDATE TO STRATEGIC PLAN ON DEPARTMENT OF DEFENSE COMBATING
TRAFFICKING IN PERSONS PROGRAM.
(a) In General.--The Secretary of Defense shall update the
strategic plan for the combating trafficking in persons program of the
Department of Defense.
(b) Elements of Plan.--The updated strategic plan required under
subsection (a) shall include each of the following:
(1) An assessment of the efforts of the Department of Defense
to combat trafficking in persons in areas with high populations of
members of the United States Armed Forces, including in overseas
locations.
(2) A review of the coordination of efforts of the Department
to combat trafficking in persons across the military departments in
areas where multiple military departments operate bases.
(3) Recommendations for improved cooperation with local
communities and relevant Federal, State, and local law enforcement
agencies in addressing trafficking in persons.
(4) A review of new methods and concepts for combating
trafficking in persons that the Department has implemented since
the previous strategic plan.
(5) A description of plans of the Department to adapt
innovative approaches, and integrate new technologies.
(6) An analysis of Department capabilities to combat child
sexual abuse and exploitation in areas with high populations of
members of the United States Armed Forces, including overseas
locations.
(7) Recommendations for programs to educate members of the
United States Armed Forces on how to identify and report instances
of child sexual abuse and exploitation, both online and in-person,
to the appropriate law enforcement agency.
(c) Briefing.--Not later than June 1, 2024, the Secretary of
Defense shall provide to the appropriate congressional committees a
briefing on the updated strategic plan required under subsection (a).
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Oversight and Accountability of the
House of Representatives; and
(2) the Committee Armed Services, the Committee on Foreign
Relations, and the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 1070. REPORT ON USE OF TACTICAL FIGHTER AIRCRAFT FOR DEPLOYMENTS
AND HOMELAND DEFENSE MISSIONS.
(a) Study Required.--The Secretary of Defense, in consultation with
the Secretary of the Air Force and the Secretary of the Navy, shall
conduct a study on the use of Department of Defense tactical fighter
aircraft for deployments, including taskings supporting homeland
defense missions.
(b) Elements.--In carrying out the study required under subsection
(a), the Secretary shall--
(1) review both deployment and exercise requirements for
tactical fighter aircraft levied by each geographic combatant
command;
(2) assess the deployable forces currently available to fulfill
each of the requirements identified under paragraph (1), including
whether such forces are adequate to meet the global requirements;
(3) review any relevant tactical fighter forces that are not
considered deployable or available to meet the requirements of the
combatant commanders and consider whether the status of such forces
can or should change;
(4) assess whether tactical fighter aircraft coverage of the
United States during the deployment of tactical fighter aircraft to
locations outside the United States has been adequately considered,
in particular with respect to the areas in and around Alaska and
Hawaii;
(5) assess the land-based tactical fighter aircraft units of
the active and reserve components of the Air Force, Navy, and
Marine Corps that could be considered for inclusion in homeland
defense mission requirements; and
(6) identify and evaluate deployment metrics, for each of the
15 fiscal years preceding the fiscal year during which the study is
conducted, for the tactical fighter squadrons of the active and
reserve components of the Air Force, Navy, and Marine Corps, which
shall include--
(A) all contingency taskings supported, aggregated by
active and reserve component taskings supporting Operation
Noble Eagle and President of the United States support missions
and overseas contingency taskings;
(B) the average number of deployments per squadron,
aggregated by active and reserve component squadrons;
(C) the average deployment duration (in days), aggregated
by active and reserve components; and
(D) the percentage of days deployed, aggregated by active
and reserve components.
(c) Report.--Not later than May 1, 2024, the Secretary of Defense
shall submit to the congressional defense committees a report that
includes the results of a study required under subsection (a).
SEC. 1071. REPORT ON EQUIPPING CERTAIN GROUND COMBAT UNITS WITH SMALL
UNMANNED AERIAL SYSTEMS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall submit to the
congressional defense committees a report on equipping platoon-sized
ground combat formations with group 1 or group 2 unmanned aerial
systems.
(b) Elements.--The report submitted pursuant to subsection (a)
shall address the following:
(1) The use of group 1 or group 2 unmanned aerial systems in
the Ukraine conflict and best practices learned.
(2) The potential use of group 1 or group 2 unmanned aerial
systems to augment small unit tactics and lethality in the ground
combat forces.
(3) Procurement challenges, legal restrictions, training
shortfalls, operational limitations, or other impediments to
fielding group 1 or group 2 unmanned aerial systems at the platoon
level.
(4) A plan to equip platoon-sized ground combat formations in
the close combat force with group 1 or group 2 unmanned aerial
systems at a basis of issue, as determined appropriate by the
Secretary of the military department concerned, including a
proposed timeline and fielding strategy.
(5) A plan to equip such other ground combat units with group 1
or group 2 unmanned aerial systems, as determined appropriate by
the Secretary of the military department concerned.
SEC. 1072. BIANNUAL BRIEFINGS ON HOMELAND DEFENSE PLANNING.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 180 days thereafter through February
1, 2026, the Secretary of Defense shall provide to the congressional
defense committees a briefing on efforts to bolster homeland defense.
(b) Contents.--
(1) First briefing.--The first briefing required by subsection
(a) shall include each of the following:
(A) A detailed description of the homeland defense policy
guidance.
(B) The assumptions used in the drafting of such guidance.
(C) If such guidance has not been completed, an explanation
of the reasons for the lack of completion and a timeline for
completion.
(2) All briefings.--Each briefing required under subsection (a)
shall include each of the following:
(A) A summary of any update made to the homeland defense
policy guidance.
(B) An update on threats to the United States emanating
from the Government of the People's Republic of China, the
Government of the Russian Federation, the Government of the
Democratic People's Republic of Korea, the Government of Iran,
and any other adversary country, as determined by the
Secretary.
(C) A description of major actions taken by the Department
during the preceding fiscal year to respond to and mitigate
military threats to the United States.
(D) A description of the homeland defense policies of the
Department in the event of a military conflict with the
People's Republic of China, the Russian Federation, the
Democratic People's Republic of Korea, the Islamic Republic of
Iran, or any other country as determined by the Secretary.
(E) Any other matter the Secretary considers relevant.
SEC. 1073. REPORT ON EFFECTIVENESS OF CURRENT USE OF UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--Not later than April 30, 2024, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the extent to which United
States Naval Station, Guantanamo Bay, Cuba, is being used effectively
to defend the national security interests of the United States.
(b) Elements.--The report required by subsection (a) shall include
each of the following:
(1) An analysis of the intelligence collection, cyber, and
information operation activities in Cuba of the militaries of
foreign governments, including the Russian Federation and the
People's Republic of China, and an assessment of the effects of
such activities.
(2) An identification of the mitigation measures currently in
place for addressing the activities referred to in paragraph (1)
and a discussion of any measures that would be appropriate for
further mitigation.
(3) Such other matters as the Secretary determines appropriate.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1074. HOLISTIC TRAINING RANGE ASSESSMENT.
(a) Assessment Required.--The Secretary of Defense, after
coordinating with the Secretaries of the military departments, shall
carry out a comprehensive assessment of the capabilities, limitations,
and anticipated future training constraints on the use of military
lands, marine areas, and airspace facilities that are available in the
United States and overseas, for training of the covered Armed Forces.
(b) Contents.--The assessment required by subsection (a) shall
include each of the following:
(1) An assessment of the range capability of each facility.
(2) An assessment of current and future training requirements,
including any opportunities for regional interconnectivity of
existing sites to increase capability.
(3) An evaluation of the adequacy of current Department of
Defense resources (including virtual and constructive training
assets as well as military lands, marine areas, and airspace
available in the United States and overseas) to meet current and
future training range requirements--
(A) identified under paragraph (2);
(B) relating to testing and training of fifth generation
weapons systems; and
(C) relating to near-peer competition.
(4) An evaluation of threats posed by adversarial intelligence
collection at each facility.
(5) An assessment of current capacity for testing and training
of electromagnetic warfare operations, including--
(A) electromagnetic spectrum operations;
(B) operations in the information environment;
(C) Joint All Domain Command and Control; and
(D) information warfare.
(6) An assessment of current capacity for training and testing
and future potential for Joint All Domain operations, including--
(A) an assessment of current shortfalls at domestic
military installations; and
(B) an analysis of ranges capable of hosting large-scale,
operationally relevant, live-fire campaign-level Joint All
Domain operations training exercises based on near-peer
competition.
(7) An assessment of the capacity of the covered Armed Forces
to routinely train, test, evaluate, and qualify theater-level
operations in support of operations versus a pacing threat, as
defined by the most recent national defense strategy submitted
pursuant to section 113(g) of title 10, United States Code, for the
purpose of increasing the capacity and rate of force readiness with
respect to deterrence and defense at theater-level distances. Such
assessment shall include--
(A) an identification of areas in which multiple ranges can
be used simultaneously to simulate Pacific Deterrence
Initiative theater operation plans, including areas for over
water and coastline training;
(B) an analysis of the combined capability of the total
test or training areas to simulate various public, private, and
academic initiatives in support of the Pacific Deterrence
Initiative while advancing military readiness; and
(C) a review of any test or training areas that may enhance
efforts of the Department to train at scale and range when
persistently networked into a live, virtual, and constructive
Pacific environment.
(8) Proposals to enhance training range capabilities and
mitigate any shortfalls or encroachment, including Department
assets within the range footprint, in current Department of Defense
resources identified pursuant to the assessment required under this
section, including timeline and budget estimates for implementing
any proposed mitigations.
(9) Such other matters as the Secretary determines appropriate.
(c) Initial Report.--At the same time as the submission of the
budget of the President to Congress pursuant to section 1105 of title
31, United States Code, for fiscal year 2026, the Secretary shall
submit to the congressional defense committees an initial report on the
assessment required by subsection (a).
(d) Subsequent Annual Reports.--At the same time as the submission
of the President submits to Congress pursuant to such section for each
of fiscal years 2027 through 2032, the Secretary shall submit to
Congress a report describing the progress made in implementing the
proposals referred to in subsection (b)(8) and any additional actions
taken, or to be taken, to address training constraints caused by
limitations on the use of military lands, marine areas, and airspace.
(e) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the Army, Navy, Air Force, Marine Corps,
and Space Force.
SEC. 1075. SPECIAL OPERATIONS FORCE STRUCTURE.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report containing an assessment of the optimal
force structure for special operations forces. Such report shall
include--
(1) a description of the role of special operations forces in
implementing the most recent national defense strategy under
section 113(g) of title 10, United States Code;
(2) a detailed accounting of the demand for special operations
forces by the geographic combatant commands;
(3) an assessment of current and projected capabilities and
capacities of the general purpose forces of the United States Armed
Forces, including forces that enable special operations, that could
affect force structure capability and capacity requirements of
special operations forces;
(4) an assessment of the size, composition, and organizational
structure of the special operations command headquarters of each of
the Armed Forces and subordinate headquarters elements;
(5) an assessment of the adequacy of special operations force
structure for meeting the goals of the National Military Strategy
under section 153(b) of title 10, United States Code;
(6) a description of the role of special operations forces in
supporting the Joint Concept for Competing; and
(7) any other matters the Secretary of Defense determines
relevant.
(b) Notification Required.--Except as provided in subsection (d),
not later than 15 days before making any reduction in the number of
special operations forces by more than 1,000 personnel and prior to
implementing or announcing such reduction, the Secretary of Defense
shall submit to the congressional defense committees written
notification of the decision to make such reduction.
(c) Contents of Notification.--A notification required under
subsection (b) shall include--
(1) details of the planned changes to force structure and
personnel requirements and a justification for the planned changes,
including--
(A) which units or occupational skills are planned to be
reduced or reallocated; and
(B) to which units or capabilities the force structure is
planned to be transferred or reallocated;
(2) an accounting of the personnel planned to be transferred
under the force structure change, including which units such
personnel are planned to be transferred to and from;
(3) an analysis of the expected implications of the planned
change on the ability of the Department of Defense to carry out
operational and campaign plans of combatant commanders, support the
Joint Concept for Competing, and meet the goals of the most recent
national defense strategy under section 113(g) of title 10, United
States Code; and
(4) any other matters the Secretary of Defense determines
relevant.
(d) Exception.--The notification requirement under subsection (b)
shall not apply with respect to a reduction in the number of special
operations forces if the Secretary of Defense submits to the
congressional defense committees certification that such reduction
needs to be implemented expeditiously for reasons of military urgency.
(e) Definitions.--In this section:
(1) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
(2) The term ``force structure'', when used with respect to an
organization, means--
(A) the mission of the organization;
(B) the personnel required to operate the organization; and
(C) the equipment required to execute the mission of the
organization.
SEC. 1076. COMPREHENSIVE ASSESSMENT OF MARINE CORPS FORCE DESIGN 2030.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center for the conduct of an independent review, assessment, and
analysis of the modernization initiatives of the Marine Corps. The
agreement shall provide that not later than one year after the date on
which the Secretary and the center enter into the agreement, the center
shall provide to the Secretary a report on the findings of the review,
assessment, and analysis. Upon receipt of the report, the Secretary
shall transmit the report to the congressional defense committees.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An assessment of changes in the National Defense Strategy,
Defense Planning Guidance, the Joint Warfighting Concept, and other
strategic documents and concepts that informed Force Design
modernization requirements.
(2) An assessment of how the Marine Corps, consistent with
authorized end strength, can be structured, organized, trained,
equipped, and postured to meet the challenges of future
competition, crisis, and conflict to include discussion of multiple
structural options as relevant and the tradeoffs between different
options.
(3) An assessment of the ability of the defense innovation base
and defense industrial base to develop and produce the technologies
required to implement the Force Design modernization plan published
by the Marine Corps on a timeline and at production rates
sufficient to sustain military operations.
(4) An assessment of forward infrastructure and the extent to
which installations are operationalized to deter, compete, and
prevail during conflict in support of the Marine Corps
modernization.
(5) An assessment of whether the Marine Corps is in compliance
with the statutory organization and functions prescribed in section
8063 of title 10, United States Code.
(6) An assessment of the current retention and recruiting
environment and the ability of the Marine Corps to sustain manpower
requirements necessary for operational requirements levied by title
10, United States Code, in light of the published Force Design
plan.
(7) The extent to which the modernization initiatives within
the Marine Corps are nested within applicable joint warfighting
concepts.
(8) An assessment of whether the modernization of the Marine
Corps is consistent with the strategy of integrated deterrence.
(9) An assessment of the ability of the Marine Corps to
generate required force elements for the Immediate Ready Force and
the Contingency Ready Force, based on current and planned end
strength and structure.
(10) The extent to which the plan for modernized capabilities
published by the Marine Corps can be integrated across the Joint
Force, including warfighting concepts at the combatant command
level.
(11) The extent to which the modernization efforts of the
Marine Corps currently meet the requirements of the current plans
of the combatant commanders and global force management operations,
including a description of any mechanisms that exist to ensure
geographic combatant requirements inform Marine Corps modernization
efforts.
(12) The extent to which modeling and simulation,
experimentation, wargaming, and other analytic methods support the
changes incorporated into the modernization initiatives of the
Marine Corps, including the underlying assumptions and outcomes of
such analyses.
(13) An inventory of extant or planned investments as part of
the modernization efforts of the Marine Corps, disaggregated by the
following capability areas and including actual or projected dates
of Initial Operational Capability and Full Operational Capability:
(A) Command and Control.
(B) Information.
(C) Intelligence.
(D) Fires.
(E) Movement and Maneuver.
(F) Protection.
(G) Sustainment.
(14) An inventory of divestments of capability or capacity,
whether force structure or equipment, starting in fiscal year 2020,
including--
(A) a timeline of the progress of each divestment;
(B) the type of force structure or equipment divested or
reduced;
(C) the percentage of force structure of equipment divested
or reduced, including any equipment entered into inventory
management or other form of storage;
(D) the rationale and context behind such divestment; and
(E) an identification of whether such divestment affects
the ability of the Marine Corps to meet the requirements of
Global Force Management process and the operational plans.
(15) An assessment of how observations regarding the invasion
and defense of Ukraine affect the feasibility, advisability, and
suitability of the modernization plans published by the Marine
Corps.
(c) Classification of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may include a
classified appendix to the extent required to ensure that the report is
accurate and complete.
SEC. 1077. ASSESSMENT AND RECOMMENDATIONS RELATING TO INFRASTRUCTURE,
CAPACITY, RESOURCES, AND PERSONNEL ON GUAM.
(a) Assessment.--The Secretary of Defense, in coordination with the
Commander of United States Indo-Pacific Command, shall assess the
infrastructure, capacity, resource, and personnel requirements for Guam
during fiscal years 2024 through 2029 to meet United States strategic
objectives.
(b) Elements.--The assessment under subsection (a) shall include
the following elements:
(1) An appraisal of the potential role Guam could play as a key
logistics and operational hub for the United States military in the
Indo-Pacific region.
(2) An assessment of whether current Department of Defense
infrastructure, capacity, resources, and personnel in Guam are
sufficient to meet the expected demands during relevant operations
and contingency scenarios.
(3) An assessment of the adequacy of civilian infrastructure in
Guam for supporting the requirements of United States Indo-Pacific
Command, including--
(A) the resilience of such infrastructure in the event of a
natural disaster; and
(B) the vulnerability of such infrastructure to cyber
threats.
(4) A plan, including timelines and associated estimated costs,
to improve Department of Defense infrastructure, capacity,
resources, and personnel in Guam during fiscal years 2024 through
2029 to meet United States Indo-Pacific Command strategic
objectives, including the need for Department of Defense civilian
recruiting and retention programs, such as cost-of-living
adjustments, initiatives for dealing with any shortages of civilian
employees, and programs to improve quality-of-life for personnel
assigned to Guam.
(5) An assessment of the implementation of Joint Task Force
Micronesia.
(6) Any other matters determined relevant by the Secretary.
(c) Report.--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 including the results of the
assessment required under subsection (a).
SEC. 1078. FEASIBILITY STUDY ON CONVERSION OF JOINT TASK FORCE NORTH
INTO JOINT INTERAGENCY TASK FORCE NORTH.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the head of any relevant Federal department or agency and acting
through the Under Secretary of Defense for Policy, shall submit to the
congressional defense committees a feasibility study on converting the
Joint Task Force North of the United States Northern Command into a
joint interagency task force to be known as the ``Joint Interagency
Task Force North''.
(b) Elements.--The study under (a) shall include the following
elements:
(1) A description of the mission of a Joint Interagency Task
Force North.
(2) A detailed description of the resources of the Department
of Defense, including personnel, facilities, and operating costs,
necessary to convert Joint Task Force North into a joint
interagency task force.
(3) An identification of--
(A) each relevant department and agency of the United
States Government the participation in a Joint Interagency Task
Force North of which is necessary in order to enable a Joint
Interagency Task Force North to effectively carry out its
mission; and
(B) the interagency arrangements necessary to ensure
effective participation by each such department and agency.
(4) An identification of each international liaison necessary
for a Joint Interagency Task Force North to effectively carry out
its mission.
(5) A description of the bilateral and multilateral agreements
with foreign partners and regional and international organizations
that would support the implementation of the mission of the Joint
Interagency Task Force North.
(6) A description of the relationship between a Joint
Interagency Task Force North and Joint Interagency Task Force South
of the United States Southern Command.
(7) A description of the likely relationship between a Joint
Interagency Task Force North and the relevant security forces of
the Government of Mexico and the Government of the Bahamas.
(8) A recommendation on whether a Joint Interagency Task Force
North should be an enduring entity and a discussion of the
circumstances under which the mission of a Joint Interagency Task
Force North would transition to one or more entities within the
United States Government other than the United States Northern
Command.
(9) Any recommendations for additional legal authority needed
for the Joint Interagency Task Force North to effectively carry out
its mission.
(10) Any other matters the Secretary of Defense considers
relevant.
(c) Form.--The study required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
Subtitle G--Other Matters
SEC. 1080. MODIFICATION OF DEFINITION OF DOMESTIC SOURCE FOR TITLE III
OF THE DEFENSE PRODUCTION ACT OF 1950.
(a) In General.--Section 702(7) of the Defense Production Act of
1950 (50 U.S.C. 4552(7)) is amended--
(1) 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;
(2) by striking ``The term'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
the term'';
(3) in clause (ii), as redesignated by paragraph (1), by
striking ``subparagraph (A)'' and inserting ``clause (i)''; and
(4) by adding at the end the following new subparagraph (B):
``(B) Domestic source for title iii.--
``(i) In general.--For purposes of title III, the term
`domestic source' means a business concern that--
``(I) performs substantially all of the research
and development, engineering, manufacturing, and
production activities required of such business concern
under a contract with the United States relating to a
critical component or a critical technology item in--
``(aa) the United States or Canada; or
``(bb) subject to clause (ii), Australia or the
United Kingdom; and
``(II) procures from business concerns described in
subclause (I) substantially all of any components or
assemblies required under a contract with the United
States relating to a critical component or critical
technology item.
``(ii) Limitations on use of business concerns in
australia and united kingdom.--
``(I) In general.--A business concern described in
clause (i)(I)(bb) may be treated as a domestic source
only for purposes of the exercise of authorities under
title III relating to national defense matters that
cannot be fully addressed with business concerns
described in clause (i)(I)(aa).
``(II) National defense matter defined.--For
purposes of subclause (I), the term `national defense
matter' is a matter relating to the development or
production of--
``(aa) a defense article, as defined in section
301 of title 10, United States Code; or
``(bb) materials critical to national security,
as defined in section 10(f) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-
1(f)).''.
(b) Reports on Exercise of Title III Authorities.--Title III of the
Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) is amended by
adding at the end the following new section:
``SEC. 305. REPORTS ON EXERCISE OF AUTHORITIES.
``(a) In General.--The President, or the head of an agency to which
the President has delegated authorities under this title, shall submit
a report and provide a briefing to the appropriate congressional
committees with respect to any action taken pursuant to such
authorities--
``(1) except as provided by paragraph (2), not later than 30
days after taking the action; and
``(2) in the case of an action that involves a business concern
in the United Kingdom or Australia, not later than 30 days before
taking the action.
``(b) Elements.--
``(1) In general.--Each report and briefing required by
subsection (a) with respect to an action described in that
subsection shall include--
``(A) a justification of the necessity of the use of
authorities under this title; and
``(B) a description of the financial terms of any related
financial transaction.
``(2) Additional elements relating to business concerns in the
united kingdom or australia.--Each report and briefing required by
subsection (a) with respect to an action described in paragraph (2)
of that subsection shall include, in addition to the elements under
paragraph (1)--
``(A) a certification that business concerns in the United
States or Canada were not available with respect to the action;
and
``(B) an analysis of why such business concerns were not
available.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives; and
``(2) in the case of an action described in subsection (a)
involving materials critical to national security (as defined in
section 702(7)(B)(ii)(II)(bb)), the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of
the House of Representatives.''.
SEC. 1081. INTEGRATED AND AUTHENTICATED ACCESS TO DEPARTMENT OF DEFENSE
SYSTEMS FOR CERTAIN CONGRESSIONAL STAFF FOR OVERSIGHT PURPOSES.
Section 1046(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C.
111 note) is amended--
(1) in paragraph (1)(B), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) to the extent feasible, be integrated with software used
by the Department of Defense Parking Management Office to validate
parking requests.''.
SEC. 1082. MODIFICATION OF COMPENSATION FOR MEMBERS OF THE AFGHANISTAN
WAR COMMISSION.
(a) Compensation.--Section 1094(g)(1) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1942) is amended to read as follows:
``(1) Compensation of members.--
``(A) Non-federal employees.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
``(B) Federal employees.--
``(i) In general.--A member of the Commission who is an
employee of the Federal Government may be compensated as
provided for under subparagraph (a) for periods of time
during which the member is engaged in the performance of
the duties of the Commission that fall outside of ordinary
agency working hours, as determined by the employing agency
of such member.
``(ii) Rule of construction.--Nothing in this paragraph
shall be construed to authorize dual pay for work performed
on behalf of the Commission and for a Federal agency during
the same hours of the same day.''.
(b) Travel Support.--Section 1050 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136
Stat. 2775) is amended--
(1) in the section heading, by striking ``department of defense
support'' and inserting ``executive branch support'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Provision of Travel Support to Certain Commissions.--For the
purpose of providing support to facilitate overseas travel requests
from a legislative branch commission, or any commission so designated
for support under this subsection jointly by the Majority Leader of the
Senate, the Speaker of the House of Representatives, the Minority
Leader of the Senate, and the Minority Leader of the House of
Representatives, the Secretary of Defense and the Secretary of State
shall consider such requests as equivalent to a request from Congress,
and apply the same standards in determining the extent to which such
support may be provided under law and regulation. Any support so
provided shall be funded out of amounts appropriated for the operation
of such commission.''.
SEC. 1083. SENATE NATIONAL SECURITY WORKING GROUP.
(a) In General.--Section 21 of Senate Resolution 64 (113th
Congress), agreed to March 5, 2013, is amended by striking subsection
(d).
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as though enacted on December 31, 2022.
SEC. 1084. TRIBAL LIAISONS AT MILITARY INSTALLATIONS.
(a) Tribal Liaisons at Military Installations.--The Secretary of
Defense shall ensure that each military installation under the
jurisdiction of a military department that has an Indian Tribe, Native
Hawaiian organization, or Tribal interest in the area surrounding the
installation has a Tribal liaison located at the installation.
(b) Tribal Interest.--For purposes of subsection (a), an area
surrounding a military installation shall be considered to be an area
in which there is a Tribal interest if an Indian Tribe or Native
Hawaiian organization is historically or culturally affiliated with the
land or water managed or directly affected by the military
installation.
(c) Definitions.--In this section:
(1) The term ``Indian Tribe'' has the meaning given that term
in section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304(e)).
(2) The term ``Native Hawaiian organization'' has the meaning
given that term in section 6207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517).
SEC. 1085. COMMERCIAL INTEGRATION CELL PLAN WITHIN CERTAIN COMBATANT
COMMANDS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Commander of the United States Africa
Command, the Commander of the United States European Command, the
Commander of the United States Indo-Pacific Command, the Commander of
the United States Northern Command, and the Commander of the United
States Southern Command shall each develop a plan that includes--
(1) the potential establishment of a commercial integration
cell within the respective combatant command of each commander for
the purpose of closely integrating public and private entities with
capabilities relevant to the area of operation of such combatant
command; and
(2) the potential establishment of a chief technology officer
position within the respective combatant command of each commander,
the duties of which would include--
(A) overseeing such commercial integration cell; and
(B) reporting directly to the commander of the applicable
combatant command on the activities of the relevant commercial
integration cell.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, each commander of a combatant command referred
to in subsection (a) shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on the
feasibility, costs, and benefits of establishing a commercial
integration cell.
SEC. 1086. GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS BY NATIONAL
GUARD.
(a) Updated Guidance Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall issue
updated guidance on the use of unmanned aircraft systems by the
National Guard for covered activities.
(b) Briefing.--Not later than 60 days after the date on which the
Secretary issues the updated guidance under subsection (a), the
Secretary shall provide to the Committees on Armed Services of the
Senate and House of Representatives. Such briefing shall include--
(1) an explanation of whether the updated guidance is more
restrictive than guidance on the use of other types of aircraft for
covered activities; and
(2) if the updated guidance is more restrictive, an explanation
for the reasons why such guidance is more restrictive.
(c) Covered Activities Defined.--In this section, the term
``covered activities'' means any of the following:
(1) Emergency operations.
(2) Search and rescue operations.
(3) Defense support to civil authorities.
(4) Support provided under section 502(f) of title 32, United
States Code.
SEC. 1087. PUBLIC DISCLOSURE OF AFGHANISTAN WAR RECORDS.
The Secretary of Defense, in a manner consistent with the
protection of intelligence sources and methods, shall expeditiously
disclose to the public all relevant unclassified records of the
Department of Defense relating to the war in Afghanistan.
SEC. 1088. IMPLEMENTATION PLAN FOR JOINT CONCEPT FOR COMPETING.
(a) Implementation Plan Required.--Not later than March 1, 2024,
the Chairman of the Joint Chiefs of Staff shall submit to the
congressional defense committees an implementation plan for of the
Joint Concept for Competing, released on February 10, 2023.
(b) Elements.--The implementation plan required by subsection (a)
shall include--
(1) timelines for the development of integrated competitive
strategies for engaging in strategic competition, as described in
the Joint Concept for Competing, to address the challenges posed by
specific competitors, including such strategies designed to--
(A) deter adversarial military action;
(B) counter the efforts of specific competitors, as
necessary; and
(C) support the efforts of the United States interagency
and foreign allies, partners, and multilateral organizations;
(2) an identification of any relevant updates to joint doctrine
or professional military education;
(3) a description of the integration of the Joint Concept for
Competing with other joint force development and design efforts;
(4) a description of concept-required capabilities that are
necessary for joint force development and design in support of the
Joint Concept for Competing, including the assignment of roles and
responsibilities and the timelines for attaining such capabilities;
(5) a description of efforts to coordinate and synchronize
Department of Defense activities with the activities of interagency
and foreign partners for the purpose of integrated campaigning;
(6) an identification of any recommendations to better
integrate the role of the Joint Force, as identified by the Joint
Concept for Competing, with national security efforts of
interagency and foreign partners;
(7) an identification of any changes to authorities or
resources necessary to implement the Joint Concept for Competing;
and
(8) a description of any other matters the Chairman determines
appropriate.
(c) Briefing.--Not later than 180 days after the delivery of the
implementation plan required under subsection (a), and every 180 days
thereafter through March 1, 2026, the Chairman of the Joint Chiefs of
Staff shall provide to the congressional defense committees a briefing
that includes an update on the status of the implementation plan
required under subsection (a).
SEC. 1089. NOTIFICATION OF SAFETY AND SECURITY CONCERNS AT CERTAIN
DEPARTMENT OF DEFENSE LABORATORIES.
(a) In General.--The Secretary of Defense shall notify the
congressional defense committees within 7 days after ceasing operations
at any Department of Defense laboratory or facility rated at biosafety
level-3 or higher for safety or security reasons.
(b) Content.--The notification required under subsection (a) shall
include--
(1) the reason why operations have ceased at the laboratory or
facility;
(2) whether appropriate notification to other Federal agencies
has occurred;
(3) a description of the actions taken to determine the root
cause of the cessation; and
(4) a description of the actions taken to restore operations at
the laboratory or facility.
SEC. 1090. CONDUCT OF WEATHER RECONNAISSANCE IN THE UNITED STATES.
(a) Conduct of Reconnaissance.--
(1) In general.--Subject to the availability of appropriations,
the 53rd Weather Reconnaissance Squadron of the Air Force Reserve
Command and the Administrator of the National Oceanic and
Atmospheric Administration may use aircraft, personnel, and
equipment necessary to meet the mission requirements of--
(A) the National Hurricane Operations Plan; and
(B) the National Winter Seasons Operation plan, as long as
aircraft are able to fully meet needs for hurricane monitoring
response.
(2) Activities.--If the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve Command exercises the authority under
paragraph (1), such Squadron, in consultation with the
Administrator of the National Oceanic and Atmospheric
Administration and appropriate line offices of the National Oceanic
and Atmospheric Administration, shall use such authority to--
(A) improve the accuracy and timeliness of observations of
storms that result in large amounts of precipitation, such as
tropical cyclones and atmospheric rivers, to support the
forecast and warning services of the National Weather Service
of the United States;
(B) collect data in data-sparse regions where conventional
observations are lacking;
(C) support water management decision-making and flood
forecasting through the execution of targeted in-situ
measurements, airborne dropsondes, buoys, autonomous platform
observations, satellite observations, remote sensing
observations, and other observation platforms as appropriate,
including enhanced assimilation of the data from those
observations over the eastern, central, and western north
Pacific Ocean, the Gulf of Mexico, and the western Atlantic
Ocean to improve forecasts of large storms for civil
authorities and military decision makers;
(D) participate in the research and operations partnership
that guides flight planning and uses research methods to
improve and expand the capabilities and effectiveness of
weather reconnaissance over time; and
(E) undertake such other additional activities as the
Administrator of the National Oceanic and Atmospheric
Administration, in collaboration with the 53rd Weather
Reconnaissance Squadron, considers appropriate to further
prediction of dangerous weather events.
(b) Reports.--
(1) Air force.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
consultation with the Administrator of the National Oceanic and
Atmospheric Administration, shall perform a resources review of
mission capabilities needed for observation to carry out the
activities described in subsection (a)(2) and submit to the
appropriate committees of Congress a comprehensive report, for
the period beginning on the date of the enactment of this Act
and ending on December 31, 2035, on--
(i) the resources necessary for the 53rd Weather
Reconnaissance Squadron of the Air Force Reserve Command to
continue to support--
(I) the National Hurricane Operations Plan;
(II) the National Winter Season Operations Plan;
(III) emerging technologies that offer new,
improved, or innovative ways to collect data for
improved forecasts of strength and landfall for
hurricanes, atmospheric rivers, and winter storms; and
(IV) any other operational requirements relating to
weather reconnaissance;
(ii) the resources expended by the National Oceanic and
Atmospheric Administration to cover taskings that the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve
Command is unable to accomplish; and
(iii) the resources expended by the 53rd Weather
Reconnaissance Squadron of the Air Force Reserve Command to
cover taskings that the National Oceanic and Atmospheric
Administration is unable to accomplish.
(B) Appropriate committees of congress.--In this paragraph,
the term ``appropriate committees of Congress'' means--
(i) the Committee on Armed Services of the Senate;
(ii) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(iii) the Committee on Commerce, Science, and
Transportation of the Senate;
(iv) the Committee on Science, Space, and Technology of
the House of Representatives;
(v) the Committee on Armed Services of the House of
Representatives; and
(vi) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Commerce.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Commerce shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of the
House of Representatives a comprehensive report, for the period
beginning on the date of the enactment of this Act and ending on
December 31, 2035, on--
(A) the resources necessary for the National Oceanic and
Atmospheric Administration to continue to support--
(i) the National Hurricane Operations Plan;
(ii) the National Winter Season Operations Plan;
(iii) emerging technologies that offer new, improved,
and innovative ways to collect data for improved forecasts
of strength and landfall for hurricanes, atmospheric
rivers, and winter storms; and
(iv) any other operational requirements relating to
weather reconnaissance;
(B) how taskings that the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve Command is unable to
accomplish could affect the ability of the National Oceanic and
Atmospheric Administration to fulfill its mission; and
(C) how taskings that the National Oceanic and Atmospheric
Administration is unable to accomplish could affect the ability
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve Command to fulfill its mission.
(c) Transfer of Funds.--The Secretary of the Air Force may transfer
funds to the National Oceanic and Atmospheric Administration for
additional hurricane monitoring and response activities that fulfill
the mission of the Air Force, including transfers of funds for the
compensation of personnel and for the provision of other such services,
funds, facilities, and other support services as necessary.
SEC. 1091. SENSE OF CONGRESS REGARDING AUTHORITY OF SECRETARY OF
DEFENSE WITH RESPECT TO IRREGULAR WARFARE.
(a) In General.--It is the sense of Congress that the Secretary of
Defense has the authority to conduct irregular warfare operations,
including clandestine irregular warfare operations, to defend the
United States, allies of the United States, and interests of the United
States, when such operations have been appropriately authorized.
(b) Rule of Construction.--Nothing in this section shall be
construed to constitute a specific statutory authorization for any of
the following:
(1) The conduct of a covert action, as such term is defined in
section 503(e) of the National Security Act of 1947 (50 U.S.C.
3093(e)).
(2) The introduction of United States Armed Forces, within the
meaning of the War Powers Resolution (Public Law 93-148; 50 U.S.C.
1541 et seq.), into hostilities or into situations wherein
hostilities are clearly indicated by the circumstances.
SEC. 1092. RED HILL HEALTH IMPACTS.
(a) In General.--
(1) Review.--The Secretary of Defense (referred to in this
section as the ``Secretary''), in coordination with the Director of
the Centers for Disease Control and Prevention, the Secretary of
Veterans Affairs, and such State and local authorities or other
partners as the Secretary considers appropriate, shall--
(A) review the Federal programs and services available to
individuals exposed to petroleum;
(B) review current research on petroleum exposure in order
to identify additional research needs; and
(C) undertake any other review or activities that the
Secretary determines to be appropriate.
(2) Report.--Not later than one year after the date of
enactment of this Act, and annually thereafter for six subsequent
years, the Secretary shall submit to the appropriate congressional
committees a report on the review and activities undertaken under
paragraph (1) that includes--
(A) strategies for communicating and engaging with
stakeholders on the Red Hill Incident;
(B) the number of impacted and potentially impacted
individuals;
(C) measures and frequency of follow-up to collect data and
specimens related to exposure, health, and developmental
milestones as appropriate; and
(D) a summary of data and analyses on exposure, health, and
developmental milestones for impacted individuals.
(3) Consultation.--In carrying out paragraphs (1) and (2), the
Secretary shall consult with non-Federal experts, including
individuals with certification in epidemiology, toxicology, mental
health, pediatrics, and environmental health, and members of the
impacted community.
(b) Red Hill Epidemiological Health Outcomes Study.--
(1) Contracts.--The Secretary may contract with independent
research institutes or consultants, nonprofit or public entities,
laboratories, or medical schools, as the Secretary considers
appropriate, that are not part of the Federal Government to assist
with the feasibility assessment required by paragraph (2).
(2) Feasibility assessment.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees the results of a
feasibility assessment to determine the necessity of an
epidemiological health outcomes study and to inform the design of
the potential epidemiological study or studies to assess health
outcomes for impacted individuals, which may include--
(A) a strategy to recruit impacted individuals to
participate in the study or studies, including incentives for
participation;
(B) a description of protocols and methodologies to assess
health outcomes from the Red Hill Incident, including data
management protocols to secure the privacy and security of the
personal information of impacted individuals;
(C) the periodicity for data collection that takes into
account the differences between health care practices among
impacted individuals who are--
(i) members of the Armed Forces on active duty or
spouses or dependents of such members;
(ii) members of the Armed Forces separating from active
duty or spouses or dependents of such members;
(iii) veterans and other individuals with access to
health care from the Department of Veterans Affairs; and
(iv) individuals without access to health care from the
Department of Defense or the Department of Veterans
Affairs;
(D) a description of methodologies to analyze data received
from the study or studies to determine possible connections
between exposure to water contaminated during the Red Hill
Incident and adverse impacts to the health of impacted
individuals;
(E) an identification of exposures resulting from the Red
Hill Incident that may qualify individuals to be eligible for
participation in the study or studies as a result of those
exposures;
(F) steps that will be taken to provide individuals
impacted by the Red Hill Incident with information on available
resources and services; and
(G) a final determination on whether it is feasible to
conduct an epidemiological health outcomes study.
(3) Notifications; briefings.--If the Secretary determines,
upon completion of the feasibility assessment under paragraph (2),
that an epidemiological health outcomes study is feasible and
necessary, not later than one year after the completion of the
feasibility assessment under paragraph (2), the Secretary shall--
(A) notify impacted individuals on the interim findings of
the study or studies; and
(B) brief the appropriate congressional committees on the
interim findings of the study or studies.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate;
(B) the Committee on Veterans' Affairs of the Senate;
(C) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(D) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives;
(E) the Committee on Veterans' Affairs of the House of
Representatives; and
(F) the Committee on Energy and Commerce of the House of
Representatives.
(2) Impacted individual.--The term ``impacted individual''
means an individual who, at the time of the Red Hill Incident,
lived or worked in a building or residence served by the community
water system at Joint Base Pearl Harbor-Hickam, Oahu, Hawaii.
(3) Red hill incident.--The term ``Red Hill Incident'' means
the release of fuel from the Red Hill Bulk Fuel Storage Facility,
Oahu, Hawaii, into the sole-source basal aquifer located 100 feet
below the facility, contaminating the community water system at
Joint Base Pearl Harbor-Hickam on November 20, 2021.
TITLE XI--CIVILIAN PERSONNEL
Sec. 1101. Diversity, equity, and inclusion personnel grade cap.
Sec. 1102. Authorization to pay a living quarters allowance for
Department of the Navy civilian employees assigned to
permanent duty in Guam for performing work, or supporting work
being performed, aboard or dockside, of U.S. naval vessels.
Sec. 1103. Consolidation of direct hire authorities for candidates with
specified degrees at science and technology reinvention
laboratories.
Sec. 1104. Direct hire authority for certain personnel of the Department
of Defense.
Sec. 1105. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. Extension of authority to grant competitive status to
employees of inspectors general for overseas contingency
operations.
Sec. 1107. Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test Facilities Base.
Sec. 1108. Exclusion of nonappropriated fund employees from limitations
on dual pay.
Sec. 1109. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1110. Modification to shore leave accrual for crews of vessels to
support crew rotations and improve retention of civilian
mariners.
Sec. 1111. Assessments of staffing in Office of the Under Secretary of
Defense for Personnel and Readiness.
Sec. 1112. Military Spouse Employment Act.
Sec. 1113. Amendments to the John S. McCain Strategic Defense Fellows
Program.
Sec. 1114. Including military service in determining family and medical
leave eligibility for Federal employees.
Sec. 1115. Exception to limitation on number of Senior Executive Service
positions for the Department of Defense.
Sec. 1116. Extension of direct hire authority for the Department of
Defense for post-secondary students and recent graduates.
Sec. 1117. Authority to employ civilian faculty members at Space Force
schools.
Sec. 1118. Report and sunset relating to inapplicability of
certification of executive qualifications by qualification
review boards of Office of Personnel Management.
Sec. 1119. Expansion of noncompetitive appointment eligibility to
spouses of Department of Defense civilians.
Sec. 1120. Elimination of Government Accountability Office review
requirement relating to Department of Defense personnel
authorities.
SEC. 1101. DIVERSITY, EQUITY, AND INCLUSION PERSONNEL GRADE CAP.
(a) In General.--The Secretary concerned may not appoint to, or
otherwise employ in, any position with primary duties as described in
subsection (b) a civilian employee paid annual pay at a rate that
exceeds the equivalent of the rate payable for GS-10, not adjusted for
locality.
(b) Covered Duties.--The duties referred to in subsection (a) are
as follows:
(1) Developing, refining, and implementing diversity, equity,
and inclusion policy.
(2) Leading working groups and councils to developing
diversity, equity, and inclusion goals and objectives to measure
performance and outcomes.
(3) Creating and implementing diversity, equity, and inclusion
education, training courses, and workshops for military and
civilian personnel.
(c) Applicability to Current Employees.--Any civilian employee
appointed to a position with duties described in subsection (b) who is
paid annual pay at a rate that exceeds the amount allowed under
subsection (a) shall be reassigned to another position not later than
180 days after the date of the enactment of this Act.
SEC. 1102. AUTHORIZATION TO PAY A LIVING QUARTERS ALLOWANCE FOR
DEPARTMENT OF THE NAVY CIVILIAN EMPLOYEES ASSIGNED TO PERMANENT DUTY IN
GUAM FOR PERFORMING WORK, OR SUPPORTING WORK BEING PERFORMED, ABOARD OR
DOCKSIDE, OF U.S. NAVAL VESSELS.
(a) Allowance.--When Government owned or rented quarters are not
otherwise provided without charge to a covered employee, the Secretary
of the Navy may grant to a covered employee one or more of the
following allowances:
(1) A living quarters allowance for rent, heat, light, fuel,
gas, electricity, and water. The Secretary is authorized to pay
such allowance by reimbursement or by advance payments.
(2) Under unusual circumstances, as determined by the
Secretary, payment or reimbursement for extraordinary, necessary,
and reasonable expenses, not otherwise compensated for, incurred in
initial repairs, alterations, and improvements to the privately
leased residence in Guam of a covered employee--
(A) the expenses are administratively approved in advance;
and
(B) the duration and terms of the lease justify payment of
the expenses by the Government.
(b) Covered Employee Defined.--In this section, the term ``covered
employee'' means any civilian employee of the Department of the Navy
who is assigned to permanent duty in Guam for performing work or
supporting work being performed, aboard or dockside, of U.S. naval
vessels.
SEC. 1103. CONSOLIDATION OF DIRECT HIRE AUTHORITIES FOR CANDIDATES WITH
SPECIFIED DEGREES AT SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.
Section 4091 of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``bachelor's degree'' and
inserting ``bachelor's or advanced degree'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Calendar
Year'' and inserting ``Fiscal Year'';
(B) in the matter preceding paragraph (1), by striking
``calendar year'' and inserting ``fiscal year'';
(C) in paragraph (1), by striking ``6 percent'' and
inserting ``11 percent''; and
(D) in paragraphs (1), (2), and (3), by striking ``the
fiscal year last ending before the start of such calendar
year'' and inserting ``the preceding fiscal year'';
(3) by striking subsection (f); and
(4) by redesignating subsection (g) as subsection (f).
SEC. 1104. DIRECT HIRE AUTHORITY FOR CERTAIN PERSONNEL OF THE
DEPARTMENT OF DEFENSE.
Section 9905(a) of title 5, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
3307,'' after ``3303''; and
(2) by adding at the end the following new paragraphs:
``(12) Any position in support of aircraft operations for which
the Secretary determines there is a critical hiring need or
shortage of candidates.
``(13) Any position in support of the safety of the public, law
enforcement, or first response for which the Secretary determines
there is a critical hiring need or shortage of candidates.''.
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4615), as most recently amended by section 1102 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117-263), is further amended by striking ``through 2023'' and
inserting ``through 2024''.
SEC. 1106. EXTENSION OF AUTHORITY TO GRANT COMPETITIVE STATUS TO
EMPLOYEES OF INSPECTORS GENERAL FOR OVERSEAS CONTINGENCY OPERATIONS.
Section 419(d)(5)(B) of title 5, United States Code, is amended by
striking ``2 years'' and inserting ``5 years''.
SEC. 1107. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC INDUSTRIAL
BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES BASE.
Section 1125(a) of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114-328) is
amended by striking ``through 2025,'' and inserting ``through 2028,''.
SEC. 1108. EXCLUSION OF NONAPPROPRIATED FUND EMPLOYEES FROM LIMITATIONS
ON DUAL PAY.
Section 5531(2) of title 5, United States Code, is amended by
striking ``Government corporation and'' and inserting ``Government
corporation, but excluding''.
SEC. 1109. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL
DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1103 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263), is further
amended by striking ``2024'' and inserting ``2025''.
SEC. 1110. MODIFICATION TO SHORE LEAVE ACCRUAL FOR CREWS OF VESSELS TO
SUPPORT CREW ROTATIONS AND IMPROVE RETENTION OF CIVILIAN MARINERS.
Section 6305 of title 5, United States Code, is amended by adding
at the end the following:
``(d) With respect to an officer, crewmember, or other employee of
the Department of Defense serving aboard an oceangoing vessel on an
extended voyage, the first sentence in the matter preceding paragraph
(1) of subsection (c) of this section shall be applied by substituting
`7 calendar days' for `30 calendar days'.''.
SEC. 1111. ASSESSMENTS OF STAFFING IN OFFICE OF THE UNDER SECRETARY OF
DEFENSE FOR PERSONNEL AND READINESS.
(a) In General.--
(1) DOD assessment.--The Secretary of Defense shall conduct an
assessment of personnel requirements in the Office of the Under
Secretary of Defense for Personnel and Readiness against existing
personnel of the Office. The assessment should include military,
civilian, and contractor personnel. For purposes of carrying out
such assessment, the head of the Office shall submit to the
Secretary the alignment of total force manpower resources of the
Office against core missions, tasks, and functions, including a
mapping of missions to the originating statute or Department
policy.
(2) Office assessment.--The head of the Office shall conduct an
assessment on the tasks, functions, and associated civilian
personnel the Office believes are necessary to perform the duties
of the Office.
(3) DOD analysis.--The Secretary shall determine whether there
is any conflict between the assessment conducted under paragraph
(1) and the assessment under paragraph (2), and what personnel
actions (if any) the Secretary will take to eliminate such
conflict.
(b) Interim Briefing and Report.--
(1) Interim briefing.--Not later than April 1, 2024, the
Secretary of Defense shall provide to the congressional defense
committees an interim briefing on the assessments under subsection
(a).
(2) Final report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the assessments under
subsection (a). Such report shall include the following:
(A) An assessment of every military, civilian, and
contractor personnel position and billet (funded and unfunded,
filled and unfilled) in the Office against existing personnel
requirements.
(B) The methodology and process through which such
assessment was performed.
(C) Relevant statistical analysis on personnel position
fill rates against validated requirements.
(D) Analysis of each position, grade, and rank, and whether
the position description, grade, and rank match the function
and task requirements of the position.
(E) Plan to update rank, grades, and position descriptions
to meet current and future requirements, tasks, and functions.
(F) Any legislative, policy or budgetary recommendations of
the Secretary related to the subject matter of the report.
(d) Definitions.--In this section--
(1) the term ``civil service'' has the meaning given that term
in section 2101 of title 5, United States Code; and
(2) the term ``Office'' means the Office of the Under Secretary
of Defense for Personnel and Readiness.
SEC. 1112. MILITARY SPOUSE EMPLOYMENT ACT.
(a) Appointment of Military Spouses.--Section 3330d of title 5,
United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (3) as paragraph (4);
(B) by inserting after paragraph (2) the following:
``(3) The term `remote work' refers to a particular type of
telework under which an employee is not expected to report to an
officially established agency location on a regular and recurring
basis.''; and
(C) by adding at the end the following:
``(5) The term `telework' has the meaning given the term in
section 6501.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) a spouse of a member of the Armed Forces on active duty,
or a spouse of a disabled or deceased member of the Armed Forces,
to a position in which the spouse will engage in remote work.'';
and
(3) in subsection (c)(1), by striking ``subsection (a)(3)'' and
inserting ``subsection (a)(4)''.
(b) GAO Study and Report.--
(1) Definitions.--In this subsection--
(A) the terms ``agency'' means an agency described in
paragraph (1) or (2) of section 901(b) of title 31, United
States Code;
(B) the term ``employee'' means an employee of an agency;
(C) the term ``remote work'' means a particular type of
telework under which an employee is not expected to report to
an officially established agency location on a regular and
recurring basis; and
(D) the term ``telework'' means a work flexibility
arrangement under which an employee performs the duties and
responsibilities of such employee's position, and other
authorized activities, from an approved worksite other than the
location from which the employee would otherwise work.
(2) Requirement.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study and publish a report regarding the use of
remote work by agencies, which shall include a discussion of what
is known regarding--
(A) the number of employees who are engaging in remote
work;
(B) the role of remote work in agency recruitment and
retention efforts;
(C) the geographic location of employees who engage in
remote work;
(D) the effect that remote work has had on how often
employees are reporting to officially established agency
locations to perform the duties and responsibilities of the
positions of those employees and other authorized activities;
and
(E) how the use of remote work has affected Federal office
space utilization and spending.
SEC. 1113. AMENDMENTS TO THE JOHN S. MCCAIN STRATEGIC DEFENSE FELLOWS
PROGRAM.
(a) Selection of Participants.--Subsection (d)(2) of section 932 of
the John S. McCain National Defense Authorization Act for Fiscal Year
(Public Law 115-232; 10 U.S.C. 1580 note prec.) is amended to read as
follows:
``(2) Geographical representation.--Out of the total number of
individuals selected to participate in the fellows program, which
shall not exceed 60 individuals in any year, no more than 20
percent may be from any of the following geographic regions:
``(A) The Northeast United States.
``(B) The Southeast United States.
``(C) The Midwest United States.
``(D) The Southwest United States.
``(E) The Western United States.
``(F) Alaska, Hawaii, United States territories, and areas
outside the United States.''.
(b) Appointment and Career Development.--Such section is further
amended--
(1) in subsection (d)(3)--
(A) by striking ``assigned'' and inserting ``appointed'';
and
(B) by striking ``assignment'' and inserting
``appointment''; and
(2) by amending subsections (e) and (f) to read as follows:
``(e) Appointment.--
``(1) In general.--An individual who participates in the
fellows program shall be appointed into an excepted service
position in the Department.
``(2) Position requirements.--Each year, the head of each
Department of Defense Component shall submit to the Secretary of
Defense placement opportunities for participants in the fellows
program. Such placement opportunities shall provide for leadership
development and potential commencement of a career track toward a
position of senior leadership in the Department. The Secretary of
Defense, in coordination with the heads of Department of Defense
Components, shall establish qualification requirements for the
appointment of participants under paragraph (1).
``(3) Appointment to positions.--Each year, the Secretary of
Defense shall appoint participants in the fellows program to
positions in the Department of Defense Components. In making such
appointments, the Secretary shall seek to best match the
qualifications and skills of the participants with the requirements
for positions available for appointment.
``(4) Term.--The term of each appointment under the fellows
program shall be one year with the option to extend the appointment
up to one additional year.
``(5) Grade.--An individual appointed to a position under the
fellows program shall be appointed at a level between GS-10 and GS-
12 of the General Schedule based on the directly-related
qualifications, skills, and professional experience of the
individual.
``(6) Education loan repayment.--To the extent that funds are
provided in advance in appropriations Acts, the Secretary of
Defense may repay a loan of a participant in the fellows program if
the loan is described by subparagraph (A), (B), or (C) of section
16301(a)(1) of title 10, United States Code. Any repayment of a
loan under this paragraph may require a minimum service agreement,
as determined by the Secretary.
``(7) Department of defense component defined.--In this
subsection, the term `Department of Defense Component' means a
Department of Defense Component, as set forth in section 111 of
title 10, United States Code.
``(f) Career Development.--
``(1) In general.--The Secretary of Defense shall ensure that
participants in the fellows program--
``(A) receive career development opportunities and support
appropriate for the commencement of a career track within the
Department leading toward a future position of senior
leadership within the Department, including ongoing mentorship
support through appropriate personnel from entities within the
Department; and
``(B) are provided appropriate employment opportunities for
competitive and excepted service positions in the Department
upon successful completion of the fellows program.
``(2) Publication of selection.--The Secretary shall publish,
on an Internet website of the Department available to the public,
the names of the individuals selected to participate in the fellows
program.''.
SEC. 1114. INCLUDING MILITARY SERVICE IN DETERMINING FAMILY AND MEDICAL
LEAVE ELIGIBILITY FOR FEDERAL EMPLOYEES.
(a) Title 5.--Section 6381(1)(B) of title 5, United States Code, is
amended to read as follows:
``(B) has completed at least 12 months of service--
``(i) as an employee (as that term is defined in
section 2105) of the Government of the United States,
including service with the United States Postal Service,
the Postal Regulatory Commission, and a nonappropriated
fund instrumentality as described in section 2105(c); or
``(ii) which qualifies as honorable active service in
the Army, Navy, Air Force, Space Force, or Marine Corps of
the United States;''.
(b) FMLA.--
(1) In general.--A covered employee who has completed 12 months
of service which qualifies as honorable active service in the Army,
Navy, Air Force, Space Force, or Marine Corps of the United States
shall be deemed to have met the service requirement in section
101(1)(A) of the Family and Medical Leave Act of 1993,
notwithstanding the requirements of such section 101(1)(A).
(2) Covered employee defined.--In this subsection, the term
``covered employee''--
(A) includes--
(i) any Federal employee eligible for family and
medical leave under the Family and Medical Leave Act of
1993 based on their status as such an employee;
(ii) any Federal employee covered by the Congressional
Accountability Act of 1995 eligible for family and medical
leave by operation of section 202 of such Act;
(iii) any Federal employee of the Executive Office of
the President eligible for family and medical leave by
operation of section 412 of title 3, United States Code;
and
(iv) any non-judicial employee of the District of
Columbia courts and any employee of the District of
Columbia Public Defender Service; and
(B) does not include any member of the Commissioned Corps
of the Public Health Service or the Commissioned Corps of the
National Oceanic and Atmospheric Administration,
(c) Department of Veterans Affairs.--Not later than 6 months after
the date of enactment of this Act, the Secretary of Veterans Affairs
shall modify the family and medical leave program provided by operation
of section 7425(c) of title 38, United States Code, to conform with the
requirements of the amendment made by subsection (a) with respect to
military service in section 6381(1)(B)(ii) of title 5, United States
Code, as added by such subsection.
SEC. 1115. EXCEPTION TO LIMITATION ON NUMBER OF SENIOR EXECUTIVE
SERVICE POSITIONS FOR THE DEPARTMENT OF DEFENSE.
Section 1109(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2449; 5 U.S.C. 3133
note) is amended by adding at the end the following new paragraph:
``(3) Exception.--The limitation under this subsection shall
not apply to positions described in this subsection that are fully
funded through amounts appropriated to an agency other than the
Department of Defense.''.
SEC. 1116. EXTENSION OF DIRECT HIRE AUTHORITY FOR THE DEPARTMENT OF
DEFENSE FOR POST-SECONDARY STUDENTS AND RECENT GRADUATES.
Section 1106(d) of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended by striking
``September 30, 2025'' and inserting ``September 30, 2030''.
SEC. 1117. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT SPACE FORCE
SCHOOLS.
(a) In General.--Section 9371 of title 10, United States Code, is
amended--
(1) in the section heading, by inserting ``and Space Delta 13''
after ``Air University''
(2) in subsection (a), by inserting ``or of the Space Delta
13'' after ``Air University''; and
(3) in subsection (c)--
(A) in paragraphs (1), by inserting ``or of the Space Delta
13'' after ``Air University''; and
(B) in paragraph (2), by inserting ``or of the Space Delta
13'' after ``Air University''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 947 of such title is amended by striking the item relating to
section 9371 and inserting the following new item:
``9371. Air University and Space Delta 13: civilian faculty members.''.
SEC. 1118. REPORT AND SUNSET RELATING TO INAPPLICABILITY OF
CERTIFICATION OF EXECUTIVE QUALIFICATIONS BY QUALIFICATION REVIEW
BOARDS OF OFFICE OF PERSONNEL MANAGEMENT.
Section 1109 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (5 U.S.C. 3393 note) is amended--
(1) in subsection (d)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``paragraph (3)'' and inserting ``paragraph
(4)'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``paragraph (3)'' and inserting ``paragraph
(4)'';
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Additional report.--Not later than December 1, 2024, the
Secretary shall submit to the committees of Congress specified in
paragraph (4) and the Comptroller General of the United States a
report on the use of the authority provided in this section. The
report shall include the following:
``(A) The number and type of appointments made under this
section between August 13, 2018, and the date of the report.
``(B) Data on and an assessment of whether appointments
under the authority in this section reduced the time to hire
when compared with the time to hire under the review system of
the Office of Personnel Management in use as of the date of the
report.
``(C) An assessment of the utility of the appointment
authority and process under this section.
``(D) An assessment of whether the appointments made under
this section resulted in higher quality new executives for the
Senior Executive Service of the Department when compared with
the executives produced in the Department under the review
system in use between August 13, 2013, and August 13, 2018.
``(E) Any recommendation for the improvement of the
selection and qualification process for the Senior Executive
Service of the Department that the Secretary considers
necessary in order to attract and hire highly qualified
candidates for service in that Senior Executive Service.''; and
(2) in subsection (e), by striking ``August 13, 2023'' and
inserting ``September 30, 2025''.
SEC. 1119. EXPANSION OF NONCOMPETITIVE APPOINTMENT ELIGIBILITY TO
SPOUSES OF DEPARTMENT OF DEFENSE CIVILIANS.
(a) In General.--Section 3330d of title 5, United States Code, is
amended--
(1) in the section heading, by inserting ``and Department of
Defense civilian'' after ``military'';
(2) in subsection (a), by adding at the end the following:
``(4) The term `spouse of an employee of the Department of
Defense' means an individual who is married to an employee of the
Department of Defense who is transferred in the interest of the
Government from one official station within the Department to
another within the Department (that is outside of normal commuting
distance) for permanent duty.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) a spouse of an employee of the Department of Defense.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter I of chapter 33 of title 5, United States Code, is amended
by striking the item relating to section 3330d and inserting the
following:
``3330d. Appointment of military and Department of Defense civilian
spouses.''.
(c) OPM Limitation and Reports.--
(1) Relocating spouses.--With respect to the noncompetitive
appointment of a relocating spouse of an employee of the Department
of Defense under paragraph (3) of section 3330d(b) of title 5,
United States Code, as added by subsection (a), the Director of the
Office of Personnel Management shall--
(A) monitor the number of those appointments;
(B) require the head of each agency with the authority to
make those appointments under that provision to submit to the
Director an annual report on those appointments, including
information on the number of individuals so appointed, the
types of positions filled, and the effectiveness of the
authority for those appointments; and
(C) not later than 18 months after the date of enactment of
this Act, submit, to the Committees on Armed Services and
Homeland Security and Governmental Affairs of the Senate and
the Committees on Armed Services and Oversight and
Accountability of the House of Representatives, a report on the
use and effectiveness of the authority described in
subparagraph (B).
(2) Non-relocating spouses.--With respect to the noncompetitive
appointment of a spouse of an employee of the Department of Defense
other than a relocating spouse described in paragraph (1), the
Director of the Office of Personnel Management--
(A) shall treat the spouse as a relocating spouse under
paragraph (1); and
(B) may limit the number of those appointments.
(d) Sunset.--Effective on December 31, 2028--
(1) the authority provided by this section, and the amendments
made by this section, shall expire; and
(2) the provisions of section 3330d of title 5, United States
Code, amended or repealed by this section are restored or revived
as if this section had not been enacted.
SEC. 1120. ELIMINATION OF GOVERNMENT ACCOUNTABILITY OFFICE REVIEW
REQUIREMENT RELATING TO DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES.
Section 9902(h) of title 5, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``and the Comptroller
General,'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification of support of special operations for irregular
warfare.
Sec. 1202. Modification of combatant commander initiative fund.
Sec. 1203. Increase in small-scale construction limit and modification
of authority to build capacity.
Sec. 1204. Modifications to security cooperation workforce development
program and establishment of defense security cooperation
university.
Sec. 1205. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1206. Extension of cross-servicing agreements for loan of personnel
protection and personnel survivability equipment in coalition
operations.
Sec. 1207. Modification of authority to provide support to certain
governments for border security operations.
Sec. 1208. Extension of legal institutional capacity building initiative
for foreign defense institutions.
Sec. 1209. Report on ex gratia payments.
Sec. 1210. Authority to provide mission training through distributed
simulation.
Sec. 1211. Requirement for military exercises.
Subtitle B--Matters Relating to Other Authorities of the Department of
Defense
Sec. 1221. Modification of authority for expenditure of funds for
clandestine activities that support operational preparation of
the environment and non-conventional assisted recovery
capabilities.
Sec. 1222. Modification to the American, British, Canadian, and
Australian armies' program.
Sec. 1223. First modification of initiative to support protection of
national security academic researchers from undue influence
and other security threats.
Sec. 1224. Second modification of initiative to support protection of
national security academic researchers from undue influence
and other security threats.
Sec. 1225. Extension of authority for Department of Defense support for
stabilization activities in national security interest of the
United States.
Sec. 1226. Modification of Defense Operational Resilience International
Cooperation Pilot Program.
Sec. 1227. Extension of prohibition on in-flight refueling to non-United
States aircraft that engage in hostilities in the ongoing
civil war in Yemen.
Sec. 1228. Limitation on availability of funds for International
Security Cooperation Program.
Sec. 1229. Protection and legal preparedness for members of the Armed
Forces abroad.
Sec. 1230. Report on hostilities involving United States Armed Forces.
Sec. 1231. Congressional notification regarding the Global Engagement
Center.
Subtitle C--Matters Relating to Ukraine, Russia, and NATO
Sec. 1241. Extension of Ukraine Security Assistance Initiative.
Sec. 1242. Extension and modification of certain temporary
authorizations related to munitions replacement.
Sec. 1243. Report relating to allied and partner support to Ukraine.
Sec. 1244. Extension of prohibition on availability of funds relating to
sovereignty of the Russian Federation over internationally
recognized territory of Ukraine.
Sec. 1245. Study and report on lessons learned regarding information
operations and deterrence.
Sec. 1246. Prohibition on New START treaty information sharing.
Sec. 1247. Black Sea security and development strategy.
Sec. 1248. Revival of authority for participation of NATO naval
personnel in submarine safety programs.
Sec. 1249. Extension and modification of training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1250. U.S. basing, training, and exercises in North Atlantic Treaty
Organization member countries.
Sec. 1250A. Limitation on withdrawal from the North Atlantic Treaty
Organization.
Sec. 1250B. Oversight of programs and operations funded with amounts
appropriated by the United States for Ukraine.
Subtitle D--Matters Relating to Israel
Sec. 1251. Euro-NATO Joint Jet Pilot Training Program.
Sec. 1252. Extension of United States-Israel anti-tunnel cooperation.
Sec. 1253. Improvements relating to United States-Israel cooperation to
counter unmanned aerial systems.
Sec. 1254. Modification of authority for cooperation on directed energy
capabilities.
Sec. 1255. Ensuring peace through strength in Israel.
Sec. 1256. Assistance to Israel for aerial refueling.
Sec. 1257. Rules governing transfer of aerial refueling tankers to
Israel.
Sec. 1258. Report.
Subtitle E--Matters Relating to Syria, Iraq, Iran, and Afghanistan
Sec. 1261. Middle East integrated maritime domain awareness and
interdiction capability.
Sec. 1262. Modification of establishment of coordinator for detained
ISIS members and relevant populations in Syria.
Sec. 1263. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1264. Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1265. Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq.
Sec. 1266. Plan of action to equip and train Iraqi security forces and
Kurdish Peshmerga forces.
Sec. 1267. Prohibition on transfers to the Badr Organization.
Sec. 1268. Extension and modification of annual report on military power
of Iran.
Sec. 1269. Modification and update to report on military capabilities of
Iran and related activities.
Sec. 1270. Prohibition on funds to Iran.
Sec. 1271. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Sec. 1272. Prohibition on funding for the Taliban.
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR
WARFARE.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 127c the following:
``Sec. 127d. Support of special operations for irregular warfare
``(a) Authority.--The Secretary of Defense may, with the
concurrence of the relevant Chief of Mission, expend up to $20,000,000
during any fiscal year to provide support to foreign forces, irregular
forces, groups, or individuals engaged in supporting or facilitating
ongoing and authorized irregular warfare operations by United States
Special Operations Forces.
``(b) Funds.--Funds for support under this section in a fiscal year
shall be derived from amounts authorized to be appropriated for that
fiscal year for the Department of Defense for operation and
maintenance.
``(c) Procedures.--
``(1) In general.--The authority in this section shall be
exercised in accordance with such procedures as the Secretary shall
establish for purposes of this section.
``(2) Elements.--The procedures required under paragraph (1)
shall establish, at a minimum, the following:
``(A) Policy guidance for the execution of, and constraints
within, activities under the authority in this section.
``(B) The processes through which activities under the
authority in this section are to be developed, validated, and
coordinated, as appropriate, with relevant entities of the
United States Government.
``(C) The processes through which legal reviews and
determinations are made to comply with the authority in this
section and ensure that the exercise of such authority is
consistent with the national security of the United States.
``(D) The processes to ensure, to the extent practicable,
that before a decision to provide support is made, the
recipients of support do not pose a counterintelligence or
force protection threat and have not engaged in gross
violations of human rights.
``(E) The processes by which the Department shall keep the
congressional defense committees fully and currently informed
of--
``(i) the requirements for the use of the authority in
this section; and
``(ii) activities conducted under such authority.
``(3) Notice to congress on procedures and material
modifications.--The Secretary shall notify the congressional
defense committees of the procedures established pursuant to this
section before any exercise of the authority in this section, and
shall notify such committee of any material modification of the
procedures.
``(d) Construction of Authority.--Nothing in this section shall be
construed to constitute a specific statutory authorization for any of
the following:
``(1) The conduct of a covert action, as such term is defined
in section 503(e) of the National Security Act of 1947 (50 U.S.C.
3093(e)).
``(2) The introduction of United States Armed Forces (including
as such term is defined in section 8(c) of the War Powers
Resolution ( 50 U.S.C. 1547(c))) into hostilities or into
situations wherein hostilities are clearly indicated by the
circumstances.
``(3) The provision of support to regular forces, irregular
forces, groups, or individuals for the conduct of operations that
United States Special Operations Forces are not otherwise legally
authorized to conduct themselves.
``(4) The conduct or support of activities, directly or
indirectly, that are inconsistent with the laws of armed conflict.
``(e) Limitation on Delegation.--The authority of the Secretary to
make funds available under this section for support of a military
operation may not be delegated.
``(f) Programmatic and Policy Oversight.--The Assistant Secretary
of Defense for Special Operations and Low-Intensity Conflict shall have
primary programmatic and policy oversight within the Office of the
Secretary of Defense of support to irregular warfare activities
authorized by this section.
``(g) Notification.--
``(1) In general.--Not later than 15 days before exercising the
authority in this section to make funds available to initiate
support of an ongoing and authorized operation or changing the
scope or funding level of any support under this section for such
an operation by $500,000 or an amount equal to 10 percent of such
funding level (whichever is less), the Secretary shall notify the
congressional defense committees of the use of such authority with
respect to such operation. Any such notification shall be in
writing.
``(2) Elements.--A notification required by this subsection
shall include the following:
``(A) The type of support to be provided to United States
Special Operations Forces, and a description of the ongoing and
authorized operation to be supported.
``(B) A description of the foreign forces, irregular
forces, groups, or individuals engaged in supporting or
facilitating the ongoing and authorized operation that is to be
the recipient of funds.
``(C) The type of support to be provided to the recipient
of the funds, and a description of the end-use monitoring to be
used in connection with the use of the funds.
``(D) The amount obligated under the authority to provide
support.
``(E) The duration for which the support is expected to be
provided, and an identification of the timeframe in which the
provision of support will be reviewed by the commander of the
applicable combatant command for a determination with respect
to the necessity of continuing such support.
``(F) The determination of the Secretary that the provision
of support does not constitute any of the following:
``(i) An introduction of United States Armed Forces
(including as such term is defined in section 8(c) of the
War Powers Resolution (50 U.S.C. 1547(c))) into
hostilities, or into situations where hostilities are
clearly indicated by the circumstances, without specific
statutory authorization within the meaning of section 5(b)
of such Resolution (50 U.S.C. 1544(b)).
``(ii) A covert action, as such term is defined in
section 503(e) of the National Security Act of 1947 (50
U.S.C. 3093(e)).
``(iii) An authorization for the provision of support
to regular forces, irregular forces, groups, or individuals
for the conduct of operations that United States Special
Operations Forces are not otherwise legally authorized to
conduct themselves.
``(iv) The conduct or support of activities, directly
or indirectly, that are inconsistent with the laws of armed
conflict.
``(h) Notification of Suspension or Termination of Support.--
``(1) In general.--Not later than 48 hours after suspending or
terminating support to any foreign force, irregular force, group,
or individual provided pursuant to the authority in this section,
the Secretary shall submit to the congressional defense committees
a written notice of such suspension or termination.
``(2) Elements.--The written notice required by paragraph (1)
shall include each of the following:
``(A) A description of the reasons for the suspension or
termination of such support.
``(B) A description of any effect on regional, theater, or
global campaign plan objectives anticipated to result from such
suspension or termination.
``(C) A plan for such suspension or termination, and, in
the case of support that is planned to be transitioned to any
other program of the Department of Defense or to a program of
any other Federal department or agency, a detailed description
of the transition plan, including the resources, equipment,
capabilities, and personnel associated with such plan.
``(i) Biannual Reports.--
``(1) Report on preceding fiscal year.--Not later than 120 days
after the close of each fiscal year in which subsection (a) is in
effect, the Secretary shall submit to the congressional defense
committees a report on the support provided under this section
during the preceding fiscal year.
``(2) Report on current calendar year.-- Not later than 180
days after the submittal of each report required by paragraph (1),
the Secretary shall submit to the congressional defense committees
a report on the support provided under this section during the
first half of the fiscal year in which the report under this
paragraph is submitted.
``(3) Elements.--Each report required by this subsection shall
include the following:
``(A) A summary of the ongoing irregular warfare
operations, and associated authorized campaign plans, being
conducted by United States Special Operations Forces that were
supported or facilitated by foreign forces, irregular forces,
groups, or individuals for which support was provided under
this section during the period covered by such report.
``(B) A description of the support or facilitation provided
by such foreign forces, irregular forces, groups, or
individuals to United States Special Operations Forces during
such period.
``(C) The type of recipients that were provided support
under this section during such period, identified by authorized
category (foreign forces, irregular forces, groups, or
individuals).
``(D) A detailed description of the support provided to the
recipients under this section during such period.
``(E) The total amount obligated for support under this
section during such period, including budget details.
``(F) The intended duration of support provided under this
section during such period.
``(G) An assessment of value of the support provided under
this section during such period, including a summary of
significant activities undertaken by foreign forces, irregular
forces, groups, or individuals to support irregular warfare
operations by United States Special Operations Forces.
``(H) The total amount obligated for support under this
section in prior fiscal years.
``(j) Quarterly Briefings.--
``(1) In general.--Not less frequently than quarterly, the
Secretary shall provide to the congressional defense committees a
briefing on the use of the authority provided by this section, and
other matters relating to irregular warfare, with the primary
purposes of--
``(A) keeping the congressional defense committees fully
and currently informed of irregular warfare requirements and
activities, including emerging combatant commands requirements;
and
``(B) consulting with the congressional defense committees
regarding such matters.
``(2) Elements.--Each briefing required by paragraph (1) shall
include the following:
``(A) An update on irregular warfare activities within each
geographic combatant command and a description of the manner in
which such activities support the respective theater campaign
plan and the National Defense Strategy.
``(B) An overview of relevant authorities and legal issues,
including limitations.
``(C) An overview of irregular warfare-related interagency
activities and initiatives.
``(D) A description of emerging combatant command
requirements for the use of the authority provided by this
section.
``(k) Irregular Warfare Defined.--Subject to subsection (d), in
this section, the term `irregular warfare' means Department of Defense
activities not involving armed conflict that support predetermined
United States policy and military objectives conducted by, with, and
through regular forces, irregular forces, groups, and individuals.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
127c the following new item:
``127d. Support of special operations for irregular warfare.''.
(c) Repeal.--Section 1202 of the National Defense Authorization Act
for Fiscal Year 2018 is repealed.
SEC. 1202. MODIFICATION OF COMBATANT COMMANDER INITIATIVE FUND.
(a) In General.--Section 166a of title 10, United States Code, is
amended--
(1) in subsection (b), by adding at the end the following:
``(11) Incremental expenses (as such term is defined in section
301(5) of this title) related to security cooperation programs and
activities of the Department of Defense (as such term is defined in
section 301(7) of this title).''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) incremental expenses related to security cooperation
programs and activities of the Department of Defense, as authorized
by subsection (b)(11), for United States Africa Command and United
States Southern Command.''.
(b) Authorization of Appropriations.--Funds are authorized to be
appropriated to the Combatant Commander Initiative Fund for fiscal year
2024, as specified in section 4301 of this Act, to carry out the
activities authorized by paragraphs (7), (8), and (11) (as added by
subsection (a)(1)) of section 166a(b) of title 10, United States Code,
for United States Africa Command and United States Southern Command.
SEC. 1203. INCREASE IN SMALL-SCALE CONSTRUCTION LIMIT AND MODIFICATION
OF AUTHORITY TO BUILD CAPACITY.
(a) Definition of Small-scale Construction.--Section 301(8) of
title 10, United States Code, is amended by striking ``$1,500,000'' and
inserting ``$2,000,000''.
(b) Equipment Disposition.--Section 333 of title 10, United States
Code, is amended by adding at the end the following:
``(h) Equipment Disposition; Notice and Wait.--
``(1) The Secretary of Defense may treat as stocks of the
Department of Defense--
``(A) equipment procured to carry out a program pursuant to
subsection (a) that has not yet been transferred to a foreign
country and is no longer needed to support such program or any
other program carried out pursuant to such subsection; and
``(B) equipment that has been transferred to a foreign
country to carry out a program pursuant to subsection (a) and
is returned by the foreign country to the United States.
``(2) Notice and wait.--Not later than 15 days before
initiating activities under a program under subsection (a), the
Secretary of Defense shall submit to the appropriate committees of
Congress a written and electronic notice of the following:
``(A) The foreign country, and specific unit, whose
capacity was intended to be built under the program, and the
amount, type, and purpose of the equipment that was to be
provided.
``(B) An explanation why the equipment is no longer needed
to support such program or another program carried out pursuant
to such subsection.''.
(c) International Agreements.--Such section is further amended by
adding at the end the following:
``(i) International Agreements.--
``(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may--
``(A) allow a foreign country to provide sole-source
direction for assistance in support of a program carried out
pursuant to subsection (a); and
``(B) enter into an agreement with a foreign country to
provide such sole-source direction.
``(2) Notification.--Not later than 72 hours after the
Secretary of Defense enters into an agreement under paragraph (1),
the Secretary shall submit to the congressional defense committees
a written notification that includes the following:
``(A) A description of the parameters of the agreement,
including types of support, objectives, and duration of support
and cooperation under the agreement.
``(B) A description and justification of any anticipated
use of sole-source direction pursuant to such agreement.
``(C) An assessment of the extent to which the equipment to
be provided under the agreement--
``(i) responds to the needs of the foreign country; and
``(ii) can be sustained by the foreign country.
``(D) A determination as to whether the anticipated costs
to be incurred under the agreement are fair and reasonable.
``(E) A certification that the agreement is in the national
security interests of the United States.
``(F) Any other matter relating to the agreement, as
determined by the Secretary of Defense.''.
SEC. 1204. MODIFICATIONS TO SECURITY COOPERATION WORKFORCE DEVELOPMENT
PROGRAM AND ESTABLISHMENT OF DEFENSE SECURITY COOPERATION UNIVERSITY.
(a) Modifications to Program.--Section 384 of title 10, United
States Code, is amended--
(1) by amending subsection (c) to read as follows:
``(c) Elements.--The Program shall consist of elements relating to
the development and management of the security cooperation workforce
for the purposes specified in subsection (b), including the following
elements on training, certification, assignment, career development,
and tracking of personnel of the security cooperation workforce:
``(1) Establishment of a comprehensive system to track and
account for all Department of Defense personnel in the security
cooperation workforce, using systems of record in the military
departments, the Office of the Secretary of Defense, the combatant
commands, Defense Agencies, Department of Defense Field Activities,
and the National Guard.
``(2) Establishment of a management information system,
pursuant to regulations prescribed by the Secretary of Defense,
acting through the Under Secretary of Defense for Policy and the
Director of the Defense Security Cooperation Agency, to ensure that
all organizations and elements of the Department provide
standardized information and data to the Secretary on persons
serving in security cooperation positions. Such management
information system shall, at a minimum, provide for the collection
and retention of information concerning the qualification,
assignments, and tenure of persons in the security cooperation
workforce.
``(3) Implementation and management of the security cooperation
human capital initiative under subsection (e).
``(4) Establishment of a defense security cooperation service,
pursuant to regulations prescribed by the Secretary of Defense,
acting through the Under Secretary of Defense for Policy and the
Director of the Defense Security Cooperation Agency, to ensure that
security cooperation organizations of the United States located at
overseas missions possess the requisite personnel, and that such
personnel possess the skills needed, to properly perform their
missions, which shall include--
``(A) members of the armed forces and civilians assigned to
security cooperation organizations of United States missions
overseas who are performing security cooperation functions,
regardless of funding source; and
``(B) personnel of the Department of Defense performing
functions in furtherance of section 515 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321i).
``(5) Such other elements as the Secretary of Defense
determines appropriate.'';
(2) by amending subsection (d) to read as follows:
``(d) Management.--
``(1) In general.--The Program shall be managed by the Director
of the Defense Security Cooperation Agency.
``(2) Managing entity.--
``(A) Designation.--The Secretary of Defense, acting
through the Under Secretary of Defense for Policy and the
Director of the Defense Security Cooperation Agency, shall
designate the Defense Security Cooperation University to serve
as the lead entity for managing the implementation of the
Program.
``(B) Duties.--The Defense Security Cooperation University
shall carry out the management and implementation of the
Program, consistent with objectives formulated by the Secretary
of Defense, which shall include the following:
``(i) Providing for comprehensive tracking of and
accounting for all Department of Defense employees engaged
in the security cooperation enterprise.
``(ii) Providing training requirements specified at the
requisite proficiency levels for each position.
``(C) Reporting.--The Secretary of Defense shall ensure
that, not less frequently than semi-annually, each military
department, the Office of the Secretary of Defense, and each
combatant command, Defense Agency, Department of Defense Field
Activity, and unit of the National Guard submits to the Defense
Security Cooperation University a formal manpower document as
determined by the Director of the Defense Security Cooperation
Agency that--
``(i) lists each position in the security cooperation
workforce of the organization concerned as determined by
the Director of the Defense Security Cooperation Agency;
and
``(ii) uniquely codes every position within component
manpower systems for the security cooperation workforce for
the management and career development of the security
cooperation workforce, as determined by the Director of the
Defense Security Cooperation Agency.
``(3) Security cooperation workforce management information
system.--The Secretary of Defense, acting through the Director of
the Defense Security Cooperation Agency, shall prescribe
regulations to ensure that each military department, the Office of
the Secretary of Defense, and each combatant command, Defense
Agency, Department of Defense Field Activity, and unit of the
National Guard provides standardized information and data to the
Secretary on persons serving in positions within the security
cooperation workforce.'';
(3) by amending subsection (e) to read as follows:
``(e) Security Cooperation Human Capital Initiative.--
``(1) In general.--The Secretary shall implement a security
cooperation human capital initiative within the Defense Security
Cooperation University to identify, account for, and manage the
career progression of personnel in the security cooperation
workforce.
``(2) Elements.--The security cooperation human capital
initiative shall do the following:
``(A) Provide direction to the Department of Defense on the
establishment of professional career paths for the personnel of
the security cooperation workforce, addressing training and
education standards, promotion opportunities and requirements,
retention policies, and scope of workforce demands.
``(B) Provide for a mechanism to identify and define
training and certification requirements for security
cooperation positions in the Department and a means to track
workforce skills and certifications.
``(C) Provide for a mechanism to establish a program of
professional certification in Department of Defense security
cooperation for personnel of the security cooperation workforce
in different career tracks and levels of competency based on
requisite training and experience.
``(D) Establish requirements for training and professional
development associated with each level of certification
provided for under subparagraph (C).
``(E) Provide for a mechanism for assigning appropriately
certified personnel of the security cooperation workforce to
assignments associated with key positions in connection with
security cooperation programs and activities.
``(F) Identify the appropriate composition of career and
temporary personnel necessary to constitute the security
cooperation workforce.
``(G) Identify specific positions throughout the security
cooperation workforce to be managed and assigned through the
Program.
``(H) Identify career paths that provide a competency-based
road map for security cooperation employees to aid in their
career planning and professional development.
``(I) Develop a competency-based approach to the security
cooperation workforce that enables components of the Department
of Defense to incorporate competencies in recruitment and
retention tools such as job analysis, position descriptions,
vacancy announcements, selection assessment questionnaires, and
employee training and development plans.
``(J) Align with the Department of Defense and Defense
Security Cooperation Agency strategic planning, budget process,
performance management goals, and metrics to ensure the
appropriate workforce mix and skill sets to accomplish the
security cooperation mission.
``(K) Include assessment measures intended to assess
progress in implementing the security cooperation workforce
using results-oriented performance measures.'';
(4) in subsection (h)(6), by striking ``guidance issued under
subsection (e)'' and inserting ``security cooperation human capital
initiative under subsection (e)'';
(5) by redesignating subsections (f) through (h) (as amended)
as subsections (h) through (j), respectively;
(6) by inserting after subsection (e) the following new
subsections:
``(f) Foreign Military Sales Center of Excellence.--
``(1) Establishment.--The Secretary of Defense shall direct an
educational institution of the Department of Defense with the
requisite expertise in foreign military sales and in education,
training, research, and analysis of the security cooperation
workforce within the Department of Defense to serve as a Foreign
Military Sales Center of Excellence to improve the training and
education of personnel engaged in foreign military sales planning
and execution.
``(2) Objectives.--The objectives of the Foreign Military Sales
Center of Excellence shall include--
``(A) conducting research on and promoting best practices
for ensuring that foreign military sales are timely and
effective; and
``(B) enhancing existing curricula for the purpose of
ensuring that the foreign military sales workforce is fully
trained and prepared to execute the foreign military sales
program.
``(g) Defense Security Cooperation University.--
``(1) Charter.--The Secretary of Defense shall develop and
promulgate a charter for the operation of the Defense Security
Cooperation University.
``(2) Mission.--The charter required by paragraph (1) shall set
forth the mission, and associated structures and organizations, of
the Defense Security Cooperation University, which shall include--
``(A) management and implementation of international
military training and education security cooperation programs
and authorities executed by the Department of Defense;
``(B) management and provision of institutional capacity-
building services executed by the Department of Defense; and
``(C) advancement of the profession of security cooperation
through research, data collection, analysis, publication, and
learning.
``(3) Cooperative research and development arrangements.--
``(A) In general.--In engaging in research and development
projects pursuant to subsection (a) of section 4001 of this
title by a contract, cooperative agreement, or grant pursuant
to subsection (b)(1) of such section, the Secretary of Defense
may enter into such contract or cooperative agreement, or award
such grant, through the Defense Security Cooperation
University.
``(B) Treatment as government-operated federal
laboratory.--The Defense Security Cooperation University shall
be considered a Government-operated Federal laboratory for
purposes of section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a).
``(4) Acceptance of research grants.--
``(A) In general.--The Secretary of Defense, through the
Under Secretary of Defense for Policy, may authorize the
President of the Defense Security Cooperation University to
accept qualifying research grants. Any such grant may only be
accepted if the work under the grant is to be carried out by a
professor or instructor of the Defense Security Cooperation
University for a scientific, literary, or educational purpose.
``(B) Qualifying grants.--A qualifying research grant under
this paragraph is a grant that is awarded on a competitive
basis by an entity described in subparagraph (C) for a research
project with a scientific, literary, or educational purpose.
``(C) Entities from which grants may be accepted.--A grant
may be accepted under this paragraph only from a corporation,
fund, foundation, educational institution, or similar entity
that is organized and operated primarily for scientific,
literary, or educational purposes.
``(D) Administration of grant funds.--The Director of the
Defense Security Cooperation Agency shall establish an account
for administering funds received as research grants under this
section. The President of the Defense Security Cooperation
University shall use the funds in the account in accordance
with applicable provisions of the regulations and the terms and
condition of the grants received.
``(E) Related expenses.--Subject to such limitations as may
be provided in appropriations Acts, appropriations available
for the Defense Security Cooperation University may be used to
pay expenses incurred by the Defense Security Cooperation
University in applying for, and otherwise pursuing, the award
of qualifying research grants.
``(F) Regulations.--The Secretary of Defense, through the
Under Secretary of Defense for Policy, shall prescribe
regulations for the administration of this subsection.''; and
(7) by adding at the end the following new subsections:
``(k) Report on Security Cooperation Workforce.--
``(1) In general.--Not later than 2 years after the date of the
enactment of this subsection, and not less frequently than once
every 2 years thereafter, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the Department of Defense security
cooperation workforce.
``(2) Elements.--Each report under paragraph (1) shall--
``(A) identify current and projected security cooperation
workforce manpower requirements, including expeditionary
requirements within the context of total force planning, needed
to meet the security cooperation mission;
``(B) identify critical skill gaps (such as recruitment in
the existing or projected workforce) and development of
strategies to manage the security cooperation workforce to
address those gaps;
``(C) address development, validation, implementation, and
assessment of security cooperation workforce and Department-
wide competencies for security cooperation and associated
occupational series using the Department taxonomy;
``(D) produce a comparison between competency proficiency
levels against target proficiency levels at enterprise and
individual levels to identify competency gaps and gap closure
strategies, for competencies needed at the time of the report
and in the future;
``(E) identify any exceptions and waivers granted with
respect to the application of qualification, assignment, and
tenure policies, procedures, and practices to persons, billets
or positions;
``(F) indicate relative promotion rates for security
cooperation workforce personnel;
``(G) identify the funds requested or allocated for the
Department of Defense security cooperation workforce and
address whether such funds are sufficient to--
``(i) address the critical skill gaps identified
pursuant to subparagraph (B); and
``(ii) provide incentives to recruit and retain high-
quality personnel in the security cooperation workforce;
and
``(H) include any other matters the Secretary of Defense
determines appropriate.
``(l) Comptroller General Evaluation.--
``(1) In general.--The Comptroller General of the United States
shall conduct an independent evaluation of the actions taken by the
Secretary of Defense to carry out the requirements of this section.
``(2) Report.--Not later than 2 years after the date of the
enactment of this subsection, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report on the evaluation conducted under
paragraph (1). Such report shall include--
``(A) an analysis of the effectiveness of the actions taken
by the Secretary to carry out the requirements of this section;
and
``(B) such legislative and administrative recommendations
as the Comptroller General considers appropriate to meet the
objectives of this section.''.
(b) Modification to Sunset.--Section 1250(b)(1) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2529) is amended by striking ``2026'' and inserting ``2025''.
SEC. 1205. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393) is amended by striking ``beginning on October 1, 2022, and
ending on December 31, 2023'' and inserting ``beginning on October 1,
2023, and ending on December 31, 2024''.
(b) Modification to Limitation.--Subsection (d)(1) of such section
is amended--
(1) by striking ``beginning on October 1, 2022, and ending on
December 31, 2023'' and inserting ``beginning on October 1, 2023,
and ending on December 31, 2024''; and
(2) by striking ``$30,000,000'' and inserting ``$15,000,000''.
SEC. 1206. EXTENSION OF CROSS-SERVICING AGREEMENTS FOR LOAN OF
PERSONNEL PROTECTION AND PERSONNEL SURVIVABILITY EQUIPMENT IN COALITION
OPERATIONS.
Section 1207(f) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 10 U.S.C. 2342 note) is amended by striking ``December 31,
2024'' and inserting ``December 31, 2029''.
SEC. 1207. MODIFICATION OF AUTHORITY TO PROVIDE SUPPORT TO CERTAIN
GOVERNMENTS FOR BORDER SECURITY OPERATIONS.
Section 1226(a)(1) of the National Defense Authorization Act for
Fiscal Year 2016 (22 U.S.C. 2151 note) is amended by adding at the end
the following:
``(G) To the Government of Tajikistan for purposes of
supporting and enhancing efforts of the armed forces of
Tajikistan to increase security and sustain increased security
along the border of Tajikistan and Afghanistan.
``(H) To the Government of Uzbekistan for purposes of
supporting and enhancing efforts of the armed forces of
Uzbekistan to increase security and sustain increased security
along the border of Uzbekistan and Afghanistan.
``(I) To the Government of Turkmenistan for purposes of
supporting and enhancing efforts of the armed forces of
Turkmenistan to increase security and sustain increased
security along the border of Turkmenistan and Afghanistan.''.
SEC. 1208. EXTENSION OF LEGAL INSTITUTIONAL CAPACITY BUILDING
INITIATIVE FOR FOREIGN DEFENSE INSTITUTIONS.
Section 1210(e) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626) is amended by
striking ``December 31, 2024'' and inserting ``December 31, 2028''.
SEC. 1209. REPORT ON EX GRATIA PAYMENTS.
Section 1213(h) of the National Defense Authorization Act for
Fiscal Year 2020 (10 U.S.C. 2731 note) is amended--
(1) in the matter preceding paragraph (1)(A), by striking ``in
this subsection'' and inserting ``in this section''; and
(2) by amending paragraph (2) to read as follows:
``(2) The status of all other pending or denied ex gratia
payments or requests, including--
``(A) when any such request was made;
``(B) what steps the Department is taking to respond to the
request;
``(C) whether the Department denied any requests for any
such payment, along with the reason for such denial;
``(D) whether any such payment was refused, along with the
reason for such refusal, if known; or
``(E) any other reason for which a payment was not offered
or made.''.
SEC. 1210. AUTHORITY TO PROVIDE MISSION TRAINING THROUGH DISTRIBUTED
SIMULATION.
(a) Authority for Training and Distribution.--To enhance the
interoperability and integration between the United States Armed Forces
and the military forces of friendly foreign countries, effective
beginning on the date that is 30 days after the date on which the
Secretary of Defense submits the report required by subsection (d), the
Secretary of Defense, with the concurrence of the Secretary of State,
is authorized--
(1) to provide to military personnel of a friendly foreign
country persistent advanced networked training and exercise
activities (in this section referred to as ``mission training
through distributed simulation''); and
(2) to provide information technology related to mission
training through distributed simulation, including hardware and
computer software developed for such activities.
(b) Scope of Mission Training.--Mission training through
distributed simulation provided under subsection (a) may include
advanced distributed network training events and computer-assisted
exercises.
(c) Guidance on Use of Authority.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense shall
develop and issue guidance on the procedures for the use of the
authority provided in this section.
(d) Report.--
(1) In general.--The Secretary of Defense shall submit to the
appropriate committees of Congress a report on the anticipated use
of mission training through distributed simulation by military
personnel of friendly foreign countries.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of anticipated mission training through
distributed simulation activities between the United States
Armed Forces and the military forces of friendly foreign
countries.
(B) A description of the current capabilities of the
military forces of friendly foreign countries to support
mission training through distributed simulation activities with
the United States Armed Forces.
(C) A description of the manner in which the Department
intends to use mission training through distributed simulation
activities to support implementation of the National Defense
Strategy, including in areas of responsibility of the United
States European Command and the United States Indo-Pacific
Command.
(D) Any recommendation of the Secretary of Defense for
legislative proposals or policy guidance regarding the use of
mission training through distributed simulation activities.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(e) Sunset.--The authority provided in this section shall terminate
on December 31, 2025.
SEC. 1211. REQUIREMENT FOR MILITARY EXERCISES.
(a) Exercises Required.--Beginning on January 1 of the year which
begins after the date of the enactment of this Act, the Secretary of
Defense shall require the United States Central Command or other
relevant commands, units, or organizations of the United States Armed
Forces, as the Secretary deems appropriate, to conduct military
exercises that--
(1) occur not fewer than two times in a calendar year;
(2) shall include invitations for the armed forces of Israel,
provided that the Government of Israel consents to the
participation of its forces in such exercises;
(3) may include invitations for the armed forces of other
allies and partners of the United States to take part in the
exercises;
(4) seek to enhance the interoperability and effectiveness of
the United States Armed Forces, the armed forces of Israel, and the
armed forces of other allies and partners of the United States in
coalition operations; and
(5) shall include, at a minimum, the following activities--
(A) practicing or simulating large-scale and long-range
strike missions;
(B) practicing the aerial refueling of combat aircraft of
the armed forces of Israel by United States aerial refueling
aircraft; and
(C) practicing the provision by the United States Armed
Forces of other enabling capabilities to the armed forces of
Israel, including--
(i) logistics support;
(ii) intelligence, surveillance, and reconnaissance;
and
(iii) air defense.
(b) Certification.--Not later than December 31 of the calendar year
specified in subsection (a), the Secretary of Defense shall--
(1) submit to the congressional defense committees a
certification that the requirements of this section have been met
by December 31 of such calendar year; or
(2) if the requirements of this section are not met by December
31 of such calendar year, provide, in writing, the reasons the
requirements of this section were not met.
(c) Sunset.--The requirements in subsection (a) shall terminate on
December 31 of the calendar year specified in subsection (a).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services of the House of
Representatives; and
(2) the Committee on Armed Services of the Senate.
Subtitle B--Matters Relating to Other Authorities of the Department of
Defense
SEC. 1221. MODIFICATION OF AUTHORITY FOR EXPENDITURE OF FUNDS FOR
CLANDESTINE ACTIVITIES THAT SUPPORT OPERATIONAL PREPARATION OF THE
ENVIRONMENT AND NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.
(a) In General.--Section 127f of title 10, United States Code, is
amended--
(1) in the section heading, by adding at the end the following:
``and non-conventional assisted recovery capabilities'';
(2) in subsection (a)--
(A) by striking the first sentence and inserting the
following: ``(1) Amounts appropriated or otherwise made
available for the Department of Defense for operation and
maintenance, Defense-wide, may be used for any purpose the
Secretary of Defense determines to be proper--
``(A) for operational preparation of the environment for
operations of a confidential nature; or
``(B) to establish, develop, and maintain non-conventional
assisted recovery capabilities to facilitate the recovery of
United States military and civilian personnel, or other
individuals, who become isolated or separated.''; and
(B) by striking ``Such a determination'' and inserting the
following:
``(2) Such a determination'';
(3) by striking subsection (b) and inserting the following:
``(b) Authorized Activities.--Activities authorized by subsection
(a) may, in limited and special circumstances as determined by the
Secretary of Defense, include the provision of support to foreign
forces, irregular forces, groups, or individuals to conduct operational
preparation of the environment and to conduct or support operations to
establish, develop, and maintain non-conventional assisted recovery
capabilities to facilitate the recovery of United States military and
civilian personnel, or other individuals, who become isolated or
separated. Such support may include limited amounts of equipment,
supplies, training, transportation, or other logistical support or
funding.''.
(4) by redesignating subsections (c), (d), (e), (f), and (g) as
subsections (d), (e), (f), (g), and (h), respectively;
(5) by inserting after subsection (b), as amended, the
following:
``(c) Procedures.--
``(1) In general.--The authority in this section shall be
exercised in accordance with such procedures as the Secretary of
Defense shall establish for purposes of this section.
``(2) Elements.--The procedures required under paragraph (1)
shall establish, at a minimum, each of the following:
``(A) Policy, strategy, or other guidance for the execution
of, and constraints within, activities conducted under this
section.
``(B) The processes through which activities conducted
under this section are to be developed, validated, and
coordinated, as appropriate, with relevant Federal entities.
``(C) The processes through which legal reviews and
determinations are made to comply with the authority in this
section and ensure that the exercise of such authority is
consistent with the national security interests of the United
States.
``(D) The processes by which the Department of Defense
shall keep the congressional defense committees fully and
currently informed of--
``(i) the requirements for the use of the authority in
this section; and
``(ii) activities conducted under such authority.
``(3) Notice to congress.--The Secretary shall notify the
congressional defense committees of any material change to the
procedures established under paragraph (1).'';
(6) in subsection (d), as redesignated--
(A) in the subsection heading, by striking ``Limitation on
Delegation'' and inserting ``Limitations''; and
(B) by striking ``The Secretary of Defense may not
delegate'' and inserting the following: ``The Secretary of
Defense--
``(1) may expend up to $40,000,000 in any fiscal year for the
purposes described in subsection (a); and
``(2) may not delegate'';
(7) in subsection (g), as redesignated--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by striking paragraphs (1), (2), and (3) and inserting
the following:
``(1) a description of activities carried out for the purposes
described in subsection (a);
``(2) the amount of such expenditures;
``(3) an identification of the type of recipients to receive
support, including foreign forces, irregular forces, groups or
individuals, as appropriate;
``(4) the total amount of funds obligated for such expenditures
in prior fiscal years; and''; and
(8) by adding at the end the following:
``(i) Oversight by Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict.--The Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict shall have
primary responsibility within the Office of the Secretary of Defense
for oversight of policies and programs authorized by this section.
``(j) Operational Preparation of the Environment Defined.--In this
section, the term `operational preparation of the environment' means
the conduct of activities in likely or potential operational areas to
set conditions for mission execution.''.
(b) Clerical Amendment.--The table of sections for chapter 3 of
title 10, United States Code, is amended by striking the item relating
to section 127f and inserting the following:
``127f. Expenditure of funds for clandestine activities that support
operational preparation of the environment and non-
conventional assisted recovery capabilities.''.
SEC. 1222. MODIFICATION TO THE AMERICAN, BRITISH, CANADIAN, AND
AUSTRALIAN ARMIES' PROGRAM.
(a) In General.--Section 1274(a) of the National Defense
Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350a(a) note) is
amended by inserting ``or the air force program known as the Five Eyes
Air Force Interoperability Council'' after ``the American, British,
Canadian, and Australian Armies' Program''.
(b) Clerical Amendment.--The heading of section 1274 of such Act
(and the entry in the table of contents for such Act corresponding to
such section 1274) is amended to read as follows: ``Administration of
the American, British, Canadian, and Australian Armies' Program and the
Five Eyes Air Force Interoperability Council.''.
SEC. 1223. FIRST MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF
NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER
SECURITY THREATS.
(a) In General.--Section 1286(a) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) to limit academic institutions identified on the list
developed under subsection (c)(8)(A) from benefitting from funding
provided by the Department of Defense to United States academic
institutions; and''.
(b) Office of the Inspector General Report.--Not later than 18
months after the date of the enactment of this Act, the Office of the
Inspector General of the Department of Defense shall submit to the
congressional defense committees a report on--
(1) the implementation of the policies and procedures developed
under section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note), as
amended by this Act; and
(2) the implementation of the policies of the Department of
Defense required under National Security Presidential Memorandum-33
(NSPM-33).
SEC. 1224. SECOND MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF
NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER
SECURITY THREATS.
(a) In General.--Section 1286 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note) is
amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) Policies to limit or prohibit funding provided by the
Department of Defense for institutions or individual researchers
who knowingly contract or make other financial arrangements with
entities identified in the list described in paragraph (9), which
policies shall include--
``(A) use of such list as part of a risk assessment
decision matrix during proposal evaluations, including the
development of a question for proposers or broad area
announcements that require proposers to disclose any
contractual or financial connections with such entities;
``(B) a requirement that the Department shall notify a
proposer of suspected noncompliance with a policy issued under
this paragraph and provide not less than 30 days to take
actions to remedy such noncompliance;
``(C) the establishment of an appeals procedure under which
a proposer may appeal a negative decision on a proposal if the
decision is based on a determination informed by such list;
``(D) a requirement that each awardee of funding provided
by the Department shall disclose to the Department any contract
or financial arrangement made with such an entity during the
period of the award; and
``(E) a requirement that each awardee of funding provided
by the Department shall provide to the Department an annual
certification of compliance with policies promulgated pursuant
to this paragraph;''; and
(C) by adding at the end the following new paragraph:
``(11) Development of measures of effectiveness and performance
to assess and track progress of the Department of Defense across
the initiative, which measures shall include--
``(A) the evaluation of currently available data to support
the assessment of such measures, including the identification
of areas in which gaps exist that may require collection of
completely new data, or modifications to existing data sets;
``(B) current means and methods for the collection of data
in an automated manner, including the identification of areas
in which gaps exist that may require new means for data
collection or visualization of such data; and
``(C) the development of an analysis and assessment
methodology framework to make tradeoffs between the measures
developed under this paragraph and other metrics related to
assessing undue foreign influence on the Department of Defense
research enterprise, such as commercial due diligence,
beneficial ownership, and foreign ownership, control, and
influence.''; and
(2) in subsection (e)(2), by adding at the end the following
new subparagraph:
``(G) A description of the status of the measures of
effectiveness and performance described in subsection (c)(11)
for the period covered by such report, including an analytical
assessment of the impact of such measures on the goals of the
initiative.''.
(b) Deadline.--The Secretary of Defense shall develop the policies
required by paragraph (7) of section 1286(c) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001
note), as added by subsection (a)(1)(B), by not later than June 1,
2024.
SEC. 1225. EXTENSION OF AUTHORITY FOR DEPARTMENT OF DEFENSE SUPPORT FOR
STABILIZATION ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE UNITED
STATES.
Section 1210A(h) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626) is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2025''.
SEC. 1226. MODIFICATION OF DEFENSE OPERATIONAL RESILIENCE INTERNATIONAL
COOPERATION PILOT PROGRAM.
Section 1212 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2834; 10 U.S.C.
311 note) is amended--
(1) in subsection (a), by striking ``military forces'' and
inserting ``national security forces'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``military-to-
military relationships'' and inserting ``relationships with
the national security forces of partner countries''; and
(ii) in subparagraph (C), by striking ``military
forces'' and inserting ``national security forces''; and
(B) by adding at the end the following new paragraph:
``(4) Sustainment and non-lethal assistance.--A program under
subsection (a) may include the provision of sustainment and non-
lethal assistance, including training, defense services, and
supplies (including consumables).'';
(3) in subsection (e)(3)(A), by striking ``military force'' and
inserting ``national security forces''; and
(4) by adding at the end the following new subsection:
``(g) Definitions.--In this section the terms `defense services',
`national security forces', and `training' have the meaning given those
terms in section 301 of title 10, United States Code.''.
SEC. 1227. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING TO NON-
UNITED STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING CIVIL
WAR IN YEMEN.
Section 1273 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1699) is amended to read as
follows:
``SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED STATES
AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING CIVIL WAR IN YEMEN.
``For the one-year period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2024, the Department of Defense may not provide in-flight refueling
pursuant to section 2342 of title 10, United States Code, or any
other applicable statutory authority, to non-United States aircraft
that engage in hostilities in the ongoing civil war in Yemen unless
and until a declaration of war or a specific statutory
authorization for such use of the United States Armed Forces has
been enacted.''.
SEC. 1228. LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
SECURITY COOPERATION PROGRAM.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2024 for operation and maintenance,
Defense-wide, and available for the Defense Security Cooperation Agency
for the International Security Cooperation Program, not more than 85
percent may be obligated or expended until the Secretary of Defense
submits the security cooperation strategy for each covered combatant
command required by section 1206 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1960).
SEC. 1229. PROTECTION AND LEGAL PREPAREDNESS FOR MEMBERS OF THE ARMED
FORCES ABROAD.
(a) Review and Briefing Required.--
(1) In general.--Not later than December 31, 2024, the
Secretary of State, in coordination with the Secretary of Defense,
shall--
(A) review the legal protections afforded by bilateral
agreements between the United States and the countries listed
in paragraph (2), and how the rights and privileges afforded
under such agreements may differ from United States law; and
(B) brief the appropriate congressional committees on the
findings of the review.
(2) Countries listed.--The countries listed in this paragraph
are the following:
(A) Australia.
(B) Bahrain.
(C) Germany.
(D) Italy.
(E) Japan.
(F) Kuwait.
(G) Qatar.
(H) South Korea.
(I) Spain.
(J) Turkey.
(K) The United Kingdom.
(L) Any other country the Secretary of Defense determines
to be appropriate.
(3) Matters to be included.--The review required by paragraph
(1)(A) shall address whether the legal protections afforded by
bilateral agreements between the United States and the countries
listed in paragraph (2) provide members of the Armed Forces who are
stationed in the country, and the spouses and dependents of such
members who are covered by the agreements, with the right to legal
counsel, access to competent language translation services, a
prompt and speedy trial, the right to be confronted with witnesses
against the member, spouse, or dependent, and a compulsory process
for obtaining witnesses in favor of the member, spouse, or
dependent if the witness is located in the jurisdiction of the
country.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(b) Training Required.--The Secretary of Defense shall review and
improve as necessary training and educational materials for members of
the Armed Forces who are stationed in a country reviewed pursuant to
subsection (a)(1)(A), and the spouses and dependents of such members
who are covered by the agreements, regarding relevant foreign laws, how
such foreign laws may differ from the laws of the United States, and
the rights of accused in common scenarios under such foreign laws.
(c) Translation Standards and Readiness.--The Secretary of Defense
shall review foreign language standards for members of the Armed Forces
and employees of the Department of Defense who are responsible for
providing foreign language translation services in situations involving
foreign law enforcement where such a member or employee may be being
detained, to ensure such members and employees maintain an appropriate
proficiency in the legal terminology and meaning of essential terms in
a relevant language.
SEC. 1230. REPORT ON HOSTILITIES INVOLVING UNITED STATES ARMED FORCES.
(a) In General.--Not later than 48 hours after any incident in
which the United States Armed Forces are involved in an attack or
hostilities, whether in an offensive or defensive capacity, the
President shall transmit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a report on the
incident, unless the President--
(1) otherwise reports the incident within 48 hours pursuant to
section 4 of the War Powers Resolution (50 U.S.C. 1543); or
(2) has determined prior to the incident, and so reported
pursuant to section 1264 of the National Defense Authorization Act
for Fiscal Year 2018 (50 U.S.C. 1549), that the United States Armed
Forces involved in the incident would be operating under specific
statutory authorization within the meaning of section 5(b) of the
War Powers Resolution (50 U.S.C. 1544(b)).
(b) Matters to Be Included.--Each report required by subsection (a)
shall include--
(1) the authority or authorities under which the United States
Armed Forces were operating when the incident occurred;
(2) the date, location, and duration of the incident and the
other parties involved;
(3) a description of the United States Armed Forces involved in
the incident and the mission of such Armed Forces;
(4) the numbers of any combatant casualties and civilian
casualties that occurred as a result of the incident; and
(5) any other information the President determines appropriate.
SEC. 1231. CONGRESSIONAL NOTIFICATION REGARDING THE GLOBAL ENGAGEMENT
CENTER.
Not later than 30 days after making funds or personnel available to
the Global Engagement Center established pursuant to section 1287 of
the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C.
2656 note), the Secretary of Defense shall provide to the congressional
defense committees a notification that includes--
(1) an accounting of such funds or personnel; and
(2) an explanation of the reason for the availability of such
funds or personnel.
Subtitle C--Matters Relating to Ukraine, Russia, and NATO
SEC. 1241. EXTENSION OF UKRAINE SECURITY ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1068) is amended--
(1) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking
``for overseas contingency operations'' ; and
(B) by adding at the end the following:
``(9) For fiscal year 2024, $300,000,000.
``(10) For fiscal year 2025, $300,000,000.''; and
(2) in subsection (h), by striking ``December 31, 2024'' and
inserting ``December 31, 2026''.
SEC. 1242. EXTENSION AND MODIFICATION OF CERTAIN TEMPORARY
AUTHORIZATIONS RELATED TO MUNITIONS REPLACEMENT.
Section 1244 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) is amended--
(1) in the section heading, by striking ``and Other Matters''
and inserting ``, Taiwan, and Israel'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or replenish''
after ``to build'';
(ii) in subparagraph (B)--
(I) by striking ``the Government of Ukraine'' and
inserting ``Ukraine, Taiwan, or Israel''; and
(II) by striking ``; and'' and inserting ``; or'';
and
(iii) in subparagraph (C), by striking ``the Government
of Ukraine'' and inserting ``Ukraine, Taiwan, or Israel'';
(B) in paragraph (2)(B)(i)(II), by striking ``comparable''
and inserting ``equivalent'';
(C) in paragraph (5)--
(i) in the matter preceding subparagraph (A), by
inserting ``and associated parts'' after ``large-caliber
cannons'';
(ii) by amending subparagraph (A) to read as follows:
``(A) the replacement of defense articles from stocks of
the Department of Defense provided to--
``(i) the Ukraine, Taiwan, or Israel; or
``(ii) foreign countries that have provided support to
Ukraine, Taiwan, or Israel;'';
(iii) by amending subparagraph (B) to read as follows:
``(B) the Department of Defense to provide materiel
directly to Ukraine, Taiwan, or Israel; or''; and
(iv) by inserting after subparagraph (B), as so
amended, the following new subparagraph:
``(C) use by Ukraine, Taiwan, or Israel.'';
(D) by amending paragraph (6) to read as follows:
``(6) Temporary exemption from certified cost and pricing data
requirements.--
``(A) In general.--At the discretion of the Secretary of
Defense, the requirements under section 3702 of title 10,
United States Code, shall not apply to a covered agreement.
``(B) Application.--An exemption under subparagraph (A)
shall also apply to subcontracts under prime contracts that are
exempt under this paragraph.
``(C) Price reasonableness.--In awarding or modifying a
covered agreement pursuant to a waiver under subparagraph (A),
the Secretary of Defense shall base price reasonableness
determinations on actual cost and pricing data for purchases of
the same or similar products for the Department of Defense.'';
(E) in paragraph (7), by striking ``September 30, 2024''
and inserting ``September 30, 2028'';
(F) by redesignating paragraph (7), as so amended, as
paragraph (8); and
(G) by inserting after paragraph (6) the following new
paragraph:
``(7) Notification.--Not later than 7 days after the exercise
of authority under subsection (a) the Secretary of Defense shall
notify the congressional defense committees of the specific
authority exercised, the relevant contract, and the estimated
reductions in schedule.''; and
(3) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``or fiscal year 2024'' after ``fiscal
year 2023''; and
(ii) by inserting ``for systems, items, services, and
logistics support associated with the systems identified in
this paragraph (1)'' after ``multiyear contracts''.
(B) in subparagraph (P), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (Q), by striking the period at the end
and inserting a semicolon; and
(D) by inserting at the end the following new
subparagraphs:
``(R) 3,300 Tomahawk Cruise Missiles;
``(S) 1,100 Precision Strike Missiles (PrSM);
``(T) 550 Mark 48 Torpedoes;
``(U) 1,650 RIM-162 Evolved Sea Sparrow Missiles (ESSM);
``(V) 1,980 RIM-116 Rolling Airframe Missiles (RAM); and
``(W) 11,550 Small Diameter Bomb IIs (SDB-II).''.
SEC. 1243. REPORT RELATING TO ALLIED AND PARTNER SUPPORT TO UKRAINE.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
Defense shall submit to the congressional defense committees a report
on--
(1) all military contributions to Ukraine made by allied and
partner countries in absolute and relative terms, disaggregated by
country, since January 1, 2022; and
(2) any other matters that the Secretary determines to be
relevant.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(c) Sunset.--The reporting requirement in subsection (a) shall
terminate on January 1, 2025.
SEC. 1244. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS RELATING
TO SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER INTERNATIONALLY
RECOGNIZED TERRITORY OF UKRAINE.
Section 1245(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) is amended
by striking ``None of the funds'' and all that follows through ``2023''
and inserting ``None of the funds authorized to be appropriated for
fiscal year 2023 or 2024''.
SEC. 1245. STUDY AND REPORT ON LESSONS LEARNED REGARDING INFORMATION
OPERATIONS AND DETERRENCE.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek to enter
into a contract or other agreement with an eligible entity to
conduct an independent study on lessons learned from information
operations conducted by the United States, Ukraine, the Russian
Federation, and member countries of the North Atlantic Treaty
Organization during the lead-up to the Russian Federation's full-
scale invasion of Ukraine in 2022 and throughout the conflict.
(2) Elements.--The study required by paragraph (1) shall
include--
(A) an assessment of information operations capabilities of
the Russian Federation prior to, and since, the full-scale
invasion of Ukraine;
(B) an assessment of notable successes or challenges with
regard to the information operations conducted by the United
States, NATO member countries, and Ukraine prior to, and since,
the full-scale invasion of Ukraine; and
(C) recommendations for improvements to United States
information operations to enhance effectiveness, as well as
recommendations on how information operations may be improved
to support the maintenance of deterrence.
(b) Report.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study required by
subsection (a) in its entirety, along with any such comments as the
Secretary considers relevant.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified annex.
(c) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means--
(1) a federally funded research and development center; or
(2) an independent, nongovernmental institute described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code that has recognized
credentials and expertise in national security and military affairs
appropriate for the assessment.
SEC. 1246. PROHIBITION ON NEW START TREATY INFORMATION SHARING.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2024 for the
Department of Defense may be made available to provide the Russian
Federation with notifications as required by the New START Treaty.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the prohibition in subsection (a) if the
Secretary of Defense certifies to the appropriate congressional
committees in writing that--
(1) the Russian Federation is providing similar information to
the United States as required by the New START Treaty; or
(2) it is in the national security interest of the United
States to unilaterally provide such notifications to the Russian
Federation
(c) Definitions.--In this section--
(1) the term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the term ``New START Treaty'' means the Treaty between the
United States of America and the Russian Federation on Measures for
the Further Reduction and Limitation of Strategic Offensive Arms,
signed at Prague April 8, 2010, and entered into force February 5,
2011.
SEC. 1247. BLACK SEA SECURITY AND DEVELOPMENT STRATEGY.
(a) In General.--The President shall direct the National Security
Council to develop an interagency strategy with regard to the Black Sea
region and Black Sea states--
(1) to increase coordination with the North Atlantic Treaty
Organization (NATO) and the European Union;
(2) to deepen economic ties;
(3) to strengthen energy security;
(4) to support efforts to bolster their democratic resilience;
and
(5) to enhance security assistance with regional partners in
accordance with the values and interests of the United States.
(b) Purpose and Objectives.--The strategy authorized under
subsection (b) shall have the following goals and objectives:
(1) Ensuring the efficient and effective delivery of security
assistance to regional partners in accordance with the values and
interests of the United States, prioritizing assistance that will
bolster defenses, increase regional cooperation on Black Sea
security, and improve interoperability with NATO forces.
(2) Bolstering United States support for the region's energy
security and integration with Europe and reducing the region's
dependence on Russia while supporting energy diversification.
(3) Working with partners and allies to mitigate the impact of
economic coercion by the Russian Federation and the People's
Republic of China on Black Sea states and identifying new
opportunities for foreign direct investment from the United States
and cooperating countries and the enhancement of United States
business ties with regional partners in accordance with the values
and interests of the United States.
(4) Increasing high-level engagement between the United States
and regional partners, including reinforcing economic growth,
infrastructure development, and enhancing trade with a focus on
improving high-level economic cooperation.
(5) Increasing United States coordination with the European
Union and NATO member states to maximize effectiveness and minimize
duplication.
(c) Activities.--
(1) Security.--The strategy authorized under subsection (b)
should include the following elements related to security:
(A) A plan to increase interagency coordination on the
Black Sea region.
(B) A plan to coordinate and synchronize security
assistance with Black Sea states, focused on Ukraine, Romania,
Bulgaria, Moldova, and Georgia, with the aim of increasing
regional cooperation on Black Sea security.
(C) A plan to enhance collaboration with Black Sea states
to recognize and respond to Russian disinformation and
propaganda in the Black Sea region.
(2) Economic prosperity.--The strategy authorized under
subsection (b) shall include the following elements related to
economic prosperity:
(A) A strategy to foster dialogue between experts from the
United States and from the Black Sea states on economic
expansion, foreign direct investment, strengthening rule of law
initiatives, and mitigating economic coercion by the Russian
Federation and the People's Republic of China.
(B) A strategy for all the relevant Federal departments and
agencies that contribute to United States economic statecraft
to expand their presence and identify new opportunities for
private investment with regional partners in accordance with
the values and interests of the United States.
(C) Assessments on energy security, focusing on the
immediate need to replace energy supplies from the Russian
Federation, and recognizing the long-term importance of broader
energy diversification.
(D) Assessments of potential food security solutions,
including sustainable, long-term arrangements.
(3) Democratic resilience.--The strategy authorized under
subsection (b) shall include the following elements related to
democratic resilience:
(A) A plan to increase independent media and United States-
supported media initiatives to combat foreign malign influence
in the Black Sea region.
(B) A plan to increase mobilization of initiatives
spearheaded by the Department of State and the United States
Agency for International Development to counter Russian
propaganda and disinformation in the Black Sea region.
(d) Identification of Necessary Authorities and Budgetary
Resources.--The President shall identify any necessary authorities or
budgetary resources required, by agency, to support the implementation
of the strategy for fiscal years 2025 and 2026.
(e) Submission of Strategy and Resource Assessment.--The President
shall submit to the appropriate committees of Congress--
(1) the strategy authorized by subsection (b) not later than
180 days after the date of the enactment of this Act; and
(2) the authority and resourcing assessment required by
subsection (d) not later than 360 days after such date of
enactment.
(f) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Appropriations, the Select
Committee on Intelligence, and the Committee on Energy and
Natural Resources of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Appropriations, the Permanent
Select Committee on Intelligence, and the Committee on Energy
and Commerce of the House of Representatives.
(2) Black sea states.--The term ``Black Sea states'' means--
(A) Bulgaria;
(B) Georgia;
(C) Moldova;
(D) Romania;
(E) Turkey; and
(F) Ukraine.
SEC. 1248. REVIVAL OF AUTHORITY FOR PARTICIPATION OF NATO NAVAL
PERSONNEL IN SUBMARINE SAFETY PROGRAMS.
(a) In General.--Subsection (e) of section 8634 of title 10, United
States Code, is repealed.
(b) Conforming Amendment.--Subsection (a) of such section 8634 is
amended by striking ``the Secretary of the Navy may conduct a program''
and inserting ``the Secretary of the Navy may conduct a program
beginning on or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024''.
SEC. 1249. EXTENSION AND MODIFICATION OF TRAINING FOR EASTERN EUROPEAN
NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL EXERCISES.
Section 1251 of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 333 note) is amended--
(1) in subsection (c)(1), by adding at the end the following
new subparagraph:
``(C) The Republic of Kosovo.''; and
(2) in subsection (h)--
(A) in the first sentence, by striking ``December 31,
2024'' and inserting ``December 31, 2026''; and
(B) in the second sentence, by striking ``December 31,
2024.'' and inserting ``December 31, 2026''.
SEC. 1250. U.S. BASING, TRAINING, AND EXERCISES IN NORTH ATLANTIC
TREATY ORGANIZATION MEMBER COUNTRIES.
When considering decisions related to United States military
basing, training, and exercises, the Secretary of Defense shall include
among the factors whether a country, if a member of the North Atlantic
Treaty Organization, has achieved defense spending of not less than 2
percent of its gross domestic product.
SEC. 1250A. LIMITATION ON WITHDRAWAL FROM THE NORTH ATLANTIC TREATY
ORGANIZATION.
(a) Opposition of Congress to Suspension, Termination,
Denunciation, or Withdrawal From North Atlantic Treaty.--The President
shall not suspend, terminate, denounce, or withdraw the United States
from the North Atlantic Treaty, done at Washington, DC, April 4, 1949,
except by and with the advice and consent of the Senate, provided that
two-thirds of the Senators present concur, or pursuant to an Act of
Congress.
(b) Limitation on the Use of Funds.--No funds authorized or
appropriated by any Act may be used to support, directly or indirectly,
any decision on the part of any United States Government official to
suspend, terminate, denounce, or withdraw the United States from the
North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by
and with the advice and consent of the Senate, provided that two-thirds
of the Senators present concur, or pursuant to an Act of Congress.
(c) Notification of Treaty Action.--
(1) Consultation.--Prior to the notification described in
paragraph (2), the President shall consult with the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives in relation to any
initiative to suspend, terminate, denounce, or withdraw the United
States from the North Atlantic Treaty.
(2) Notification.--The President shall notify the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives in writing of any
deliberation or decision to suspend, terminate, denounce, or
withdraw the United States from the North Atlantic Treaty, as soon
as possible but in no event later than 180 days prior to taking
such action.
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize, imply, or otherwise indicate that the President
may suspend, terminate, denounce, or withdraw from any treaty to which
the Senate has provided its advice and consent without the advice and
consent of the Senate to such act or pursuant to an Act of Congress.
(e) Severability.--If any provision of this section or the
application of such provision is held by a Federal court to be
unconstitutional, the remainder of this subtitle and the application of
such provisions to any other person or circumstance shall not be
affected thereby.
(f) Definitions.--In this subtitle, the terms ``withdrawal'',
``denunciation'', ``suspension'', and ``termination'' have the meaning
given the terms in the Vienna Convention on the Law of Treaties,
concluded at Vienna May 23, 1969.
SEC. 1250B. OVERSIGHT OF PROGRAMS AND OPERATIONS FUNDED WITH AMOUNTS
APPROPRIATED BY THE UNITED STATES FOR UKRAINE.
(a) Special Inspector General for Operation Atlantic Resolve.--
(1) In general.--Subject to the requirements of this section,
the President, acting through the Chair of the Council of the
Inspectors General on Integrity and Efficiency, shall maintain the
position of the Lead Inspector General for Operation Atlantic
Resolve in accordance with section 419 of title 5, United States
Code.
(2) Redesignation.--
(A) In general.--The title of the position of the Lead
Inspector General for Operation Atlantic Resolve is hereby
redesignated as the ``Special Inspector General for Operation
Atlantic Resolve'' (in this section referred to as the
``Special Inspector General'').
(B) References.--Any reference in law, regulation,
document, paper, or other record of the United States to the
Lead Inspector General for Operation Atlantic Resolve shall be
deemed to be a reference to the Special Inspector General for
Operation Atlantic Resolve.
(b) Briefings.--Upon request by the Chair or Ranking Member of an
appropriate committee of Congress, not later than 30 days after
receiving the request, the Special Inspector General shall to the
extent practicable provide a briefing to such committee on the
activities of the Special Inspector General with respect to programs
and operations funded with amounts appropriated by the United States
for Ukraine.
(c) Publication of Accounting of United States Assistance for
Ukraine.--Not later than 45 days after the date of the enactment of
this Act, and every 90 days thereafter, the President shall publish on
a publicly available website of the United States Government a
comprehensive accounting of unclassified amounts appropriated by the
United States for Ukraine.
(d) Quarterly Reports.--
(1) In general.--Not later than 45 days after the end of each
fiscal-year quarter, the Special Inspector General shall submit to
the appropriate committees of Congress a report summarizing, with
respect to that quarter and, to the extent possible, the period
beginning on the date on which such quarter ends and ending on the
date on which the report is submitted, the activities of the
Special Inspector General with respect to programs and operations
funded with amounts appropriated by the United States for Ukraine
for--
(A) security, economic, and humanitarian assistance to
Ukraine and other countries affected by the war;
(B) United States European Command operations and related
support for the United States military; and
(C) operations of other relevant United States Government
agencies involved in the Ukraine response, as appropriate.
(2) Elements.--Each report required by paragraph (1) shall
include, for the period covered by the report--
(A) a description of any waste, fraud, or abuse identified
by the Inspectors General with respect to programs and
operations funded with amounts appropriated by the United
States for Ukraine;
(B) a description of the status and results of--
(i) investigations, inspections, and audits; and
(ii) referrals to the Department of Justice; and
(C) a description of the overall plans for review by the
Inspectors General of such support of Ukraine, including plans
for investigations, inspections, and audits.
(3) Availability.--The Special Inspector General shall publish
on a publicly available website the unclassified form of each
report required by paragraph (1).
(4) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex
if the Special Inspector General considers it necessary.
(e) Rule of Construction.--Nothing in this section may be construed
to limit the Special Inspector General from exercising all authorities
and discharging all responsibilities granted to the Lead Inspector
General for Operation Atlantic Resolve in accordance with section 419
of title 5, United States Code, in the exercise of oversight
responsibilities for Operation Atlantic Resolve generally and under
this section with respect to Ukraine.
(f) Sunset.--The requirements and authorities of this section with
respect to the Special Inspector General shall cease in accordance with
the sunset provisions for the Lead Inspector General for Operation
Atlantic Resolve pursuant to section 419(f) of title 5, United States
Code.
(g) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Relations, and the Committee
on Homeland Security and Governmental Affairs of the Senate;
and
(B) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Affairs, and the Committee
on Oversight and Accountability of the House of
Representatives.
(2) The term ``Inspectors General'' means the following:
(A) The Inspector General of the Department of Defense.
(B) The Inspector General of the Department of State.
(C) The Inspector General of the United States Agency for
International Development.
(h) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2024 $8,000,000 to carry out this section.
(i) Expansion and Extension of Direct Hire Authority for Certain
Personnel of the Department of Defense.--
(1) Expansion.--Section 9905(a) of title 5, United States Code,
as amended by section 1104, is further amended by adding at the end
the following new paragraph:
``(14) Any position in support of Special Inspector General for
Operation Atlantic Resolve for which the Secretary determines there
is a critical hiring need and shortage of candidates.''.
(2) Extension.--Section 9905(b)(1) of title 5, United States
Code, is amended by striking ``September 30, 2025'' and inserting
``September 30, 2030''.
Subtitle D--Matters Relating to Israel
SEC. 1251. EURO-NATO JOINT JET PILOT TRAINING PROGRAM.
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 feasibility and advisability of including
Israel in observer status in the Euro-NATO Joint Jet Pilot Training
Program (ENJJPT).
SEC. 1252. EXTENSION OF UNITED STATES-ISRAEL ANTI-TUNNEL COOPERATION.
Section 1279(f) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1079; 22 U.S.C. 8606
note) is amended by striking ``December 31, 2024'' and inserting
``December 31, 2026''.
SEC. 1253. IMPROVEMENTS RELATING TO UNITED STATES-ISRAEL COOPERATION TO
COUNTER UNMANNED AERIAL SYSTEMS.
Section 1278(b)(4) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1702; 22 U.S.C. 8606
note) is amended by striking ``$40,000,000'' and inserting
``$55,000,000''.
SEC. 1254. MODIFICATION OF AUTHORITY FOR COOPERATION ON DIRECTED ENERGY
CAPABILITIES.
Section 1280 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3982; 22 U.S.C. 8606 note) is amended--
(1) in subsection (d), in the first sentence--
(A) by inserting ``acting through the Under Secretary of
Defense for Research and Engineering,'' after ``the Secretary
of Defense,''; and
(B) by striking ``may establish a program'' and inserting
``is authorized''; and
(2) by adding at the end the following new subsection:
``(e) Notification.--
``(1) In general.--Not later than 120 days after the date of
the enactment of this subsection, the Under Secretary of Defense
for Research and Engineering shall submit to the appropriate
committees of Congress an assessment detailing--
``(A) the most promising directed energy missile defense
technologies available for co-development with the Government
of Israel;
``(B) any risks relating to the implementation of a
directed energy missile defense technology co-development
program with the Government of Israel;
``(C) an anticipated spending plan for fiscal year 2024
funding authorized by the National Defense Authorization Act
for Fiscal Year 2024 to carry out this section; and
``(D) initial projections for likely funding requirements
to carry out a directed energy missile defense technology co-
development program with the Government of Israel over the five
fiscal years beginning after the date of the enactment this
subsection, as applicable.
``(2) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress' means--
``(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
``(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.''.
SEC. 1255. ENSURING PEACE THROUGH STRENGTH IN ISRAEL.
(a) Extension of Authorities.--
(1) War reserves stockpile authority.--Section 12001(d) of the
Department of Defense Appropriations Act, 2005 (Public Law 108-287;
118 Stat. 1011) is amended by striking ``September 30, 2025'' and
inserting ``January 1, 2027''.
(2) Rules governing the transfer of precision-guided munitions
to israel above the annual restriction.--Section 1275(e) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3980; 22 U.S.C.
2321h note) is amended by striking ``on the date that is three
years after the date of the enactment of this Act'' and inserting
``on January 1, 2027''.
(b) Department of Defense Assessment of Type and Quantity of
Precision-guided Munitions and Other Munitions for Use by Israel.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter through December 31,
2027, the Secretary of Defense, in consultation with the Secretary
of State, shall conduct an assessment with respect to the
following:
(A) The current quantity and type of precision-guided
munitions in the stockpile pursuant to section 12001(d) of the
Department of Defense Appropriations Act, 2005 (Public Law 108-
287; 118 Stat. 1011).
(B) The quantity and type of precision-guided munitions
necessary for Israel to protect its homeland and counter
Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed
terror group or hostile forces in the region in the event of a
sustained armed confrontation.
(C) The quantity and type of other munitions necessary for
Israel to protect its homeland and counter Hezbollah, Hamas,
Palestinian Islamic Jihad, or any other armed group or hostile
forces in the region in the event of a sustained armed
confrontation.
(D) The quantity and type of munitions, including
precision-guided munitions, necessary for Israel to protect its
homeland and counter any combination of Hezbollah, Hamas,
Palestinian Islamic Jihad, and any other armed terror groups or
hostile forces in the region in the event of a multi-front,
sustained armed confrontation.
(E) The resources the Government of Israel would need to
dedicate to acquire the quantity and type of munitions,
including precision-guided munitions, described in
subparagraphs (B) through (D).
(F) Whether, as of the date on which the applicable
assessment is completed, sufficient quantities and types of
munitions, including precision-guided munitions, to conduct
operations described in subparagraphs (B) through (D) are
present in--
(i) the inventory of the military forces of Israel;
(ii) the War Reserves Stock Allies-Israel;
(iii) any other United States stockpile or depot within
the area of responsibility of United States Central
Command, as the Secretary considers appropriate to disclose
to the Government of Israel; or
(iv) the inventory of the United States Armed Forces,
as the Secretary considers appropriate to disclose to the
Government of Israel.
(G) The current inventory of such munitions, including
precision-guided munitions, possessed by the United States, and
whether, as of the date on which the applicable assessment is
completed, the United States is assessed to have sufficient
munitions to meet the requirements of current operation plans
of the United States or global other munitions requirements.
(H) United States planning and steps being taken--
(i) to assist Israel to prepare for the contingencies,
and to conduct the operations, described in subparagraphs
(B) through (D); and
(ii) to resupply Israel with the quantity and type of
such munitions described in such subparagraphs in the event
of a sustained armed confrontation described in such
subparagraphs.
(I) The quantity and pace at which the United States is
capable of pre-positioning, increasing, stockpiling, or rapidly
replenishing, or assisting in the rapid replenishment of, such
munitions in preparation for, and in the event of, such a
sustained armed confrontation.
(2) Consultation.--In carrying out the assessment required by
paragraph (1), the Secretary shall consult with the Israeli
Ministry of Defense, provided that the Israeli Ministry of Defense
agrees to be so consulted.
(c) Reports.--
(1) Department of defense assessment.--Not later than 15 days
after the date on which each Department of Defense assessment
required by subsection (b) is completed, the Secretary shall submit
to the appropriate committees of Congress a report on such
assessment.
(2) Pre-positioning and stockpile implementation report.--Not
later than 180 days after the date on which the report required by
paragraph (1) is submitted, and every 180 days thereafter through
December 31, 2027, the Secretary shall submit to the appropriate
committees of Congress a report that--
(A) details the actions being taken by the United States,
if any, to pre-position, increase, stockpile, address
shortfalls, and otherwise ensure that the War Reserves Stock
Allies-Israel has, and assist Israel in ensuring that Israel
has, sufficient quantities and types of munitions, including
precision-guided munitions, to conduct the operations described
in subparagraphs (B) through (D) of subsection (b)(1); and
(B) includes a description of procedures implemented by the
United States, if any, for rapidly replenishing, or assisting
in the rapid replenishment of, stockpiles of such munitions for
use by Israel as may be necessary.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified annex.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(d) Consolidation of Reports.--
(1) Section 1273 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2066) is amended by striking subsection (b).
(2) Section 1275 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283;
134 Stat. 3979; 22 U.S.C. 2321h note) is amended by striking
subsection (d).
SEC. 1256. ASSISTANCE TO ISRAEL FOR AERIAL REFUELING.
(a) Training Israeli Pilots to Operate KC-46 Aircraft.--
(1) In general.--The Secretary of the Air Force shall--
(A) make available sufficient resources and accommodations
within the United States to train members of the Israeli Air
Force on the operation of KC-46 aircraft; and
(B) conduct training for members of the Israeli Air Force,
including--
(i) training for pilots and crew on the operation of
the KC-46 aircraft in accordance with standards considered
sufficient to conduct coalition operations of the United
States Air Force and the Israeli Air Force; and
(ii) training for ground personnel on the maintenance
and sustainment requirements of the KC-46 aircraft
considered sufficient for such operations.
(2) United states air force military personnel exchange
program.--The Secretary of Defense shall, with respect to members
of the Israeli Air Force associated with the operation of KC-46
aircraft--
(A) before the completion of the training required by
paragraph (1)(B), authorize the participation of such members
of the Israeli Air Force in the United States Air Force
Military Personnel Exchange Program;
(B) make available billets in the United States Air Force
Military Personnel Exchange Program necessary for such members
of the Israeli Air Force to participate in such program; and
(C) to the extent practicable, ensure that such members of
the Israeli Air Force are able to participate in the United
States Air Force Military Personnel Exchange Program
immediately after such members complete such training.
(3) Termination.--This subsection shall cease to have effect on
the date that is ten years after the date of the enactment of this
Act.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing that includes the following:
(1) An assessment of--
(A) the current operational requirements of the Government
of Israel for aerial refueling; and
(B) any gaps in current or near-term capabilities.
(2) The estimated date of delivery to Israel of KC-46 aircraft
procured by the Government of Israel.
(3) A detailed description of--
(A) any actions the United States Government is taking to
expedite the delivery to Israel of KC-46 aircraft procured by
the Government of Israel, while minimizing adverse impacts to
United States defense readiness, including strategic forces
readiness;
(B) any additional actions the United States Government
could take to expedite such delivery; and
(C) additional authorities Congress could provide to help
expedite such delivery.
(4) A description of the availability of any United States
aerial refueling tanker aircraft that is retired or is expected to
be retired during the two-year period beginning on the date of the
enactment of this Act that could be provided to Israel.
(c) Costs and Benefits of Forward Deployment of United States KC-46
Aircraft to Israel.--
(1) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing that describes the costs and benefits of
forward deploying KC-46 aircraft to Israel.
(2) Presence.--The Secretary of Defense, in consultation with
the Secretary of State, shall consult with the Government of Israel
to determine the advisability and practicality of the Government of
Israel hosting rotational deployments of United States KC-46
aircraft to Israel.
SEC. 1257. RULES GOVERNING TRANSFER OF AERIAL REFUELING TANKERS TO
ISRAEL.
(a) In General.--Notwithstanding section 514(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h(b)), and subject to subsections
(b) and (c) of this section, the President, acting through the
Secretary of Defense, may transfer to Israel one or more retired United
States aerial refueling tankers, any United States aerial refueling
tanker that the Secretary of Defense plans to retire during the two-
year period beginning on the date of the enactment of this Act, or any
other United States aerial refueling tanker the President considers
appropriate, consistent with--
(1) all other requirements set forth in the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.); and
(2) the requirements set forth in the Arms Export Control Act
(22 U.S.C. 2751 et seq.).
(b) Conditions.--Except in the case of an emergency, as determined
by the President, a transfer under subsection (a) may only occur if the
transfer--
(1) does not affect the ability of the United States to
maintain a sufficient aerial refueling capacity to satisfy United
States warfighting requirements;
(2) does not harm the combat readiness of the United States;
(3) does not affect the ability of the United States to meet
its commitments to allies with respect to the transfer of aerial
refueling capacity; and
(4) is in the national security interest of the United States.
(c) Certification.--
(1) In general.--Except in the case of an emergency, as
determined by the President, not later than 15 days before making a
transfer under subsection (a), the Secretary of Defense shall
certify to the appropriate congressional committees that the
transfer meets the conditions specified in subsection (b).
(2) Emergencies.--In the case of an emergency, as determined by
the President, not later than five days after making a transfer
under subsection (a), the President shall--
(A) certify to the appropriate congressional committees
that the transfer supports the national security interests of
the United States; and
(B) provide to the appropriate congressional committees an
assessment of the impacts, risks, and mitigation measures with
respect to the matters referred to in paragraphs (1) through
(4) of subsection (b).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1258. REPORT.
(a) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on whether any products sold at commissary or
exchange stores in fiscal years 2021 or 2022 were produced by
companies described in paragraph (2) that have participated in a
boycott action against the State of Israel.
(2) Companies described.--The companies described in this
paragraph are companies that have entered into a contract with the
Department of Defense to sell products described in paragraph (1)
the total value of which exceeds $10,000,000.
(b) Sense of Congress.--Congress is concerned about the antisemitic
efforts of the Boycott, Divestment, and Sanctions (BDS) movement
against the State of Israel, including its efforts to delegitimize,
isolate, and ultimately destroy the Jewish state.
(c) Definition.--In subsection (a), the term ``boycott action
against the State of Israel'' means engaging in a boycott action
targeting the State of Israel, companies or individuals doing business
in or with the State of Israel, or companies authorized by, licensed
by, or organized under the laws of the State of Israel to do business.
Subtitle E--Matters Relating to Syria, Iraq, Iran, and Afghanistan
SEC. 1261. MIDDLE EAST INTEGRATED MARITIME DOMAIN AWARENESS AND
INTERDICTION CAPABILITY.
(a) In General.--The Secretary of Defense, using existing
authorities, shall seek to build upon the incorporation of Israel into
the area of responsibility of the United States Central Command to
develop a Middle East integrated maritime domain awareness and
interdiction capability for the purpose of protecting the people,
infrastructure, and territory of such countries from--
(1) manned and unmanned naval systems, undersea warfare
capabilities, and anti-ship missiles of Iran and groups affiliated
with Iran; and
(2) violent extremist organizations, criminal networks, and
piracy activities that threaten lawful commerce in the waterways
within the area of responsibility of the United States Naval Forces
Central Command.
(b) Strategy.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Secretary of State, shall submit to the appropriate
committees of Congress a strategy for the cooperation described in
subsection (a).
(2) Matters to be included.--The strategy required by paragraph
(1) shall include the following:
(A) An assessment of the threats posed to ally or partner
countries in the Middle East by--
(i) manned and unmanned naval systems, undersea warfare
capabilities, and anti-ship missiles of Iran and groups
affiliated with Iran; and
(ii) violent extremist organizations, criminal
networks, and piracy activities that threaten lawful
commerce in the waterways within the area of responsibility
of the United States Naval Forces Central Command.
(B) A description of existing multilateral maritime
partnerships currently led by the United States Naval Forces
Central Command, including the Combined Maritime Forces
(including its associated Task Forces 150, 151, 152, and 153),
the International Maritime Security Construct, and the Navy's
Task Force 59, and a discussion of the role of such
partnerships in building an integrated maritime security
capability.
(C) A description of progress made in advancing the
integration of Israel into the existing multilateral maritime
partnerships described in subparagraph (B).
(D) A description of efforts among countries in the Middle
East to coordinate intelligence, reconnaissance, and
surveillance capabilities and indicators and warnings with
respect to the threats described in subparagraph (A), and a
description of any impediment to optimizing such efforts.
(E) A description of the current Department of Defense
systems that, in coordination with ally and partner countries
in the Middle East--
(i) provide awareness of and defend against such
threats; and
(ii) address current capability gaps.
(F) An explanation of the manner in which an integrated
maritime domain awareness and interdiction architecture would
improve collective security in the Middle East.
(G) A description of existing and planned efforts to engage
ally and partner countries in the Middle East in establishing
such an architecture.
(H) An identification of the elements of such an
architecture that may be acquired and operated by ally and
partner countries in the Middle East, and a list of such
elements for each such ally and partner.
(I) An identification of the elements of such an
architecture that may only be provided and operated by members
of the United States Armed Forces.
(J) An identification of any challenge to optimizing such
an architecture in the Middle East.
(K) An assessment of progress and key challenges in the
implementation of the strategy required by paragraph (1) using
the metrics identified in accordance with paragraph (3).
(L) Recommendations for improvements in the implementation
of such strategy based on such metrics.
(M) An assessment of any capabilities or lessons from the
Navy's Task Force 59 that may be leveraged to support an
integrated maritime domain awareness and interdiction
capability in the Middle East.
(N) A cost estimate of establishing an integrated maritime
domain awareness and interdiction capability, and an assessment
of the resources that could be contributed by ally and partner
countries of the United States to establish and strengthen such
capability.
(O) Any other matter the Secretary of Defense considers
relevant.
(3) Metrics.--The Secretary of Defense shall identify metrics
to assess progress in the implementation of the strategy required
by paragraph (1).
(4) Format.--The strategy required by paragraph (1) shall be
submitted in unclassified form but may include a classified annex.
(c) Protection of Sensitive Information.--Any activity carried out
under this section shall be conducted in a manner that appropriately
protects sensitive information and the national security interests of
the United States.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the House
of Representatives.
SEC. 1262. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR DETAINED
ISIS MEMBERS AND RELEVANT POPULATIONS IN SYRIA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, the
Committee on Banking, Housing, and Urban Affairs, the Select
Committee on Intelligence, and the Committee on Appropriations
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, the Committee
on Financial Services, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the House
of Representatives.
(2) ISIS member.--The term ``ISIS member'' means a person who
was part of, or substantially supported, the Islamic State in Iraq
and Syria.
(3) Senior coordinator.--The term ``Senior Coordinator'' means
the coordinator for detained ISIS members and relevant displaced
populations in Syria designated under subsection (a) of section
1224 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1642), as amended by subsection (d).
(b) Sense of Congress.--
It is the sense of Congress that--
(A) ISIS detainees held by the Syrian Democratic Forces and
ISIS-affiliated individuals located within displaced persons
camps in Syria pose a significant and growing humanitarian
challenge and security threat to the region;
(B) the vast majority of individuals held in displaced
persons camps in Syria are women and children, approximately 50
percent of whom are under the age of 12 at the al-Hol camp, and
they face significant threats of violence and radicalization,
as well as lacking access to adequate sanitation and health
care facilities;
(C) there is an urgent need to seek a sustainable solution
to such camps through repatriation and reintegration of the
inhabitants;
(D) the United States should work closely with
international allies and partners to facilitate the
repatriation and reintegration efforts required to provide a
long-term solution for such camps and prevent the resurgence of
ISIS; and
(E) if left unaddressed, such camps will continue to be
drivers of instability that jeopardize the long-term prospects
for peace and stability in the region.
(c) Statement of Policy.--It is the policy of the United States
that--
(1) ISIS-affiliated individuals located within displacement
camps in Syria, and other inhabitants of displacement camps in
Syria, be repatriated and, where appropriate, prosecuted, or where
possible, reintegrated into their country of origin, consistent
with all relevant domestic laws and applicable international laws
prohibiting refoulement; and
(2) the camps will be closed as soon as is practicable.
(d) Modification of Establishment of Coordinator for Detained ISIS
Members and Relevant Displaced Populations in Syria.--Section 1224 of
the National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1642) is amended--
(1) by striking subsection (a);
(2) by amending subsection (b) to read as follows:
``(a) Designation.--
``(1) In general.--The President, in consultation with the
Secretary of Defense, the Secretary of State, the Director of
National Intelligence, the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, and the Attorney General, shall designate an existing
official to serve within the executive branch as senior-level
coordinator to coordinate, in conjunction with other relevant
agencies, matters related to ISIS members who are in the custody of
the Syrian Democratic Forces and other relevant displaced
populations in Syria, including--
``(A) by engaging foreign partners to support the
repatriation and disposition of such individuals, including by
encouraging foreign partners to repatriate, transfer,
investigate, and prosecute such ISIS members, and share
information;
``(B) coordination of all multilateral and international
engagements led by the Department of State and other agencies
that are related to the current and future handling, detention,
and prosecution of such ISIS members;
``(C) the funding and coordination of the provision of
technical and other assistance to foreign countries to aid in
the successful investigation and prosecution of such ISIS
members, as appropriate, in accordance with relevant domestic
laws, international humanitarian law, and other internationally
recognized human rights and rule of law standards;
``(D) coordination of all multilateral and international
engagements related to humanitarian access and provision of
basic services to, and freedom of movement and security and
safe return of, displaced persons at camps or facilities in
Syria that hold family members of such ISIS members;
``(E) coordination with relevant agencies on matters
described in this section; and
``(F) any other matter the President considers relevant.
``(2) Rule of construction.--If, on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2024, an
individual has already been designated, consistent with the
requirements and responsibilities described in paragraph (1), the
requirements under that paragraph shall be considered to be
satisfied with respect to such individual until the date on which
such individual no longer serves as the Senior Coordinator.'';
(3) in subsection (c), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(4) in subsection (d), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(5) in subsection (e), by striking ``January 31, 2021'' and
inserting ``January 31, 2025'';
(6) in subsection (f)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Senior coordinator.--The term `Senior Coordinator' means
the individual designated under subsection (a).''; and
(C) by adding at the end the following new paragraph:
``(4) Relevant agencies.--The term `relevant agencies' means--
``(A) the Department of State;
``(B) the Department of Defense;
``(C) the Department of the Treasury;
``(D) the Department of Justice;
``(E) the United States Agency for International
Development;
``(F) the Office of the Director of National Intelligence;
and
``(G) any other agency the President considers relevant.'';
and
(7) by redesignating subsections (c) through (f) as subsections
(b) through (e), respectively.
(e) Strategy on ISIS-Related Detainee and Displacement Camps in
Syria.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with
the Secretary of Defense, the Director of National Intelligence,
the Secretary of the Treasury, the Administrator of the United
States Agency for International Development, and the Attorney
General, shall submit to the appropriate committees of Congress an
interagency strategy with respect to ISIS-affiliated individuals
and ISIS-related detainee and other displaced persons camps in
Syria.
(2) Elements.--The strategy required by paragraph (1) shall
include--
(A) methods to address--
(i) disengagement from and prevention of recruitment
into violence, violent extremism, and other illicit
activity in such camps;
(ii) efforts to encourage and facilitate repatriation
and, as appropriate, investigation and prosecution of
foreign nationals from such camps, consistent with all
relevant domestic and applicable international laws;
(iii) the return and reintegration of displaced Syrian
and Iraqi women and children into their communities of
origin;
(iv) international engagement to develop processes for
repatriation and reintegration of foreign nationals from
such camps;
(v) contingency plans for the relocation of detained
and displaced persons who are not able to be repatriated
from such camps;
(vi) efforts to improve the humanitarian conditions in
such camps, including through the delivery of medicine,
psychosocial support, clothing, education, and improved
housing; and
(vii) assessed humanitarian and security needs of all
camps and detainment facilities based on prioritization of
such camps and facilities most at risk of humanitarian
crises, external attacks, or internal violence;
(B) an assessment of--
(i) rehabilitation centers in northeast Syria,
including humanitarian conditions and processes for
admittance and efforts to improve both humanitarian
conditions and admittance processes for such centers and
camps, as well as on the prevention of youth
radicalization; and
(ii) processes for being sent to, and resources
directed towards, rehabilitation centers and programs in
countries that receive returned ISIS affiliated
individuals, with a focus on the prevention of
radicalization of minor children;
(C) a plan to improve, in such camps--
(i) security conditions, including by training of
personnel and through construction; and
(ii) humanitarian conditions;
(D) a framework for measuring progress of humanitarian,
security, and repatriation efforts with the goal of closing
such camps; and
(E) any other matter the Secretary of State considers
appropriate.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form but may include a classified annex
that is transmitted separately.
(f) Annual Interagency Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than annually
thereafter through January 31, 2025, the Senior Coordinator, in
coordination with the relevant agencies, shall submit to the
appropriate committees of Congress a detailed report that includes
the following:
(A) A detailed description of the facilities and camps
where detained ISIS members, and families with perceived ISIS
affiliation, are being held and housed, including--
(i) a description of the security and management of
such facilities and camps;
(ii) an assessment of resources required for the
security of such facilities and camps;
(iii) an assessment of the adherence by the operators
of such facilities and camps to international humanitarian
law standards; and
(iv) an assessment of children held within such
facilities and camps that may be used as part of smuggling
operations to evade security at the facilities and camps.
(B) A description of all efforts undertaken by, and the
resources needed for, the United States Government to address
deficits in the humanitarian environment and security of such
facilities and camps.
(C) A description of all multilateral and international
engagements related to humanitarian access and provision of
basic services to, and freedom of movement and security and
safe return of, displaced persons at camps or facilities in
Iraq, Syria, and any other area affected by ISIS activity,
including a description of--
(i) support for efforts by the Syrian Democratic Forces
to facilitate the return and reintegration of displaced
people from Iraq and Syria;
(ii) repatriation efforts with respect to displaced
women and children and male children aging into adults
while held in these facilities and camps;
(iii) any current or future potential threat to United
States national security interests posed by detained ISIS
members or displaced families, including an analysis of the
al-Hol camp and annexes; and
(iv) United States Government plans and strategies to
respond to any threat identified under clause (iii).
(D) The number of individuals repatriated from the custody
of the Syrian Democratic Forces.
(E) An analysis of factors on the ground in Syria and Iraq
that may result in the unintended release of detained or
displaced ISIS members, and an assessment of any measures
available to mitigate such releases.
(F) A detailed description of efforts to encourage the
final disposition and security of detained or displaced ISIS
members with other countries and international organizations.
(G) A description of foreign repatriation and
rehabilitation programs deemed successful systems to model, and
an analysis of the long-term results of such programs.
(H) A description of the manner in which the United States
Government communicates regarding repatriation and disposition
efforts with the families of United States citizens believed to
have been victims of a criminal act by a detained or displaced
ISIS member, in accordance with section 503(c) of the Victims'
Rights and Restitution Act of 1990 (34 U.S.C. 20141(c)) and
section 3771 of title 18, United States Code.
(I) An analysis of all efforts between the United States
and partner countries within the Global Coalition to Defeat
ISIS or other countries to share related information that may
aid in resolving the final disposition of ISIS members, and any
obstacles that may hinder such efforts.
(J) Any other matter the Coordinator considers appropriate.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified annex
that is transmitted separately.
(g) Rule of Construction.--Nothing in this section, or an amendment
made by this section, may be construed--
(1) to limit the authority of any Federal agency to
independently carry out the authorized functions of such agency; or
(2) to impair or otherwise affect the activities performed by
that agency as granted by law.
SEC. 1263. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559) is amended, in
the matter preceding paragraph (1)--
(1) by striking ``$4,000,000'' and inserting ``$6,000,000'';
and
(2) by striking ``December 31, 2023'' and inserting ``December
31, 2024''.
(b) Funding.--Subsection (g) of such section is amended by striking
``Overseas Contingency Operations for fiscal year 2023, there are
authorized to be appropriated $358,000,000'' and inserting ``fiscal
year 2024, there is authorized to be appropriated $241,950,000''.
(c) Limitation on Cost of Construction, Repair, and Renovation
Projects.--Subsection (o) of such section is amended--
(1) in paragraph (1)--
(A) by striking ``(1) In general.--The President'' and
inserting ``(1) Authority of president.--The President''; and
(B) by striking ``paragraph (2)'' and inserting ``paragraph
(3)'';
(2) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (5), and (6), respectively;
(3) by inserting after paragraph (1) (as so amended) the
following:
``(2) Authority of secretary of defense.--
``(A) In general.--The Secretary of Defense may further
adjust the total cost of a project subsequent to a waiver by
the President of the dollar amount limitation in subsection (a)
if--
``(i) such total cost does not exceed the sum of--
``(I) the cost estimate for the project as required
by paragraph (4)(B)(i) that is included in the
notification submitted by the President pursuant to
such waiver; and
``(II) the amount that is 50 percent of such cost
estimate; and
``(ii) the Secretary submits to the appropriate
congressional committees a notification of the exercise of
the adjustment.
``(B) Scope.--The Secretary may modify the scope of a
project subsequent to a waiver by the President of the dollar
amount limitation in subsection (a) if the Secretary submits to
the appropriate congressional committees a notification of the
exercise of the modification.'';
(4) in paragraph (4) (as so redesignated)--
(A) in subparagraph (A), by adding at the end the
following: ``A project with respect to which the exercise of a
further adjustment to the total cost of the project under
paragraph (2)(A) applies or with respect to which the exercise
of a modification to the scope of the project under paragraph
(2)(B) applies may only be carried out after the end of a 15-
day period beginning on the date on which the appropriate
congressional committees receive the notification required by
paragraph (2)(A) or (2)(B), as the case may be.''; and
(B) in subparagraph (B), in the matter preceding clause
(i), by inserting ``, (2)(A), or (2)(B)'' after ``(1)(B)''; and
(5) in paragraph (6) (as so redesignated)--
(A) by striking ``waiver authority'' and inserting ``waiver
and other authorities''; and
(B) by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
SEC. 1264. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541) is amended, in
the matter preceding paragraph (1), by striking ``December 31, 2023''
and inserting ``December 31, 2024''.
(b) Limitation on Cost of Construction and Repair Projects.--
Subsection (l) of such section is amended--
(1) in paragraph (1)(A), by striking ``$4,000,000'' and
inserting ``$6,000,000''; and
(2) in paragraph (3)--
(A) by striking ``(A) In general.--The President'' and
inserting ``(A) Authority of president.--The President'';
(B) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively;
(C) by inserting after subparagraph (A) (as so amended) the
following:
``(B) Authority of secretary of defense.--
``(i) In general.--The Secretary of Defense may further
adjust the total cost of a project subsequent to a waiver
by the President of the limitation under paragraph (1)(A)
if--
``(I) such total cost does not exceed the sum of--
``(aa) the cost estimate for the project as
required by subparagraph (C)(ii)(I) that is
included in the notification submitted by the
President pursuant to such waiver; and
``(bb) the amount that is 50 percent of such
cost estimate; and
``(II) the Secretary submits to the appropriate
congressional committees a notification of the exercise
of the adjustment.
``(ii) Scope.--The Secretary may modify the scope of a
project subsequent to a waiver by the President of the
limitation under paragraph (1)(A) if the Secretary submits
to the appropriate congressional committees a notification
of the exercise of the modification.'';
(D) in subparagraph (C) (as so redesignated)--
(i) in clause (i), by adding at the end the following:
``A project with respect to which the exercise of a further
adjustment to the total cost of the project under
subparagraph (B)(i) applies or with respect to which the
exercise of a modification to the scope of the project
under subparagraph (B)(ii) applies may only be carried out
after the end of a 15-day period beginning on the date on
which the appropriate congressional committees receive the
notification required by subparagraph (B)(i) or (B)(ii), as
the case may be.''; and
(ii) in clause (ii), in the matter preceding subclause
(I), by inserting ``, (B)(i), or (B)(ii)'' after
``(A)(ii)''; and
(E) in subparagraph (E) (as so redesignated)--
(i) by striking ``waiver authority'' and inserting
``waiver and other authorities''; and
(ii) by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
SEC. 1265. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES
OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113
note) is amended--
(1) by striking ``fiscal year 2022'' and inserting ``fiscal
year 2024''; and
(2) by striking ``$25,000,000'' and inserting ``$18,000,000''.
(b) Source of Funds.--Subsection (d) of such section is amended by
striking ``fiscal year 2023'' and inserting ``fiscal year 2024''.
SEC. 1266. PLAN OF ACTION TO EQUIP AND TRAIN IRAQI SECURITY FORCES AND
KURDISH PESHMERGA FORCES.
(a) In General.--Not later than February 1, 2024, the Secretary of
Defense, in consultation with the Secretary of State, shall develop a
plan of action to equip and train Iraqi security forces and Kurdish
Peshmerga forces to defend against attack by missiles, rockets, and
unmanned systems. The plan of action shall be based on and informed by
the results of the report submitted by the Secretary of Defense
pursuant to section 1237 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat.
2839).
(b) Matters to Be Included.--The plan required by subsection (a)
shall include the following:
(1) The provision of available equipment to Iraq and the Iraqi
Kurdistan Region to counter the air and missile threats addressed
in the report, to include air defense systems, to counter attack by
missiles, rockets, and unmanned systems.
(2) The provision of appropriate training of Iraqi security
forces and Kurdish Peshmerga forces to support fielding and
operational employment of the available equipment described in
paragraph (1).
(c) Implementation.--
(1) In general.--The Secretary of Defense shall begin
implementation of the plan required by subsection (a) not later
than 90 days after development of the plan required by subsection
(a).
(2) Waiver.--The Secretary of Defense may delay implementation
of the plan required by subsection (a) if such implementation would
adversely impact United States stocks and readiness.
(3) Congressional notification.--If the Secretary of Defense
exercises the waiver authority under paragraph (2), the Secretary
shall--
(A) notify the congressional defense committees of the
exercise of such authority and the reason therefor not later
than 10 days prior to the exercise of such authority; and
(B) notify the congressional defense committees of the
exercise of such authority every 30 days thereafter until
implementation of the plan required by subsection (a) begins.
(d) Congressional Briefing.--Not later than July 1, 2024, the
Secretary of Defense should provide to the congressional defense
committees a briefing on progress of the air defense equipping and
training effort against the air and missile threat to Iraq, including
in the Iraqi Kurdistan Region.
SEC. 1267. PROHIBITION ON TRANSFERS TO THE BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available, directly or indirectly, to the Badr Organization.
SEC. 1268. EXTENSION AND MODIFICATION OF ANNUAL REPORT ON MILITARY
POWER OF IRAN.
(a) Matters to Be Included.--Subsection (b) of section 1245 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84) is amended--
(1) in paragraph (2)(D), by inserting after ``Iran's
conventional forces'' the following: ``and Iran's unconventional or
parallel military forces'';
(2) in paragraph (4)--
(A) in subparagraph (B), by striking ``missile launch
sites'' and inserting ``missile launch and storage sites'';
(B) in subparagraph (C), by striking ``; and'' at the end;
(C) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following:
``(E) an assessment of Iran's space launch vehicle program
and the ability of Iran to use those technologies to develop
and field an intercontinental ballistic missile;
``(F) a detailed analysis of the effectiveness of Iran's
drone forces; and
``(G) a description or estimation of the threat posed by
Iran's Islamic Revolutionary Guard Corps to European citizens
or to member countries of the European Union.'';
(3) in paragraph (7), by inserting ``the People's Republic of
China,'' before ``Cuba''; and
(4) by adding at the end the following:
``(9) An assessment of the threat posed by Iran against United
States and partner military bases, to include missile, unmanned
aircraft systems, and loitering munition attacks.
``(10) An assessment of the sale, supply, or transfer of
narcotics in the Middle East region by the Islamic Revolutionary
Guard Corps and Iran backed groups.
``(11) An assessment of groups that are supported by Iran and
designated by the United States as foreign terrorist organizations
and regional military groups, including Hezbollah, Hamas, the
Houthis, and the Special Groups in Iraq, in particular those forces
as having been assessed as to be willing to carry out terrorist
operations on behalf of Iran.
``(12) An assessment of how Iran would utilize additional
resources to further activities described in paragraphs (1) through
(9).''.
(b) Definitions.--Subsection (c)(1)(B) of such section is amended
to read as follows:
``(B) includes all branches and sub-branches of Iran's
national army or Artesh, such as its ground forces, air force,
navy, and air defense forces as well as most branches of its
parallel military, and the Islamic Revolutionary Guard Corps
excluding its Quds-Force.''.
SEC. 1269. MODIFICATION AND UPDATE TO REPORT ON MILITARY CAPABILITIES
OF IRAN AND RELATED ACTIVITIES.
Section 1227 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1972) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(C), by inserting ``ballistic and
cruise'' after ``instances of''; and
(B) in paragraph (2)--
(i) in subparagraph (F), by striking ``The United
Nations'' and inserting ``The effect of the United
Nations''; and
(ii) by adding at the end the following new
subparagraph:
``(H) Iranian involvement in regional narcotics trade, to
include the following:
``(i) Any element of the Government of Iran, including
the Islamic Revolutionary Guard Corps (in this section
referred to as the `IRGC') and any Iran-backed group
operating in Iraq, Syria, Lebanon, or Yemen, that supports
the sale, supply, or transfer of narcotics in the Middle
East region.
``(ii) The benefits accrued from the sale, supply, and
transfer of narcotics in the region by any element of the
Government of Iran, including the IRGC and any Iran-backed
groups operating in Iraq, Syria, Lebanon, or Yemen.
``(iii) All foreign terrorist organizations to or for
which the IRGC, or any person owned or controlled by the
IRGC, provides material support in the sale, supply,
transfer, or production of captagon or other related
narcotics or precursors in the Middle East and North
Africa.
``(iv) Activities conducted by the IRGC in Afghanistan
related to the trade of methamphetamine or opiates,
including synthetic opiates.
``(v) All intercepted transfers involving the United
States Fifth Fleet of narcotics from Iran or involving
Iranian nationals or persons acting, or purporting to act,
for or on behalf of the Government of Iran, including the
IRGC.
``(I) Islamic Revolutionary Guard Corps-affiliated
operatives serving in diplomatic and consular posts, cultural
centers, religious institutions, and religious functions
outside of Iran and actions taken by the Secretary of Defense,
the Secretary of State, and the heads of the elements of the
intelligence community (as such term is defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003), consistent
with the necessary protections for sources and methods, to
reduce the influence of such operations.'';
(2) by redesignating subsection (c) and (d) as subsections (d)
and (e), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c) Updated Report.--Not later than 180 days after the date of
the enactment of the National Defense Authorization Act of 2024, the
Director of National Intelligence shall submit to the appropriate
congressional committees an updated report that includes each of the
matters listed in paragraphs (1) and (2) of subsection (a) and covers
developments during the period beginning in June 2022 and ending on the
day before the date on which the updated report is submitted.''; and
(4) in subsection (d), as so redesignated, by inserting ``, and
the updated report required by subsection (b),'' after ``report
required by subsection (a)''.
SEC. 1270. PROHIBITION ON FUNDS TO IRAN.
None of the amounts authorized to be appropriated by this Act to
the Department of Defense may be made available, directly or
indirectly, to--
(1) the Government of Iran;
(2) any person owned or controlled by the Government of Iran;
(3) any person identified on the list of specially designated
nationals and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury, the property and
interests in property of which are blocked pursuant to the
International Emergency Economic Powers Act;
(4) any person owned or controlled by a person described in
paragraph (3); or
(5) the Badr organization, Saraya Khorasani, or Kata'ib al-Imam
Ali.
SEC. 1271. PROHIBITION ON TRANSPORTING CURRENCY TO THE TALIBAN AND THE
ISLAMIC EMIRATE OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this Act or
otherwise made available to the Department of Defense may be made
available for the operation of any aircraft of the Department of
Defense to transport currency or other items of value to the Taliban,
the Islamic Emirate of Afghanistan, or any subsidiary, agent, or
instrumentality of either the Taliban or the Islamic Emirate of
Afghanistan.
SEC. 1272. PROHIBITION ON FUNDING FOR THE TALIBAN.
(a) Prohibition on Funding.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the Department
of Defense for fiscal year 2024 may be made available to provide any
form of United States assistance to the Taliban or to any Taliban
affiliate.
(b) National Security Certification.--The Secretary of Defense may
waive the prohibition under subsection (a) on a case-by-case basis if
the Secretary submits to the congressional defense committees an
unclassified, written certification, which may include a classified
annex, that such prohibition would be detrimental to national security
interests of the United States or threaten the health and safety of the
Afghan people.
(c) Affiliate Defined.--In this section, the term ``affiliate''
means, with respect to the Taliban--
(1) a person that is closely associated with the Taliban; or
(2) a person that has a common purpose with the Taliban.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to the Indo-Pacific Region
Sec. 1301. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Sec. 1302. Extension of Pacific Deterrence Initiative and report,
briefings, and plan under the Initiative.
Sec. 1303. Modification of pilot program to develop young civilian
defense leaders in the Indo-Pacific region.
Sec. 1304. Indo-Pacific campaigning initiative.
Sec. 1305. Indo-Pacific Maritime Domain Awareness Initiative.
Sec. 1306. Limitation on availability of funds pending feasibility study
regarding delivery of harpoon missiles to foreign security
partners.
Sec. 1307. Sense of Congress on Taiwan defense relations.
Sec. 1308. Oversight of Taiwan Enhanced Resilience Act.
Sec. 1309. Training, advising, and institutional capacity-building
program for military forces of Taiwan.
Sec. 1310. Prohibition on use of funds to support entertainment projects
with ties to the Government of the People's Republic of China.
Sec. 1311. Determination on involvement of the People's Republic of
China in the Mexican fentanyl trade.
Sec. 1312. Analysis of certain biotechnology entities.
Sec. 1313. Studies on defense budget transparency of the People's
Republic of China and the United States.
Sec. 1314. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1315. Extension and modification of pilot program to improve cyber
cooperation with foreign military partners in Southeast Asia.
Sec. 1316. Enhancing major defense partnership with India.
Sec. 1317. Report on enhanced security cooperation with Japan.
Sec. 1318. Report and notification relating to transfer of operational
control on Korean Peninsula.
Sec. 1319. Study and report on command structure and force posture of
United States Armed Forces in the Indo-Pacific region.
Subtitle B--Matters Relating to the AUKUS Partnership
Sec. 1321. Definitions.
Part 1--Administrative Provisions
Sec. 1331. AUKUS partnership oversight and accountability framework.
Sec. 1332. Designation of senior official for Department of Defense
activities relating to, and implementation plan for, the AUKUS
partnership.
Sec. 1333. Reporting related to the AUKUS partnership.
Part 2--Streamlining and Protecting Transfers of United States Military
Technology From Compromise
Sec. 1341. Priority for Australia and the United Kingdom in Foreign
Military Sales and Direct Commercial Sales.
Sec. 1342. Identification and pre-clearance of platforms, technologies,
and equipment for sale to Australia and the United Kingdom
through Foreign Military Sales and Direct Commercial Sales.
Sec. 1343. Export control exemptions and standards.
Sec. 1344. Expedited review of export licenses for exports of advanced
technologies to Australia, the United Kingdom, and Canada.
Sec. 1345. United States Munitions List.
Part 3--AUKUS Submarine Transfer Authorization Act
Sec. 1351. Short title.
Sec. 1352. Authorization of sales of Virginia Class submarines to
Australia.
Sec. 1353. Acceptance of contributions in support of Australia, United
Kingdom, and United States submarine security activities.
Sec. 1354. Appropriate congressional committees and leadership defined.
Subtitle A--Matters Relating to the Indo-Pacific Region
SEC. 1301. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PARTNERSHIPS IN
THE INDO-PACIFIC REGION.
It is the sense of Congress that the Secretary of Defense should
continue efforts that strengthen United States defense alliances and
partnerships in the Indo-Pacific region so as to further the
comparative advantage of the United States in strategic competition
with the People's Republic of China, including by--
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United States
of America and Japan, signed at Washington, January 19, 1960,
including by developing advanced military capabilities, fostering
interoperability across all domains, and improving sharing of
information and intelligence;
(2) reinforcing the United States alliance with the Republic of
Korea, including by maintaining the presence of approximately
28,500 members of the United States Armed Forces deployed to the
country and affirming the United States commitment to extended
deterrence using the full range of United States defense
capabilities, and with deeper coordination on nuclear deterrence as
highlighted in the Washington Declaration adopted by President
Biden and President Yoon Suk Yeol during President Yoon Suk Yeol's
state visit on April 26, 2023, consistent with the Mutual Defense
Treaty Between the United States and the Republic of Korea, signed
at Washington, October 1, 1953, in support of the shared objective
of a peaceful and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Security Treaty Between Australia,
New Zealand, and the United States of America, signed at San
Francisco, September 1, 1951, and through the partnership among
Australia, the United Kingdom, and the United States (commonly
known as ``AUKUS'')--
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military
capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines and
Thailand and United States partnerships with other partners in the
Association of Southeast Asian Nations to enhance maritime domain
awareness, promote sovereignty and territorial integrity, leverage
technology and promote innovation, and support an open, inclusive,
and rules-based regional architecture;
(5) broadening United States engagement with India, including
through the Quadrilateral Security Dialogue--
(A) to advance the shared objective of a free and open
Indo-Pacific region through bilateral and multilateral
engagements and participation in military exercises, expanded
defense trade, and collaboration on humanitarian aid and
disaster response; and
(B) to enable greater cooperation on maritime security;
(6) strengthening the United States partnership with Taiwan,
consistent with the Three Communiques, the Taiwan Relations Act
(Public Law 96-8; 22 U.S.C. 3301 et seq.), and the Six Assurances,
with the goal of improving Taiwan's defensive capabilities and
promoting peaceful cross-strait relations;
(7) reinforcing the status of the Republic of Singapore as a
Major Security Cooperation Partner of the United States and
continuing to strengthen defense and security cooperation between
the military forces of the Republic of Singapore and the Armed
Forces of the United States, including through participation in
combined exercises and training;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and other
Pacific Island countries with the goal of strengthening regional
security and addressing issues of mutual concern, including
protecting fisheries from illegal, unreported, and unregulated
fishing; and
(9) collaborating with Canada, the United Kingdom, France, and
other members of the European Union and the North Atlantic Treaty
Organization to build connectivity and advance a shared vision for
the region that is principled, long-term, and anchored in
democratic resilience.
SEC. 1302. EXTENSION OF PACIFIC DETERRENCE INITIATIVE AND REPORT,
BRIEFINGS, AND PLAN UNDER THE INITIATIVE.
(a) Extension of Initiative.--Subsection (c) of section 1251 of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (10 U.S.C. 113 note) is amended--
(1) by striking ``the National Defense Authorization Act for
Fiscal Year 2023'' and inserting ``the National Defense
Authorization Act for Fiscal Year 2024''; and
(2) by striking ``fiscal year 2023'' and inserting ``fiscal
year 2024''.
(b) Extension of Report and Briefings.--Subsection (d) of such
section is amended--
(1) in paragraph (1)(A), by striking ``fiscal years 2024 and
2025'' and inserting ``fiscal years 2025 and 2026''; and
(2) in paragraph (2), by striking ``fiscal years 2023 and
2024'' each place it appears and inserting ``fiscal years 2025 and
2026''.
(c) Extension of Plan.--Subsection (e) of such section is amended
by striking ``fiscal years 2023 and 2024'' and inserting ``fiscal years
2025 and 2026''.
SEC. 1303. MODIFICATION OF PILOT PROGRAM TO DEVELOP YOUNG CIVILIAN
DEFENSE LEADERS IN THE INDO-PACIFIC REGION.
Section 1261 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (10 U.S.C. 311 note) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``a
national defense mission'' and inserting ``a defense-related
national security mission''; and
(B) by inserting ``and other appropriate ministries with a
defense-related national security mission'' after ``civilian
leaders in foreign partner ministries of defense'' each place
it appears; and
(2) in subsection (c), by striking ``civilian defense leaders
from foreign partner ministries of defense'' and inserting
``civilian leaders in foreign partner ministries of defense and
other appropriate ministries with a defense-related national
security mission''.
SEC. 1304. INDO-PACIFIC CAMPAIGNING INITIATIVE.
(a) In General.--The Secretary of Defense shall establish, and the
Commander of the United States Indo-Pacific Command shall carry out, an
Indo-Pacific Campaigning Initiative (in this section referred to as the
``Initiative'') for purposes of--
(1) strengthening United States alliances and partnerships with
foreign military partners in the Indo-Pacific region;
(2) deterring military aggression by potential adversaries
against the United States and allies and partners of the United
States;
(3) dissuading strategic competitors from seeking to achieve
their objectives through the conduct of military activities below
the threshold of traditional armed conflict;
(4) improving the understanding of the United States Armed
Forces with respect to the operating environment in the Indo-
Pacific region;
(5) shaping the perception of potential adversaries with
respect to United States military capabilities and the military
capabilities of allies and partners of the United States in the
Indo-Pacific region; and
(6) improving the ability of the United States Armed Forces to
coordinate and operate with foreign military partners in the Indo-
Pacific region.
(b) Briefing and Report.--
(1) Briefing.--Not later than March 1, 2024, the Secretary
shall provide the congressional defense committees with a briefing
that describes ongoing and planned campaigning activities in the
Indo-Pacific region for fiscal year 2024.
(2) Report.--Not later than December 1, 2024, the Secretary
shall submit to the congressional defense committees a report
that--
(A) summarizes the campaigning activities conducted in the
Indo-Pacific region during fiscal year 2024; and
(B) includes--
(i) an assessment of the value each such activity
contributes to meeting strategic or operational objectives
relative to the commitment of resources of such activity;
(ii) lessons learned in carrying out such activities;
(iii) any identified resource or authority gap that has
negatively impacted the implementation of the Initiative;
and
(iv) proposed plans for additional campaigning
activities in the Indo-Pacific region to fulfill the
purposes described in subsection (a).
(c) Campaigning Defined.--In this section, the term
``campaigning''--
(1) means the conduct and sequencing of logically linked
military activities to achieve strategy aligned objectives,
including modifying the security environment over time to the
benefit of the United States and the allies and partners of the
United States while limiting, frustrating, and disrupting
competitor activities; and
(2) includes deliberately planned military activities in the
Indo-Pacific region involving bilateral and multilateral
engagements with foreign partners, training, exercises,
demonstrations, experiments, and other activities to achieve the
objectives described in subsection (a).
SEC. 1305. INDO-PACIFIC MARITIME DOMAIN AWARENESS INITIATIVE.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall seek to establish an initiative with
allies and partners of the United States, including Australia, Japan,
and India, to be known as the ``Indo-Pacific Maritime Domain Awareness
Initiative'' (in this section referred to as the ``Initiative''), to
bolster maritime domain awareness in the Indo-Pacific region.
(b) Use of Authorities.--In carrying out the Initiative, the
Secretary of Defense may use the authorities provided in chapter 16 of
title 10, United States Code, and other applicable statutory
authorities available to the Secretary of Defense.
(c) Purposes.--The purposes of the Initiative are as follows:
(1) To enhance the ability of allies and partners of the United
States in the Indo-Pacific region to monitor the maritime domain of
such region.
(2) To utilize emerging technologies to support maritime domain
awareness objectives.
(3) To provide a comprehensive understanding of the maritime
domain in the Indo-Pacific region, including by facilitating
information sharing among such allies and partners.
SEC. 1306. LIMITATION ON AVAILABILITY OF FUNDS PENDING FEASIBILITY
STUDY REGARDING DELIVERY OF HARPOON MISSILES TO FOREIGN SECURITY
PARTNERS.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act for fiscal year 2024 and available for the Assistant Secretary of
the Navy for Research, Development and Acquisition, not more than 85
percent may be obligated or expended until the date on which the
Assistant Secretary of the Navy for Research, Development and
Acquisition submits to the congressional defense committees the
feasibility study required by subsection (b).
(b) Feasibility Study Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Assistant Secretary of the Navy for Research, Development and
Acquisition, shall conduct a study to analyze the feasibility and
advisability of accelerating the provision of Harpoon missiles to
foreign security partners under existing Foreign Military Sales
cases, additional appropriations, and pursuant to the authority
provided under section 506 of the Foreign Assistance Act of 1961
(22 U.S.C. 2318) or section 333 of title 10, United States Code.
(2) Elements.--The study required by paragraph (1) shall, at a
minimum, include the following:
(A) A list of existing Foreign Military Sales cases for
Harpoon missiles to foreign security partners.
(B) The current timeline for the delivery of Harpoon
missiles under each of the Foreign Military Sales cases
identified under subparagraph (A).
(C) A detailed analysis of contracting timelines for
Harpoon missiles procured by foreign security partners through
the Foreign Military Sales process and recommendations, if any,
for accelerating such contracting timelines.
(D) An analysis of the feasibility and advisability of
accelerating the provision of Harpoon missiles to foreign
security partners under existing Foreign Military Sales cases,
including through--
(i) additional appropriations;
(ii) the authority provided under section 506 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318);
(iii) the authority provided in section 333 of title
10, United States Code;
(iv) any other authorities available to the Secretary
of Defense under title 10 of the United States Code.
(E) An analysis of the potential for the United States
Government to facilitize additional production capacity or
purchase additional Harpoon missiles for future provision under
section 506 of the Foreign Assistance Act of 1961 (22 U.S.C.
2318).
(c) Congressional Briefing.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act and every 180 days thereafter through
December 31, 2027, the Secretary of Defense and Secretary of State
shall jointly provide the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and
the Committee on Foreign Relations of the Senate a briefing on the
current status of United States-provided security assistance to
Taiwan, including--
(A) a list of existing cases for defense articles and
services to be provided to Taiwan utilizing the authorities
described in paragraph (2), including, with respect to a
defense item or service planned or anticipated to be provided--
(i) a narrative description of the item or service;
(ii) the total value of the item or service;
(iii) the lead program office involved in the provision
of the item or service; and
(iv) the vendor of the item or service;
(B) the estimated delivery schedule for each case
identified under subparagraph (A);
(C) an identification of any case identified under
subparagraph (A) that has been delayed by more than 3 months
from the original estimated delivery schedule;
(D) any actions the Department of State and the Department
of Defense have identified to prevent delays or accelerate the
delivery of any case identified under subparagraph (A); and
(E) any other matters determined to be relevant by the
Secretary of State and the Secretary of Defense.
(2) Authorities described.--The authorities described in this
paragraph are the following:
(A) The Foreign Military Financing, Foreign Military Sales,
and Direct Commercial Sales programs of the Department of
State.
(B) The Department of Defense security assistance
authorized by chapter 16 of title 10, United States Code.
(C) The Department of State training and education programs
authorized by chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.).
(D) Section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318).
(E) The provision of excess defense articles pursuant to
the requirements of the Arms Export Control Act (22 U.S.C. 2751
et seq.).
(F) Any other authority available to the Secretary of
Defense or the Secretary of State.
SEC. 1307. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.
It is the sense of Congress that--
(1) the United States' one China policy, as guided by the
Taiwan Relations Act (Public Law 96-8; 22 U.S.C. et seq.), the
Three Communiques between the United States and the People's
Republic of China, and the Six Assurances provided by the United
States to Taiwan in July 1982, is the foundation for United States-
Taiwan relations;
(2) as set forth in the Taiwan Relations Act, the United States
decision to establish diplomatic relations with the People's
Republic of China rests upon the expectation that the future of
Taiwan will be determined by peaceful means, and that any effort to
determine the future of Taiwan by other than peaceful means,
including boycotts and embargoes, is of grave concern to the United
States;
(3) the increasingly coercive and aggressive behavior of the
People's Republic of China toward Taiwan is contrary to the
expectation of the peaceful resolution of the future of Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity to
resist any resort to force or other forms of coercion that would
jeopardize the security, or the social or economic system, of the
people on Taiwan should be maintained;
(5) the United States should continue to support the
development of capable, ready, and modern defense forces necessary
for Taiwan to maintain sufficient defensive capabilities, including
by--
(A) supporting acquisition by Taiwan of defense articles
and services through foreign military sales, direct commercial
sales, and industrial cooperation, with an emphasis on
capabilities that support an asymmetric strategy;
(B) ensuring timely review of and response to requests of
Taiwan for defense articles and services;
(C) conducting practical training and military exercises
with Taiwan that enable Taiwan to maintain sufficient defensive
capabilities, as described in the Taiwan Relations Act;
(D) exchanges between defense officials and officers of the
United States and Taiwan at the strategic, policy, and
functional levels, consistent with the Taiwan Travel Act
(Public Law 115-135; 132 Stat. 341), especially for the
purposes of--
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military
forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan;
(E) cooperating with Taiwan to improve its ability to
employ military capabilities in asymmetric ways, as described
in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance and
disaster relief; and
(6) the United States should increase its support to a free and
open society in the face of aggressive efforts by the Government of
the People's Republic of China to curtail or influence the free
exercise of rights and democratic franchise.
SEC. 1308. OVERSIGHT OF TAIWAN ENHANCED RESILIENCE ACT.
(a) Oversight of Taiwan Security Programs.--Section 5502 of the
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2395; 22 U.S.C. 3351) is amended--
(1) in subsection (e)(2)(A), by inserting ``not later than 1
year after the date of enactment of the National Defense
Authorization Act for Fiscal Year 2024 and'' before ``not less than
annually''; and
(2) in subsection (f)(2)--
(A) in subparagraph (L), by striking ``and'' at the end;
(B) in subparagraph (M), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(N) a description of actions taken to establish or expand
a comprehensive training program with Taiwan pursuant to
section 5504;
``(O) a description of actions taken to establish a joint
consultative mechanism with appropriate officials of Taiwan,
and the multi-year plan to provide for the acquisition of
appropriate defensive capabilities by Taiwan, pursuant to
section 5506 ; and
``(P) the list compiled pursuant to section 5507(a), and a
description of actions taken pursuant to sections 5507(b) and
5507(c).''.
(b) Oversight of Regional Contingency Stockpile for Taiwan.--
Section 5503 of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2395) is amended by
adding at the end the following:
``(e) Appropriate Committees of Congress Defined.--In subsection
(d), the term ``appropriate committees of Congress'' means--
``(1) the congressional defense committees; and
``(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.''.
SEC. 1309. TRAINING, ADVISING, AND INSTITUTIONAL CAPACITY-BUILDING
PROGRAM FOR MILITARY FORCES OF TAIWAN.
(a) Establishment.--Consistent with the Taiwan Relations Act (22
U.S.C. 3301 et seq.) and pursuant to section 5504 of the Taiwan
Enhanced Resilience Act (22 U.S.C. 3353), the Secretary of Defense, in
consultation with appropriate officials of Taiwan, shall establish a
comprehensive training, advising, and institutional capacity-building
program for the military forces of Taiwan using the authorities
provided in chapter 16 of title 10, United States Code, and other
applicable statutory authorities available to the Secretary of Defense.
(b) Reporting.--Section 1248(a) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117- 81; 135 Stat.
1988) is amended--
(1) by redesignating paragraph (15) as paragraph (16); and
(2) by inserting after paragraph (14) the following new
paragraph:
``(15) An update on efforts made to establish the program
authorized by subsection (a) of section 1309 of the National
Defense Authorization Act for Fiscal Year 2024 and an
identification of any authority or resource shortfall that inhibits
such efforts.''.
SEC. 1310. PROHIBITION ON USE OF FUNDS TO SUPPORT ENTERTAINMENT
PROJECTS WITH TIES TO THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--None of the funds authorized to be appropriated by
this Act for the Department of Defense may be used to knowingly provide
active and direct support to any film, television, or other
entertainment project if the Secretary of Defense has demonstrable
evidence that the project has complied, or is likely to comply, with a
demand from the Government of the People's Republic of China or the
Chinese Communist Party, or an entity under the direction of the
People's Republic of China or the Chinese Communist Party, to censor
the content of the project in a material manner to advance the national
interest of the People's Republic of China.
(b) Waiver.--The Secretary of Defense may waive the prohibition
under subsection (a) if the Secretary submits to the Committees on
Armed Services of the Senate and House of Representatives a written
certification that such a waiver is in the national interest of the
United States.
SEC. 1311. DETERMINATION ON INVOLVEMENT OF THE PEOPLE'S REPUBLIC OF
CHINA IN THE MEXICAN FENTANYL TRADE.
(a) Determination.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Director of National Intelligence, shall determine if information
available to the Department of Defense indicates that the Government of
the People's Republic of China assisted in or approved of the
transportation of pill presses, fentanyl products, or fentanyl
precursors to one or more Mexican drug cartels.
(b) Reporting Requirement.--If the determination of the Secretary
of Defense under subsection (a) is an affirmative determination, the
Secretary shall submit the determination to the Committees on Armed
Services of the Senate and the House of Representatives.
SEC. 1312. ANALYSIS OF CERTAIN BIOTECHNOLOGY ENTITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct an
analysis to determine if any biotechnology entity, or any subsidiary,
parent, affiliate, or successor of such an entity, should be identified
as a Chinese military company or a military-civil fusion contributor
and included on the list maintained by the Department of Defense in
accordance with section 1260H(b) of the National Defense Authorization
Act for Fiscal Year 2021 (10 U.S.C. 113 note).
(b) Biotechnology Entity Defined.--In this section, the term
``biotechnology entity'' means an entity that makes or offers a
technology, good, or service that applies to or is enabled by life
sciences innovation or product development for biological materials,
including disease detection, genetic analysis, and related services.
SEC. 1313. STUDIES ON DEFENSE BUDGET TRANSPARENCY OF THE PEOPLE'S
REPUBLIC OF CHINA AND THE UNITED STATES.
(a) Studies Required.--
(1) Study of prc budget.--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 study on the
defense budget of the People's Republic of China.
(2) Comparative study on budgets.--Not later than 90 days after
the date on which the study required by paragraph (1) is submitted,
the Secretary of Defense shall submit to the congressional defense
committees a comparative study on the defense budgets of the
People's Republic of China and the United States.
(3) Objective.--The objective of the studies required by
paragraphs (1) and (2) shall be to provide the people of the United
States with an accurate comparison of the defense spending of the
People's Republic of China and the United States.
(b) Elements.--The studies required by subsection (a) shall
include, at a minimum, the following:
(1) A determination of the amounts invested by the applicable
subject country across functional categories for spending,
including--
(A) defense-related research and development;
(B) weapons procurement from domestic and foreign sources;
(C) operations and maintenance;
(D) pay and benefits;
(E) military construction;
(F) military pensions; and
(G) any other category the Secretary considers relevant.
(2) A consideration of the effects of purchasing power parity
and market exchange rates, particularly on non-traded goods.
(3) An estimate of the magnitude of omitted spending from
official defense budget information and, in the study required by
subsection (a)(2), an accounting for such spending.
(c) Methodology.--The studies required by subsection (a) shall each
employ a robust methodology that--
(1) does not depend on the official budget pronouncements of
the Government of the People's Republic of China or the Chinese
Communist Party;
(2) takes into account the military-civil fusion present in the
People's Republic of China;
(3) employs the building-block method of analysis or a similar
method of analysis, as appropriate; and
(4) excludes spending related to veterans benefits, other than
military pensions provided to veterans.
(d) Considerations.--The studies required by this section may take
into consideration the following:
(1) The effects of state-owned enterprises on the defense
expenditures of the People's Republic of China.
(2) The role of differing acquisition policies and structures
with respect to the defense expenditures of each subject country.
(3) Any other matter relevant to evaluating the resources
dedicated to the defense spending or the various military-related
outlays of the People's Republic of China.
(e) Form.--The studies required by this section shall be submitted
in unclassified form, without any designation relating to dissemination
control, but may include classified annexes.
SEC. 1314. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN
CLEANUP.
Section 1253(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3955) is amended by striking ``fiscal year 2023'' and inserting
``fiscal year 2024''.
SEC. 1315. EXTENSION AND MODIFICATION OF PILOT PROGRAM TO IMPROVE CYBER
COOPERATION WITH FOREIGN MILITARY PARTNERS IN SOUTHEAST ASIA.
(a) In General.--Subsection (a) of section 1256 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3956; 10 U.S.C. 333 note) is
amended--
(1) in the matter preceding paragraph (1), by striking ``in
Vietnam, Thailand, and Indonesia'' and inserting ``with covered
foreign military partners'';
(2) in paragraph (1), by striking ``Vietnam, Thailand, and
Indonesia'' and inserting ``covered foreign military partners'';
and
(3) in paragraph (2), by striking ``Vietnam, Thailand, and
Indonesia on'' and inserting ``covered foreign military partners on
defensive''.
(b) Elements.--Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``Vietnam, Thailand, and
Indonesia'' and inserting ``covered foreign military partners'';
and
(2) in paragraph (2), by striking ``Vietnam, Thailand, and
Indonesia'' and inserting ``covered foreign military partners''.
(c) Reports.--Subsection (c)(2)(B) of such section is amended by
striking ``Vietnam, Thailand, and Indonesia'' and inserting ``covered
foreign military partners''.
(d) Certification.--Subsection (d) of such section is amended--
(1) by inserting ``with any covered foreign military partner''
after ``scheduled to commence''; and
(2) by striking ``Vietnam, Indonesia, or Thailand'' and
inserting ``the covered foreign military partner''.
(e) Extension.--Subsection (e) of such section is amended by
striking ``December 31, 2024'' and inserting ``December 31, 2027''.
(f) Definitions.--Subsection (f) of such section is amended to read
as follows:
``(f) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
``(2) Covered foreign military partner.--The term `covered
foreign military partner' means the following:
``(A) Vietnam.
``(B) Thailand.
``(C) Indonesia.
``(D) The Philippines.
``(E) Malaysia.''.
(g) Conforming Amendments.--
(1) Section 1256 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283;
134 Stat. 3956; 10 U.S.C. 333 note) is amended, in the section
heading, by striking ``vietnam, thailand, and indonesia'' and
inserting ``covered foreign military partners in southeast asia''.
(2) The table of contents for the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3388) is amended by striking the item relating
to section 1256 and inserting the following:
``Sec. 1256. Pilot program to improve cyber cooperation with covered
foreign military partners in Southeast Asia.''.
(3) The table of contents for title XII of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3905) is amended by striking the
item relating to section 1256 and inserting the following:
``Sec. 1256. Pilot program to improve cyber cooperation with covered
foreign military partners in Southeast Asia.''.
SEC. 1316. ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA.
The Secretary of Defense, in coordination with the Secretary of
State and the head of any other relevant Federal department or agency,
shall seek to ensure that India is appropriately considered for
cooperative defense activities consistent with the status of India as a
major defense partner of the United States, including with respect to
the following lines of effort:
(1) Eligibility for funding to initiate or facilitate
cooperative research, development, testing, or evaluation projects
with the Department of Defense, with priority given to projects in
the areas of--
(A) intelligence, surveillance, and reconnaissance;
(B) undersea domain awareness;
(C) air combat and support;
(D) munitions; and
(E) mobility.
(2) Eligibility to enter into agreements with the Department of
Defense for cooperative bilateral or multilateral provision of
training to build capacity in the areas of--
(A) counterterrorism operations;
(B) counter-weapons of mass destruction operations;
(C) counter-illicit drug trafficking operations;
(D) counter-transnational organized crime operations;
(E) maritime and border security operations;
(F) military intelligence operations;
(G) air domain awareness operations; and
(H) cyberspace security and defensive cyberspace
operations.
(3) Eligibility to enter into a memorandum of understanding or
other formal agreement with the Department of Defense for the
purpose of conducting cooperative research and development projects
on defense equipment and munitions.
(4) Eligibility for entities from India to bid on contracts for
the maintenance, repair, or overhaul of Department of Defense
equipment located outside the United States.
SEC. 1317. REPORT ON ENHANCED SECURITY COOPERATION WITH JAPAN.
(a) In General.--Not later than June 1, 2024, the Secretary of
Defense, in coordination with the Secretary of State, shall submit to
the appropriate committees of Congress a report on enhancing United
States security cooperation with Japan.
(b) Elements.--At a minimum, the report required by subsection (a)
shall include the following:
(1) A description of the activities and investments the
Department of Defense will implement for--
(A) increased bilateral training, exercises, combined
patrols, and other activities between the United States Armed
Forces and the Self-Defense Forces of Japan;
(B) improving information-sharing mechanisms and processes,
including the adoption of enhanced security protocols; and
(C) enhancing cooperation on advanced technology
initiatives.
(2) An analysis of the feasibility and advisability of--
(A) modifying United States command structures in Japan--
(i) to coordinate United States military activities and
operations;
(ii) to complement similar changes by the Self-Defense
Forces of Japan; and
(iii) to facilitate integrated planning and
implementation of combined activities; and
(B) additional modifications to the force posture of the
United States Armed Forces in Japan.
(3) An identification of challenges to the implementation of
the activities and investments described in paragraph (1) and any
recommended legislative changes, resourcing requirements, bilateral
agreements, or other measures that would facilitate the
implementation of such activities and investments.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives.
SEC. 1318. REPORT AND NOTIFICATION RELATING TO TRANSFER OF OPERATIONAL
CONTROL ON KOREAN PENINSULA.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate committees of
Congress a report that--
(1) describes the conditions under which the military forces of
the Republic of Korea would be prepared to assume wartime
operational control of the United States and Republic of Korea
Combined Forces Command; and
(2) includes an assessment of the extent to which the military
forces of the Republic of Korea meet such conditions as of the date
on which the report is submitted.
(b) Notification.--
(1) In general.--Not later than 45 days before the date on
which wartime operational control of the United States and Republic
of Korea Combined Forces Command is transferred to the Republic of
Korea, the Secretary of Defense, in coordination with the Secretary
of State, shall notify the appropriate committees of Congress of
such transfer.
(2) Elements.--The notification required by paragraph (1) shall
include the following:
(A) An assessment of the extent to which the military
forces of the Republic of Korea--
(i) meet the conditions described in the report
submitted under subsection (a), including with respect to
the acquisition by the Republic of Korea of necessary
military capabilities to counter the capabilities of the
Democratic People's Republic of Korea; or
(ii) meet updated conditions for the assumption of the
wartime operational control described in subsection (a)(1),
including an explanation of the changes to such conditions
relative to the conditions described in the report
submitted under subsection (a).
(B) A description of the command relationship among the
United Nations Command, the United States and Republic of Korea
Combined Forces Command, the United States Forces Korea, and
the military forces of the Republic of Korea.
(C) An assessment of the extent to which such transfer
impacts the security of the United States, the Republic of
Korea, and other regional allies and partners.
(D) Any other matters determined relevant by the Secretary.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1319. STUDY AND REPORT ON COMMAND STRUCTURE AND FORCE POSTURE OF
UNITED STATES ARMED FORCES IN THE INDO-PACIFIC REGION.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center to conduct an independent study of the organizational
structure and force posture of the United States Armed Forces in
the area of responsibility of the United States Indo-Pacific
Command.
(2) Report to secretary.--
(A) In general.--Not later than 360 days after the date of
the enactment of this Act, the federally funded research and
development center selected to conduct the study required by
paragraph (1) shall submit to the Secretary a report on the
findings of the study.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) An assessment of--
(I) the organizational structure of the United
States Armed Forces in the area of responsibility of
the United States Indo-Pacific Command;
(II) the force posture, basing, access, and
overflight agreements of the United States Armed Forces
in such area of responsibility; and
(III) any operational or command and control
challenges resulting from the geography, force posture
of the United States Armed Forces, or organizational
structure of the United States Armed Forces in the area
of responsibility of the United States Indo-Pacific
Command.
(ii) Any recommendation for--
(I) adjustments to the force posture of the United
States Armed Forces in such area of responsibility,
including an identification of changes to any basing,
access, or overflight agreement that may be necessary
in response to the changing security environment in
such area of responsibility;
(II) modifying the current organizational structure
of the United States Indo-Pacific Command, including
modifications affecting United States Forces in Japan
and South Korea, in response to such changing security
environment; or
(III) improving the ability to coordinate with
allies and partners.
(b) Report to Congress.--
(1) In general.--Not later than April 1, 2025, the Secretary
shall submit to the congressional defense committees an unaltered
copy of the report submitted to the Secretary under subsection
(a)(2), together with the views of the Secretary on the findings
set forth in such report and any corresponding recommendations.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified annex.
(3) Public availability.--The Secretary shall make available to
the public the unclassified form of the report required by
paragraph (1).
Subtitle B--Matters Relating to the AUKUS Partnership
SEC. 1321. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--Except as otherwise
provided, the term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(2) AUKUS partnership.--
(A) In general.--The term ``AUKUS partnership'' means the
enhanced trilateral security partnership between Australia, the
United Kingdom, and the United States announced in September
2021.
(B) Pillars.--The AUKUS partnership includes the following
two pillars:
(i) Pillar One is focused on developing a pathway for
Australia to acquire conventionally armed, nuclear-powered
submarines.
(ii) Pillar Two is focused on enhancing trilateral
collaboration on advanced defense capabilities, including
hypersonic and counter hypersonic capabilities, quantum
technologies, undersea technologies, and artificial
intelligence.
(3) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means subchapter M of
chapter I of title 22, Code of Federal Regulations (or successor
regulations).
PART 1--ADMINISTRATIVE PROVISIONS
SEC. 1331. AUKUS PARTNERSHIP OVERSIGHT AND ACCOUNTABILITY FRAMEWORK.
(a) Senior Advisor.--
(1) Designation.--
(A) In general.--The Secretary of State shall designate a
senior advisor at the Department of State (in this section
referred to as the ``Senior Advisor''), who shall oversee and
coordinate the implementation of the AUKUS partnership.
(B) Qualification.--The Senior Advisor may be an individual
serving within the existing leadership of the Department of
State but that individual may not hold any other position
concurrently while serving as the Senior Advisor.
(C) Reporting.--The Senior Advisor shall report directly to
the Secretary of State.
(D) Guidance.--The Secretary of State shall issue guidance
to all bureaus of the Department of State specifying the Senior
Advisor's responsibility for coordinating the implementation of
all AUKUS partnership-related activities.
(2) Duties.--The duties of the Senior Advisor shall be to--
(A) coordinate efforts to implement the AUKUS partnership
across relevant bureaus, directorates, and offices of the
Department of State involved in matters such as arms exports,
non-proliferation, deterrence, security assistance, and Indo-
Pacific and United Kingdom relations;
(B) serve as the lead within the Department of State on
matters relating to the AUKUS partnership in the interagency
process;
(C) lead diplomatic efforts related to the AUKUS
partnership with other governments to explain how the
partnership will enhance security and stability in the Indo-
Pacific region; and
(D) consult regularly with the appropriate congressional
committees and keep such committees fully and currently
informed on all aspects of the AUKUS partnership, to include--
(i) Australia's acquisition of conventionally armed,
nuclear-powered submarines;
(ii) jointly developing advanced military capabilities;
and
(iii) any new programs under the AUKUS partnership.
(3) Personnel to support the senior advisor.--The Secretary of
State shall ensure that the Senior Advisor is adequately staffed
with respect to the Senior Advisor's duties described in paragraph
(2) through details, or assignment of employees of the Department
of State, with expertise consistent with such duties.
(b) Task Force.--
(1) Establishment.--The Secretary of State shall establish a
task force, to be known as the Task Force on AUKUS (in this section
referred to as the ``Task Force''), which--
(A) shall meet regularly to coordinate internally on issues
relating to the implementation of the AUKUS partnership; and
(B) shall be led by the Senior Advisor.
(2) Duties.--The duties of the Task Force may include--
(A) ensuring that responsible offices maintain a unified
list of all defense-related transactions that have taken place
under the AUKUS partnership;
(B) ensuring the establishment of a framework for
gathering, maintaining, and exchanging information relating to
companies, individuals, or entities that are compromising
security of military technology, defense articles, and defense
services exchanged under the AUKUS partnership; and
(C) establishing an AUKUS industry forum for industry
stakeholders, including non-traditional defense contractors (as
such term is defined in section 3014 of title 10, United States
Code), that will be open for the participation of foreign
industry involved in the AUKUS partnership.
(3) Personnel to support the task force.--The personnel
assigned to support the Senior Advisor under subsection (a)(3)
shall also support the Task Force. The Secretary of State may not
assign any additional personnel to support the Task Force.
(c) Notification.--Not later than 180 days after the date of the
enactment of this Act, or not later than 90 days after the date on
which a senior advisor at the Department of State is designated as the
Senior Advisor, whichever occurs earlier, the Secretary of State shall
notify the appropriate congressional committees of the number of
personnel, relevant expertise of such personnel, and duties of such
personnel directly supporting the work of the Senior Advisor and the
offices supporting the Task Force.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report that includes the
following:
(1) A detailed description of the planned work of the Senior
Advisor and the Task Force on matters related to the implementation
of the AUKUS partnership.
(2) For the preceding two calendar years and the current
calendar year--
(A) the average and median times for the United States
Government to review applications for licenses to export
defense articles or defense services to persons, corporations,
and the governments (including agencies and subdivisions of
such governments, including official missions of such
governments) of Australia or the United Kingdom;
(B) the average and median times for the United States
Government to review applications from Australia and the United
Kingdom for foreign military sales beginning from the date
Australia or the United Kingdom submitted a letter of request
that resulted in a letter of acceptance; and
(C) the number of applications from Australia and the
United Kingdom for licenses to export defense articles and
defense services that were denied or approved with provisos,
listed by year.
(3) For each of the preceding two calendar years, the number of
voluntary disclosures resulting in a violation of the International
Traffic in Arms Regulations enumerated under section 40 of the Arms
Export Control Act (22 U.S.C. 2780) or involving proscribed
countries listed in section 126.1 of the International Traffic in
Arms Regulations, by persons, corporations, and the governments
(including agencies and subdivisions of such governments, including
official missions of such governments) of Australia or the United
Kingdom, including information with respect to--
(A) any instance of unauthorized access to technical data
or defense articles;
(B) inadequate physical or cyber security;
(C) retransfers or re-exports without authorization; and
(D) employees of foreign companies that are United States
persons that provide defense services without authorization.
(e) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Senior Advisor
shall submit to the appropriate congressional committees a report that
includes--
(1) a detailed description of any issues that representatives
of the United States, the United Kingdom, or Australia have
identified that threaten or conflict with the stated goals of the
AUKUS partnership and any efforts to resolve these issues;
(2) information on the National Disclosure Policy Committee
with respect to adoption of a classification category relating to
any anticipatory disclosure policy for Australia and the United
Kingdom;
(3) a detailed description of Department of State
investigations into violations under section 38 of the Arms Export
Control Act (22 U.S.C. 2778) or related provisions that involve
AUKUS partners or entities in the United States, the United
Kingdom, and Australia;
(4) details on whether regulatory changes to exemptions
authorized under subsection (l) of section 38 of the Arms Export
Control Act (22 U.S.C. 2778), as added by section 1343 of this Act,
are likely or necessary within the next year; and
(5) an assessment of the change in the average and median
Department of State licensing review times for the current
reporting year based on the average and median licensing review
times from the prior calendar year, including review times across
the interagency for export licenses issued to Australia or the
United Kingdom.
(f) Sunset.--
(1) In general.--Subject to paragraph (2), the position of the
Senior Advisor and the Task Force shall terminate on the date that
is 7 years after the date of the enactment of this Act.
(2) Renewal.--The Secretary of State may renew the position of
the Senior Advisor and the Task Force for 1 additional period of 4
years beginning after the date on which the Secretary notifies the
appropriate congressional committees of the renewal.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and Committee on
Appropriations of the Senate.
SEC. 1332. DESIGNATION OF SENIOR OFFICIAL FOR DEPARTMENT OF DEFENSE
ACTIVITIES RELATING TO, AND IMPLEMENTATION PLAN FOR, THE AUKUS
PARTNERSHIP.
(a) Designation of Senior Official.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense shall
designate a senior civilian official of the Department of Defense who
shall be responsible for overseeing Department of Defense activities
relating to the AUKUS partnership.
(b) Plan.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Administrator for Nuclear Security and the Secretary of
State, shall submit to the appropriate committees of Congress a
report containing an implementation plan outlining Department of
Defense efforts relating to the AUKUS partnership.
(2) Elements.--The plan required by paragraph (1) shall include
the following:
(A) Timelines and major anticipated milestones for the
implementation of the AUKUS partnership.
(B) An identification of dependencies of such milestones on
defense requirements that are--
(i) unrelated to the AUKUS partnership; and
(ii) solely within the decisionmaking responsibility of
Australia or the United Kingdom.
(C) A consideration of the implications of the plan on the
industrial base with respect to--
(i) the expansion of existing United States submarine
construction capacity to fulfill United States, United
Kingdom, and Australia requirements;
(ii) acceleration of the restoration of United States
capabilities for producing highly enriched uranium to fuel
submarine reactors;
(iii) stabilization of commodity markets and expanding
supplies of high-grade steel, construction materials, and
other resources required for improving shipyard condition
and expanding throughput capacity; and
(iv) coordination and synchronization of industrial
sourcing opportunities among Australia, the United Kingdom,
and the United States.
(D) A description of resourcing and personnel requirements,
including--
(i) a detailed assessment of the feasibility of hiring
and retaining additional foreign disclosure officers to
facilitate more rapid technology transfer to Australia and
the United Kingdom; and
(ii) an assessment of any additional requirements for
Department of Defense personnel to support the transfer of
defense articles to Australia and the United Kingdom.
(E) A plan for improving information sharing, including--
(i) recommendations for modifications to foreign
disclosure policies and processes;
(ii) the promulgation of written information-sharing
guidelines or policies to improve information sharing under
the AUKUS partnership;
(iii) the establishment of an information handling
caveat specific to the AUKUS partnership; and
(iv) the reduction in use of the Not Releasable to
Foreign Nations (NOFORN) information handling caveat.
(F) Processes for the protection of privately held
intellectual property, including patents.
(G) Recommended updates to other title 10, United States
Code, authorities or regulatory, policy, or process frameworks.
(c) Semiannual Updates.--Not later than 60 days after the date on
which the plan required by subsection (b) is submitted, and
semiannually thereafter not later than April 1 and October 1 each year
through 2029, the senior civilian official designated under subsection
(a) shall provide the congressional defense committees and the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate with a briefing on the
status of all Department activities to implement the AUKUS partnership.
SEC. 1333. REPORTING RELATED TO THE AUKUS PARTNERSHIP.
(a) Report on Instruments.--
(1) In general.--Not later than 30 days after the signature,
conclusion, or other finalization of any non-binding instrument
related to the AUKUS partnership, the President shall submit to the
appropriate congressional committees the text of such instrument.
(2) Non-duplication of efforts; rule of construction.--To the
extent the text of a non-binding instrument is submitted to the
appropriate congressional committees pursuant to paragraph (1),
such text does not need to be submitted to Congress pursuant to
section 112b(a)(1)(A)(ii) of title 1, United States Code, as
amended by section 5947 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136
Stat. 3476). Paragraph (1) shall not be construed to relieve the
executive branch of any other requirement of section 112b of title
1, United States Code, as so amended, or any other provision of
law.
(3) Definitions.--In this subsection:
(A) In general.--The term ``text'', with respect to a non-
binding instrument, includes--
(i) any annex, appendix, codicil, side agreement, side
letter, or any document of similar purpose or function to
the aforementioned, regardless of the title of the
document, that is entered into contemporaneously and in
conjunction with the non-binding instrument; and
(ii) any implementing agreement or arrangement, or any
document of similar purpose or function to the
aforementioned, regardless of the title of the document,
that is entered into contemporaneously and in conjunction
with the non-binding instrument.
(B) Contemporaneously and in conjunction with.--As used in
subparagraph (A), the term ``contemporaneously and in
conjunction with''--
(i) shall be construed liberally; and
(ii) may not be interpreted to require any action to
have occurred simultaneously or on the same day.
(b) Report on AUKUS Partnership.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and biennially thereafter, the Secretary of
State, in coordination with the Secretary of Defense and other
appropriate heads of agencies, shall submit to the appropriate
congressional committees a report on the AUKUS partnership.
(2) Elements.--Each report required under paragraph (1) shall
include the following elements:
(A) Strategy.--
(i) An identification of the defensive military
capability gaps and capacity shortfalls that the AUKUS
partnership seeks to offset.
(ii) An explanation of the total cost to the United
States associated with Pillar One of the AUKUS partnership.
(iii) A detailed explanation of how enhanced access to
the industrial base of Australia is contributing to
strengthening the United States strategic position in Asia.
(iv) A detailed explanation of the military and
strategic benefit provided by the improved access provided
by naval bases of Australia.
(v) A detailed assessment of how Australia's sovereign
conventionally armed nuclear attack submarines contribute
to United States defense and deterrence objectives in the
Indo-Pacific region.
(B) Implement the aukus partnership.--
(i) Progress made on achieving the Optimal Pathway
established for Australia's development of conventionally
armed, nuclear-powered submarines, including the following
elements:
(I) A description of progress made by Australia,
the United Kingdom, and the United States to conclude
an Article 14 arrangement with the International Atomic
Energy Agency.
(II) A description of the status of efforts of
Australia, the United Kingdom, and the United States to
build the supporting infrastructure to base
conventionally armed, nuclear-powered attack
submarines.
(III) Updates on the efforts by Australia, the
United Kingdom, and the United States to train a
workforce that can build, sustain, and operate
conventionally armed, nuclear-powered attack
submarines.
(IV) A description of progress in establishing
submarine support facilities capable of hosting
rotational forces in western Australia by 2027.
(V) A description of progress made in improving
United States submarine production capabilities that
will enable the United States to meet--
(aa) its objectives of providing up to five
Virginia Class submarines to Australia by the early
to mid-2030's; and
(bb) United States submarine production
requirements.
(ii) Progress made on Pillar Two of the AUKUS
partnership, including the following elements:
(I) An assessment of the efforts of Australia, the
United Kingdom, and the United States to enhance
collaboration across the following eight trilateral
lines of effort:
(aa) Underseas capabilities.
(bb) Quantum technologies.
(cc) Artificial intelligence and autonomy.
(dd) Advanced cyber capabilities.
(ee) Hypersonic and counter-hypersonic
capabilities.
(ff) Electronic warfare.
(gg) Innovation.
(hh) Information sharing.
(II) An assessment of any new lines of effort
established.
PART 2--STREAMLINING AND PROTECTING TRANSFERS OF UNITED STATES MILITARY
TECHNOLOGY FROM COMPROMISE
SEC. 1341. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN FOREIGN
MILITARY SALES AND DIRECT COMMERCIAL SALES.
(a) In General.--The President shall institute policies and
procedures for letters of request from Australia and the United Kingdom
to transfer defense articles and services under section 21 of the Arms
Export Control Act (22 U.S.C. 2761) related to AUKUS to receive
expedited consideration and processing relative to all other letters of
request other than from Taiwan and Ukraine.
(b) Technology Transfer Policy for Australia, Canada, and the
United Kingdom.--
(1) In general.--The Secretary of State, in consultation with
the Secretary of Defense, shall create an anticipatory release
policy for the transfer of technologies described in paragraph (2)
to Australia, the United Kingdom, and Canada through Foreign
Military Sales and Direct Commercial Sales that are not covered by
an exemption under the International Traffic in Arms Regulations.
(2) Capabilities described.--The capabilities described in this
paragraph are--
(A) Pillar One-related technologies associated with
submarine and associated combat systems; and
(B) Pillar Two-related technologies, including hypersonic
missiles, cyber capabilities, artificial intelligence, quantum
technologies, undersea capabilities, and other advanced
technologies.
(3) Expedited decision-making.--Review of a transfer under the
policy established under paragraph (1) shall be subject to an
expedited decision-making process.
(c) Interagency Policy and Guidance.--The Secretary of State and
the Secretary of Defense shall jointly review and update interagency
policies and implementation guidance related to requests for Foreign
Military Sales and Direct Commercial Sales, including by incorporating
the anticipatory release provisions of this section.
SEC. 1342. IDENTIFICATION AND PRE-CLEARANCE OF PLATFORMS, TECHNOLOGIES,
AND EQUIPMENT FOR SALE TO AUSTRALIA AND THE UNITED KINGDOM THROUGH
FOREIGN MILITARY SALES AND DIRECT COMMERCIAL SALES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and on a biennial basis thereafter for 8 years,
the President shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report that includes a list of advanced military
platforms, technologies, and equipment that are pre-cleared and
prioritized for sale and release to Australia, the United Kingdom and
Canada through the Foreign Military Sales and Direct Commercial Sales
programs without regard to whether a letter of request or license to
purchase such platforms, technologies, or equipment has been received
from any of such country.
(b) Additional Items.--Each list may include items that are not
related to the AUKUS partnership but may not include items that are not
covered by an exemption under the International Traffic in Arms
Regulations except unmanned aerial or hypersonic systems.
SEC. 1343. EXPORT CONTROL EXEMPTIONS AND STANDARDS.
(a) In General.--Section 38 of the Arms Export Control Act (22
U.S.C. 2778) is amended by adding at the end the following:
``(l) AUKUS Defense Trade Cooperation.--
``(1) Determination and certification.--
``(A) In general.--Not later than 120 days after the date
of the enactment of this subsection, the President shall
determine and certify in writing, and include a detailed
justification, to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives whether Australia or the United Kingdom has--
``(i) implemented a system of export controls
comparable to those of the United States that satisfies the
elements of subsection (j)(2)(A)(i), (ii), (iii), and (iv)
and subsection (j)(2)(B)(i), (ii) and (v) for United
States-origin defense articles and defense services, and
for controlling the provision of military training; and
``(ii) implemented a comparable exemption from its
export controls for the United States.
``(B) Matters to be included.--
``(i) Requirements met.--If the President makes the
determination that Australia or the United Kingdom meets
the comparability standards of clauses (i) and (ii) of
subparagraph (A), the justification required by such
subparagraph shall include an assessment of how the country
satisfied the specific elements described in such clauses.
``(ii) Requirements not met.--If the President makes a
determination that Australia or the United Kingdom does not
meet the comparability standards of clauses (i) and (ii) of
subparagraph (A), the justification required by such
subparagraph shall include, as applicable--
``(I) the specific elements of either such clause
(i) or (ii) that were determined not to meet the
comparability standards;
``(II) the specific actions the country needs to
take in order to meet the comparability standards; and
``(III) the actions the United States is taking, as
appropriate, to facilitate that the country is granted
an exemption in a timely manner upon meeting the
comparability standards.
``(C) Form.--The determination and certification described
in subparagraph (A) shall be submitted in unclassified form,
but may include a classified annex.
``(2) Exemption.--Upon submittal of a determination and
certification to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that Australia or the United Kingdom has met the
comparability standards of clauses (i) and (ii) of paragraph
(1)(A), and subject to the limitation in paragraph (4), the
President shall immediately exempt from the licensing or other
approval requirements of this section exports and transfers
(including reexports, transfers, temporary imports, and brokering
activities) of defense articles and defense services between the
United States and that country or among the United States, the
United Kingdom, and Australia.
``(3) Reassessment.--
``(A) In general.--If the President is unable to make a
determination that Australia or the United Kingdom has met the
comparability standards of clauses (i) and (ii) of paragraph
(1)(A) or suspends the exemption pursuant to paragraph (5), the
President shall--
``(i) not less frequently than once every 120 days
reassess whether the country has met those requirements;
``(ii) report the results of such reassessment in
writing, and include a detailed justification, to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives; and
``(iii) report on steps the country must take to
establish the exemption.
``(B) Positive reassessment.--Upon any reassessment under
subparagraph (A) in which the President determines that
Australia or the United Kingdom has met the comparability
standards of clauses (i) and (ii) of paragraph (1)(A), the
President shall immediately provide to that country an
exemption described in paragraph (2).
``(C) Negative reassessment.--If the President finds in any
reassessment under subparagraph (A) that Australia or the
United Kingdom has not met the comparability standards of
clauses (i) and (ii) of paragraph (1)(A), the written
reassessment shall include, as applicable--
``(i) the specific elements of either such clauses that
were determined not to be comparable;
``(ii) the specific actions the country needs to take
in order to meet the comparability standards; and
``(iii) the actions the United States is taking, as
appropriate, to facilitate that the country is granted an
exemption in a timely manner upon meeting the comparability
standards.
``(D) Form.--The reassessment described in subparagraph
(A)(ii) shall be submitted in an unclassified form, but may
include a classified annex.
``(4) Limitation.--An exemption described in paragraph (2)
shall not apply to any activity (including exports, transfers,
reexports, retransfers, temporary imports, or brokering) of defense
articles and defense services between or among the United States,
the United Kingdom, and Australia that--
``(A) are excluded by those countries;
``(B) are referred to in subsection (j)(1)(C)(ii); or
``(C) involve individuals or entities that are not approved
by--
``(i) the Secretary of State; and
``(ii) the Ministry of Defense, the Ministry of Foreign
Affairs, or other similar authority within those countries.
``(5) Temporary suspension of exemption.--
``(A) In general.--The President may suspend an exemption
described in paragraph (2) with respect to Australia or the
United Kingdom if the President determines and certifies in
writing, and includes a detailed justification, to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives that--
``(i) the country has ceased to implement a system of
export controls comparable to those of the United States
that satisfies the elements of subsection (j)(2)(A)(i),
(ii), (iii), and (iv) and subsection (j)(2)(B)(i), (ii) and
(v) for United States-origin defense articles and defense
services, and for controlling the provision of military
training; and
``(ii) due to a substantial change in circumstance, the
suspension is necessary to protect the vital national
security or foreign policy interests of the United States
in relation to the country concerned; or
``(iii) the country concerned has ceased to implement a
comparable exemption from its export controls for the
United States.
``(B) Additional matter to be included.--The justification
required to be included in the determination and certification
described in subparagraph (A) shall also include a description
of the specific actions the United States and the country are
taking to address the reasons for the suspension.
``(C) Form.--The determination and certification described
in subparagraph (A) shall be submitted in unclassified form,
but may include a classified annex.
``(D) Report.--If the President reissues an exemption
described in paragraph (2) with respect to Australia or the
United Kingdom that the President suspended pursuant to
subparagraph (A), the President shall submit to the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report stating the
steps the country took that allowed the exemption to be so
reinstated.
``(6) Certain requirements not applicable.--
``(A) In general.--Paragraphs (1), (2), and (3) of section
3(d) shall not apply to any export or transfer that is the
subject of an exemption described in paragraph (2).
``(B) Quarterly reports.--The Secretary of State shall--
``(i) require all exports and transfers that would be
subject to the requirements of paragraphs (1), (2), and (3)
of section 3(d) but for the application of subparagraph (A)
to be reported to the Secretary; and
``(ii) submit such reports to the Committee on Foreign
Relations of the Senate and Committee on Foreign Affairs of
the House of Representatives on a quarterly basis.
``(7) Sunset.--
``(A) In general.--Any exemption described in paragraph (2)
shall terminate on the date that is 15 years after the date of
the enactment of this subsection.
``(B) Renewal.--The Secretary of State may renew such
exemption for 5 years upon a certification to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that such exemption is
in the vital national interest of the United States with a
detailed justification for such certification.''.''.
(b) Reports.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until no exemptions
described in subsection (l)(2) of section 38 of the Arms Export
Control Act (22 U.S.C. 2778), as added by subsection (a) of this
section, remain in effect, the Secretary of State shall submit to
the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives a report on the
operation of exemptions described in such subsection (l)(2),
including whether any changes to such exemptions are likely to be
made in the coming year.
(2) Initial report.--The first report submitted under paragraph
(1) shall also include an assessment of key recommendations the
United States Government has provided to the Governments of
Australia and the United Kingdom to revise laws, regulations, and
policies of such countries that are required to implement the AUKUS
partnership.
(3) Report on expedited review of export licenses for exports
of advanced technologies.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall report on the
practical application of a possible ``fast track'' decision-making
process for applications, classified or unclassified, to export
defense articles and defense services to Australia, the United
Kingdom, and Canada.
SEC. 1344. EXPEDITED REVIEW OF EXPORT LICENSES FOR EXPORTS OF ADVANCED
TECHNOLOGIES TO AUSTRALIA, THE UNITED KINGDOM, AND CANADA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of Defense, shall initiate a rulemaking to establish an
expedited decision-making process, classified or unclassified, for
applications to export to Australia, the United Kingdom, and Canada
commercial, advanced-technology defense articles and defense services
that are not covered by an exemption under the International Traffic in
Arms Regulations.
(b) Eligibility.--To qualify for the expedited decision-making
process described in subsection (a), an application shall be for an
export of defense articles or defense services that will take place
wholly within or between the physical territory of Australia, Canada,
or the United Kingdom and the United States and with governments or
corporate entities from such countries.
(c) Availability of Expedited Process.--The expedited decision-
making process described in subsection (a) shall be available for both
classified and unclassified items, and the process must satisfy the
following criteria to the extent practicable:
(1) Any licensing application to export defense articles and
services that is related to a government to government agreement
must be approved, returned, or denied within 30 days of submission.
(2) For all other licensing requests, any review shall be
completed not later than 45 calendar days after the date of
application.
SEC. 1345. UNITED STATES MUNITIONS LIST.
(a) Exemption for the Governments of the United Kingdom and
Australia From Certification and Congressional Notification
Requirements Applicable to Certain Transfers.--Section 38(f)(3) of the
Arms Export Control Act (22 U.S.C. 2778(f)(3)) is amended by inserting
``, the United Kingdom, or Australia'' after ``Canada''.
(b) United States Munitions List Periodic Reviews.--
(1) In general.--The Secretary of State, acting through
authority delegated by the President to carry out periodic reviews
of items on the United States Munitions List under section 38(f) of
the Arms Export Control Act (22 U.S.C. 2778(f)) and in coordination
with the Secretary of Defense, the Secretary of Energy, the
Secretary of Commerce, and the Director of the Office of Management
and Budget, shall carry out such reviews not less frequently than
every 3 years.
(2) Scope.--The periodic reviews described in paragraph (1)
shall focus on matters including--
(A) interagency resources to address current threats faced
by the United States;
(B) the evolving technological and economic landscape;
(C) the widespread availability of certain technologies and
items on the United States Munitions List; and
(D) risks of misuse of United States-origin defense
articles.
(3) Consultation.--The Department of State may consult with the
Defense Trade Advisory Group (DTAG) and other interested parties in
conducting the periodic review described in paragraph (1).
PART 3--AUKUS SUBMARINE TRANSFER AUTHORIZATION ACT
SEC. 1351. SHORT TITLE.
This part may be cited as the ``AUKUS Submarine Transfer
Authorization Act''.
SEC. 1352. AUTHORIZATION OF SALES OF VIRGINIA CLASS SUBMARINES TO
AUSTRALIA.
(a) In General.--Effective beginning on the date that is one year
after the date of the enactment of this Act, the President is
authorized to transfer up to two Virginia Class submarines from the
inventory of the Department of the Navy to the Government of Australia
on a sale basis, and transfer not more than one additional Virginia
Class submarine to the Government of Australia on a sale basis pursuant
to section 21 of the Arms Export Control Act (22 U.S.C. 2761) during
the 20-year period beginning on the date of the enactment of this Act,
to implement the trilateral security partnership between Australia, the
United Kingdom, and the United States (in this section referred to as
the ``AUKUS partnership'').
(b) Provisions of Law Superseded.--The transfer of a vessel
authorized under subsection (a) shall not be subject to the
requirements of--
(1) section 36 of the Arms Export Control Act (22 U.S.C. 2776);
or
(2) section 8677 of title 10, United States Code.
(c) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer of a vessel authorized under subsection
(a) shall be charged to the Government of Australia notwithstanding
section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(e)).
(d) Certifications and Other Requirements.--
(1) In general.--Not later than 270 days prior to the transfer
of a vessel authorized under subsection (a), the President shall
submit to the appropriate congressional committees and leadership a
certification that--
(A) the transfer of such vessels--
(i) will not degrade the United States undersea
capabilities;
(ii) is consistent with United States foreign policy
and national security interests; and
(iii) is in furtherance of the AUKUS partnership;
(B) the United States is making sufficient submarine
production and maintenance investments to meet the combination
of United States military requirements and the requirements
under subparagraph (A);
(C) the Government of Australia has provided the
appropriate funds and support for the additional capacity
required to meet the requirements identified in this section;
and
(D) the Government Australia has the capability to host and
fully operate the vessels authorized to be transferred.
(2) Waiver of chief of naval operations certification.--The
requirement for the Chief of Naval Operations to make a
certification under section 8678 of title 10, United States Code,
shall not apply to the transfer of a vessel authorized under
subsection (a).
(3) Required mutual defense agreement.--
(A) In general.--The President may not provide for the
transfer of a vessel authorized under subsection (a) unless the
United States and Australia have entered into a mutual defense
agreement that meets the requirements of subparagraph (B) and
such agreement is in effect.
(B) Requirements.--A mutual defense agreement meets the
requirements described in this subparagraph if the agreement--
(i) provides a clear legal framework for the sole
purpose of Australia's acquisition of conventionally armed,
nuclear-powered submarines; and
(ii) meets the highest nonproliferation standards for
the exchange of nuclear materials, technology, equipment,
and information between the United States and Australia.
(4) Subsequent sales.--A transfer of vessel that is a Virginia
class submarine on a sale basis other than a transfer described in
subsection (a) may occur only if such transfer is explicitly
authorized pursuant to a law enacted after the date of the
enactment of this Act.
(e) Crediting of Receipts.--
(1) In general.--Notwithstanding any provision of law
pertaining to the crediting of amounts received from a sale under
the terms of section 21 of the Arms Export Control Act (22 U.S.C.
2761), any receipt of the United States as a result of a transfer
of a vessel authorized under subsection (a) shall--
(A) be credited, at the discretion of the President to--
(i) the appropriation, fund, or account used in
incurring the original obligation;
(ii) an appropriate appropriation, fund, or account
currently available for the purposes for which the
expenditures for the original acquisition of submarines
transferred under this section were made; or
(iii) any other appropriation, fund, or account
available for the improvement of the United States
submarine industrial base; and
(B) remain available for obligation until expended for the
same purpose as the appropriation to which the receipt is
credited.
(2) Notifications and report.--
(A) Initial notification.--Not later than 30 days before
the date of the delivery of the first vessel authorized to be
transferred under subsection (a), the President shall notify
the appropriate congressional committees and leadership of the
following:
(i) The Government of Australia has achieved Submarine
Rotational Forces-West full operational capability to
support 4 rotationally deployed Virginia class submarines
and one Astute class submarine, including having
demonstrated the domestic capacity to fully perform all the
associated activities necessary for the safe hosting and
operation of nuclear-powered submarines.
(ii) The Government of Australia has achieved
sovereign-ready initial operational capability to support a
Royal Australian Navy Virginia class submarine, including
having demonstrated the domestic capacity to fully perform
all the associated--
(I) activities necessary for the safe hosting and
operation of nuclear-powered submarines;
(II) crewing;
(III) operations;
(IV) regulatory and emergency procedures, including
those specific to nuclear power plants; and
(V) detailed planning for enduring Virginia class
submarine ownership, including each significant event
leading up to and including nuclear defueling.
(B) Notification.--Not later than 30 days after the date of
a transfer of any vessel authorized under subsection (a), and
upon any transfer or depositing of funds received pursuant to
such a transfer, the President shall notify the appropriate
congressional committees and leadership of--
(i) the amount of funds received pursuant to the
transfer; and
(ii) the specific account or fund into which the funds
described in clause (i) are deposited.
(C) Report.--Not later than 30 days after the receipt of
funds as described in subparagraph (B), the President shall
submit to the appropriate congressional committees and
leadership a report on the matters described in clauses (i) and
(ii) of subparagraph (A).
(f) Applicability of Existing Law to Transfer of Special Nuclear
Material and Utilization Facilities for Military Applications.--
(1) In general.--With respect to any special nuclear material
for use in utilization facilities or any portion of a vessel
transferred under the authority of subsection (a) constituting
utilization facilities for military applications under section 91
of the Atomic Energy Act of 1954 (42 U.S.C. 2121), the transfer of
such material or such facilities shall only occur in accordance
with such section 91.
(2) Use of funds.--The President may use proceeds from a
transfer described in subparagraph (1) for the acquisition of
submarine naval nuclear propulsion plants and the nuclear fuel to
replace the propulsion plants and fuel transferred to the
Government of Australia.
(g) Repair and Refurbishment of AUKUS Submarines.--Section 8680 of
title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Repair and Refurbishment of Certain Submarines.--(1)
Notwithstanding any other provision of this section, and subject to
paragraph (2), the President shall determine the appropriate public or
private shipyard in the United States, Australia, or the United Kingdom
to perform any repair or refurbishment of a United States submarine
involved in submarine security activities between the United States,
Australia, and the United Kingdom.
``(2)(A) The President may determine under paragraph (1) that
repair or refurbishment described in such paragraph may be performed in
Australia or the United Kingdom only if--
``(i) such repair or refurbishment will facilitate the
development of repair or refurbishment capabilities in the United
Kingdom or Australia;
``(ii) such repair or refurbishment will be for a United States
submarine that is operating forward outside of the United States;
or
``(iii) the Secretary of Defense certifies to Congress that
performing such repair or refurbishment at a shipyard in Australia
or the United Kingdom is required due to an exigent threat to the
national security interests of the United States.
``(B) In making a determination under subparagraph (A), the
President shall consider any effects of such determination on the
capacity and capability of shipyards in the United States.
``(C) Not later than 15 days after the date on which the Secretary
of Defense makes a certification under subparagraph (A)(iii), the
Secretary shall brief the congressional defense committees on--
``(i) the threat that requires the use of a shipyard in
Australia or the United Kingdom; and
``(ii) opportunities to mitigate the future potential need to
leverage foreign shipyards.
``(3) Repair or refurbishment described in paragraph (1) may be
carried out by personnel and contractors of the United States, the
United Kingdom, or Australia in accordance with the international
arrangements governing the submarine security activities described in
such paragraph.''.
(h) Transfer or Export of Defense Services.--
(1) In general.--The President may transfer or authorize the
export of defense services (as such term is defined in section 47
of the Arms Export Control Act (22 U.S.C. 2794)) to the Government
of Australia and the Government of the United Kingdom necessary or
incidental to support the transfer and operation of vessels
authorized under subsection (a).
(2) Authority to export to australian and united kingdom
private and public-sector personnel.--The transfer or export of
defense services under this subsection may be directly exported to
private and public-sector personnel of Australia or to private and
public-sector personnel of the United Kingdom to support the
development of the Australian submarine industrial base necessary
for submarine security activities between members of the AUKUS
partnership, including in the case in which such private and
public-sector personnel are not officers, employees, or agents of
the Government of Australia or the Government of the United
Kingdom.
(3) Application of requirements for retransfer and reexport.--
Any person who receives any defense service transferred or exported
under paragraph (1) may retransfer or reexport such service to
other persons only in accordance with the requirements of the Arms
Export Control Act (22 U.S.C. 2751 et seq.).
(4) Security controls.--
(A) In general.--Any defense service transferred or
exported under paragraph (1) shall be subject to appropriate
security controls to ensure that any sensitive information
conveyed by such transfer or export is protected from
disclosure to persons unauthorized by the United States to
receive such information.
(B) Certification.--Not later than 30 days before the first
transfer or export of a defense service under paragraph (1),
and annually thereafter, the President shall certify to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives that the
controls described in subparagraph (A) will protect the
information described in such subparagraph for the defense
services so transferred or exported.
(i) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter for 15 years, the
President shall submit to the appropriate congressional committees
and leadership a report describing--
(A) the status of the transfer of vessels authorized under
subsection (a);
(B) the implementation of submarine security cooperation
under the AUKUS partnership and challenges towards its
implementation;
(C) expansion of the public and private Virginia class
submarine production and repair facilities, to include proposed
work conducted in Australia and the United Kingdom to meet the
additional work required by commitments under the AUKUS
partnership;
(D) an annual procurement schedule for the total quantity
of submarines the Department of Defense plans to procure over
the 15 years following the date of the enactment of this Act;
and
(E) a list of transfers or exports of defense services
authorized under subsection (h) and the private-sector
personnel of Australia or the private-sector personnel of the
United Kingdom to whom the defense services were exported.
(2) Form.--The report required by this subsection shall be
submitted in classified form.
SEC. 1353. ACCEPTANCE OF CONTRIBUTIONS IN SUPPORT OF AUSTRALIA, UNITED
KINGDOM, AND UNITED STATES SUBMARINE SECURITY ACTIVITIES.
(a) Acceptance Authority.--The President may accept from the
Government of Australia contributions of money made by the Government
of Australia for use by the Department of Defense in support of non-
nuclear related aspects of submarine security activities between
Australia, the United Kingdom, and the United States (in this section
referred to as the `AUKUS partnership').
(b) Establishment of Submarine Security Activities Account.--
(1) In general.--There is established in the Treasury of the
United States a special account to be known as the ``Submarine
Security Activities Account''.
(2) Credit to account.--Contributions of money accepted by the
President under subsection (a) shall be credited to the Submarine
Security Activities Account.
(3) Availability.--Amounts credited to the Submarine Security
Activities Account shall remain available until expended.
(c) Use of Funds.--
(1) In general.--Subject to paragraphs (2) and (3) of
subsection (b), the President may use funds in the Submarine
Security Activities Account--
(A) for any purpose authorized by law that the President
determines would support the AUKUS submarine security
activities;
(B) to carry out a military construction project that is
consistent with the purposes for which the contributions were
made and is authorized by law;
(C) to develop and increase the submarine industrial base
workforce by investing in recruiting, training, and retaining
key specialized labor at public and private shipyards; or
(D) to upgrade facilities, equipment, and infrastructure
needed to repair and maintain submarines at public and private
shipyards.
(2) No further specific authorization in law required.--Funds
in the Submarine Security Activities Account may be used as
described in this subsection without further specific authorization
in law.
(d) Plan for Use of Funds.--Not later than 30 days prior to any use
of any funds in the Submarine Security Activities Account, the
President shall submit to the appropriate congressional committees and
leadership a plan detailing--
(1) the amount of funds in the Submarine Security Activities
Account; and
(2) how such funds will be used, including specific amounts and
purposes.
(e) Transfers of Funds.--
(1) To department of defense.--
(A) In general.--In carrying out subsection (c), the
President may transfer funds available in the Submarine
Security Activities Account to appropriations available to the
Department of Defense.
(B) Authority in addition to other transfer authority.--The
authority provided in this paragraph is in addition to any
other transfer authority otherwise provided by law and is
subject to the same terms and conditions as the authority
provided in section 8005 of the Department of Defense
Appropriations Act, 2023 (Public Law 117-328), except for
monetary limitations concerning the amount of authority
available.
(C) Availability.--Funds transferred under the authority
provided in this paragraph shall be merged with and available
for the same purposes, and for the same time period, as the
appropriation to which transferred.
(D) Limitation on certain transactions.--Contributions
referred to in subsection (a) may not be obligated for a
transaction authorized in subsection (c)(1)(B) until the
President submits to the appropriate congressional committees
and leadership notice of the transaction, including a detailed
cost estimate, and a period of 21 days has elapsed after the
date on which the notification is received by the appropriate
congressional committees and leadership or, if earlier, a
period of 14 days has elapsed after the date on which a copy of
the notification is provided in an electronic medium.
(2) To department of energy.--In carrying out subsection (c),
and in accordance with the Atomic Energy Act of 1954, (42 U.S.C.
2011 et seq.), the President may transfer funds available in the
Submarine Security Activities Account to appropriations or funds of
the Department of Energy available to carry out activities related
to AUKUS submarine security activities.
(3) Transfers back to submarine security activities account.--
Upon a determination by the President that all or part of the funds
transferred from the Submarine Security Activities Account under
this subsection are not necessary for the purposes for which such
funds were transferred, all or such part of such funds shall be
transferred back to the Submarine Security Activities Account.
(f) Investment of Money.--
(1) In general.--The President may invest money in the
Submarine Security Activities Account in securities of the United
States or in securities guaranteed as to principal and interest by
the United States.
(2) Interest.--Any interest or other income that accrues from
investment in securities referred to in paragraph (1) shall be
deposited to the credit of the Submarine Security Activities
Account.
(g) Relationship to Other Laws.--The authority to accept or
transfer funds under this section is in addition to any other statutory
authority to accept or transfer funds.
(h) Notification and Report.--
(1) Notification.--Not later than 60 days prior to the transfer
of any funds from the Submarine Security Activities Account, the
President shall notify the appropriate congressional committees and
leadership of--
(A) the intended use of such funds by appropriation,
program, project, and activity, as defined in the Joint
Explanatory Statement accompanying the Department of Defense
Appropriations Act 2023 (Public Law 117-328); and
(B) the extent to which such funds complement, supplement,
or supplant other on-going or planned efforts funded by an
appropriations Act with an identification of the associated
funding and explanation of the combined efforts including the
intended outcomes.
(2) Annual report.--Not later than November 30 of each year
until one year after the date on which all funds transferred under
this section have been fully expended, the President shall submit
to the appropriate congressional committees and leadership a report
that includes a detailed accounting of--
(A) the amount of funds transferred under this subsection
during the fiscal year preceding the fiscal year in which the
report is submitted; and
(B) the purposes for which such funds were used.
(i) Report.--
(1) In general.--Not later than 30 days after the date on which
contributions of money accepted by the President under subsection
(a) are credited to the Submarine Security Activities Account under
subsection (b), the President shall submit to the appropriate
congressional committees and leadership a report on--
(A) the amount of money so transferred;
(B) a description of the intended use of the funds; and
(C) any other matters related to the administration of the
Submarine Security Activities Account as determined necessary
by the Secretary.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form but may include a classified annex.
SEC. 1354. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP DEFINED.
In this subtitle, the term ``appropriate congressional committees
and leadership'' means--
(1) the Speaker of the House of Representatives and the
Committee on Foreign Affairs, the Committee on Armed Services, and
the Committee on Appropriations of the House of Representatives;
and
(2) the majority leader of the Senate and the Committee on
Foreign Relations, the Committee on Armed Services, and the
Committee on Appropriations of the Senate.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Improvements to Strategic and Critical Materials Stock
Piling Act.
Sec. 1412. Authority to dispose of materials from the National Defense
Stockpile.
Sec. 1413. Beginning balances of the National Defense Stockpile
Transaction Fund for audit purposes.
Sec. 1414. Critical mineral independence.
Subtitle C--Other Matters
Sec. 1421. Modification of leasing authority of Armed Forces Retirement
Home.
Sec. 1422. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1423. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2024
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United
States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2024 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2024 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
Subtitle B--National Defense Stockpile
SEC. 1411. IMPROVEMENTS TO STRATEGIC AND CRITICAL MATERIALS STOCK
PILING ACT.
(a) Purposes.--Section 2 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98a) is amended by adding at the end the
following new subsection:
``(d) To the maximum extent practicable and to reduce the reliance
of the National Defense Stockpile program on appropriated funds, the
National Defense Stockpile Manager shall seek to achieve positive cash
flows from the recovery of strategic and critical materials pursuant to
section 6(a)(5).''.
(b) Stockpile Management.--Section 6 of such Act (50 U.S.C. 98e) is
amended--
(1) in subsection (a)(5), by striking ``from excess'' and all
that follows and inserting ``from other Federal agencies, either
directly as materials or embedded in excess-to-need, end-of-life
items, or waste streams;'';
(2) in subsection (c)(1), by striking ``subsection (a)(5) or
(a)(6)'' and inserting ``subsection (a)(6) or (a)(7)'';
(3) in subsection (d)(2), by striking ``subsection (a)(5)'' and
inserting ``subsection (a)(6)''; and
(4) by adding at the end the following new subsections:
``(g)(1) The National Defense Stockpile Manager shall establish a
pilot program to use, to the maximum extent practicable, commercial
best practices in the acquisition and disposal of strategic and
critical materials for the stockpile.
``(2)(A) The Stockpile Manager shall brief the congressional
defense committees (as defined in section 101(a) of title 10, United
States Code)--
``(i) as soon as practicable after the establishment of the
pilot program under paragraph (1); and
``(ii) annually thereafter until the termination of the pilot
program under paragraph (3).
``(B) The briefing required by subparagraph (A)(i) shall address--
``(i) the commercial best practices selected for use under the
pilot program;
``(ii) how the Stockpile Manager determined which commercial
best practices to select; and
``(iii) the plan of the Stockpile Manager for using such
practices.
``(C) Each briefing required by subparagraph (A)(ii) shall provide
a summary of--
``(i) how the Stockpile Manager has used commercial best
practices under the pilot program during the year preceding the
briefing;
``(ii) how many times the Stockpile Manager has used such
practices;
``(iii) the outcome of each use of such practices; and
``(iv) any savings achieved or lessons learned as a result of
the use of such practices.
``(3) The pilot program established under paragraph (1) shall
terminate effective on the date that is 5 years after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2024.
``(h) Except to the extent necessary for the national defense, the
National Defense Stockpile Manager shall ensure that each program for
the recovery of strategic and critical materials implemented under
subsection (a)(5) operates in a manner designed to achieve positive
cash flow.''.
(c) Strategic and Critical Materials Board of Directors.--Section
10 of such Act (50 U.S.C. 98h-1) is amended--
(1) in subsection (c)--
(A) in paragraph (4), by striking ``of the National Defense
Stockpile Manager'' and inserting ``of the management and
operations of the National Defense Stockpile program'';
(B) by striking paragraph (5) and redesignating paragraphs
(6) through (10) as paragraphs (5) through (9), respectively;
and
(C) in paragraph (7), as so redesignated--
(i) by striking ``required by section 11(a)(2) of this
Act, including a review of'' and inserting ``required by
section 11(a) of this Act. The report required by section
11(b)(2) shall include the views and recommendations of the
Board on''; and
(ii) by striking ``proposed actions to be taken under
the Annual Materials and Operations Plan'' and inserting
``all acquisition of materials for and disposals of
materials from the stockpile''; and
(2) by amending subsection (e) to read as follows:
``(e) Application of Provisions Relating to Federal Advisory
Committees.--Section 1013(a) of title 5, United States Code, shall not
apply to the Board.''.
(d) Reports.--Section 11 of such Act (50 U.S.C. 98h-2) is amended--
(1) in subsection (a), by striking ``the following:'' and all
that follows and inserting ``an Annual Materials and Operations
Plan for the forthcoming year.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the heading--
(I) by striking ``Reports'' and inserting
``Report''; and
(II) by striking ``manage'' and inserting
``manager'';
(ii) in the matter preceding subparagraph (A)--
(I) by striking ``90 days after the conclusion of
the fourth quarter of each fiscal year'' and inserting
``February 15 of each fiscal year''; and
(II) by striking ``a report'' and inserting ``an
Annual Operations and Materials Plan'';
(iii) by amending subparagraph (E) to read as follows:
``(E) a statement and explanation of the financial status
of the National Defense Stockpile Transaction Fund and
anticipated appropriations to be made to the Fund, and
obligations to be made from the fund, during the current fiscal
year;''; and
(iv) by striking subparagraphs (G) and (H) and
inserting the following:
``(G) an annual materials plan for the operation of the
stockpile during the next fiscal year and the succeeding four
fiscal years and planned expenditures from the National Defense
Stockpile Transaction Fund and anticipated receipts from
disposal of stockpile materials, which shall include--
``(i) details of all planned expenditures from the
National Defense Stockpile Transaction Fund during such
period and of anticipated receipts from the proposed
disposals of stockpile materials during such period;
``(ii) details regarding materials development and
research projects to be conducted during the fiscal years
covered by the report using moneys in the National Defense
Stockpile Transaction Fund pursuant to section 9(b)(2)(G);
and
``(iii) with respect to each development and research
project described in clause (ii), the report shall specify
the amount planned to be expended from the National Defense
Stockpile Transaction Fund, the material intended to be
developed, the potential military or defense industrial
applications for that material, and the development and
research methodologies to be used;
``(H) any proposed expenditure or disposal detailed in the
annual materials plan for any such fiscal year, and any
expenditure or disposal proposed in connection with any
transaction submitted for such fiscal year to the appropriate
committees of Congress pursuant to section 5(a)(2) that is not
obligated or executed in that fiscal year may not be obligated
or executed until such proposed expenditure or disposal is
resubmitted in a subsequent annual materials plan or is
resubmitted to the appropriate committees of Congress in
accordance with section 5(a)(2), as appropriate; and
``(I) a summary of the implementation and findings of the
pilot program established under section 6(g)(1), including--
``(i) the commercial best practices selected for use
under the pilot program;
``(ii) how the National Defense Stockpile Manager
determined which commercial best practices to select;
``(iii) how the National Defense Stockpile Manager has
used commercial best practices under the pilot program
during the year preceding the briefing;
``(iv) the outcome of each use of such practices; and
``(v) any savings achieved or lessons learned as a
result of the use of such practices.''; and
(B) in paragraph (2), by striking ``paragraph (1)'' and all
that follows and inserting ``paragraph (1) which shall include
the activities of the Board to carry out the duties listed in
section 10(c) of this Act''.
(e) Development and Conservation of Reliable Sources.--
(1) In general.--Section 15 of such Act (50 U.S.C. 98h-6) is
amended to read as follows:
``SEC. 15. DEVELOPMENT AND CONSERVATION OF RELIABLE SOURCES.
``(a) Duties.--Subject to subsection (d), the National Defense
Stockpile Manager shall encourage the development and appropriate
conservation of reliable sources of strategic and critical materials--
``(1) by purchasing, or making a commitment to purchase,
strategic and critical materials from reliable sources when such
materials are needed for the stockpile;
``(2) by contracting with facilities located in and owned and
controlled by reliable sources, or making a commitment to contract
with such facilities, for the processing or refining of strategic
and critical materials in the stockpile when processing or refining
is necessary to convert such materials into a form more suitable
for storage or disposition or meeting stockpile requirements;
``(3) by qualifying facilities located in and owned and
controlled by reliable sources, or qualifying strategic and
critical materials produced by such facilities, to meet stockpile
requirements;
``(4) by contracting with facilities located in and owned and
controlled by reliable sources to recycle strategic and critical
materials to meet stockpile requirements or increase the balance of
the National Defense Stockpile Transaction Fund under section 9;
and
``(5) by entering into an agreement to co-fund a bankable
feasibility study for a project for the development of strategic
and critical materials located in and owned and controlled by a
reliable source, if the agreement--
``(A) limits the liability of the stockpile to not more
than the total funding provided by the Federal Government;
``(B) limits the funding contribution of the Federal
Government to not more than 50 percent of the cost of the
bankable feasibility study; and
``(C) does not obligate the Federal Government to purchase
strategic and critical materials from the reliable source.
``(b) Additional Authorities.--
``(1) Extended contracting authority.--
``(A) In general.--The term of a contract or commitment
made under subsection (a) may not exceed ten years.
``(B) Preexisting contracts.--A contract entered into
before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2024 for a term of more than
ten years may be extended, on or after such date of enactment,
for a total of not more than an additional ten years pursuant
to any option or options set forth in the contract.
``(2) Matters relating to co-funding of bankable feasibility
studies.--To the extent authorized by Congress pursuant to the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and
determined to be required by the President pursuant to that Act,
the National Defense Stockpile Manager may provide for loans or
procure debt issued by other entities to carry out a project for
the development of strategic and critical materials with respect to
which a study was carried out under subsection (a)(5).
``(c) Proposed Transactions Included in Annual Materials Plan.--
Descriptions of proposed transactions under subsection (a) shall be
included in the Annual Materials and Operations Plan. Changes to any
such transaction, or the addition of a transaction not included in such
plan, shall be made in accordance with section 5(a)(2).
``(d) Availability of Funds.--The authority of the National Defense
Stockpile Manager to enter into obligations under this section is
effective for any fiscal year only to the extent that funds in the
National Defense Stockpile Transaction Fund under section 9 are
adequate to meet such obligations.
``(e) Bankable Feasibility Study Defined.--In this section, the
term `bankable feasibility study' means a comprehensive technical and
economic study--
``(1) of the selected option for a strategic and critical
materials development project that includes appropriately detailed
assessments of realistically assumed extraction, processing,
metallurgical, economic, marketing, legal, environmental, social,
and governmental considerations and any other relevant operational
factors and detailed financial analysis, that are necessary to
demonstrate at the time of reporting that production is reasonably
justified; and
``(2) that may reasonably serve as the basis for a final
decision by a proponent of a project or financial institution to
proceed with, or finance, the development of the project.''.
(2) Conforming amendments.--
(A) Significant stockpile transaction change report.--
Section 5(a)(2) of such Act (50 U.S.C. 98d(a)(2)) is amended by
striking ``the Board'' and inserting ``the National Defense
Stockpile Manager''.
(B) Materials research and development.--Section 8(a) of
such Act (50 U.S.C. 98g(a)) is amended--
(i) in paragraph (1), by striking ``or in its
territories or possessions,'' and inserting ``its
territories or possessions, or in a reliable source''; and
(ii) in paragraph (2), by striking ``in order to--''
and all that follows and inserting the following: ``in
order to develop new sources of strategic and critical
materials, develop substitutes, or conserve domestic
sources and reliable sources of supply for such strategic
and critical materials.''.
(C) Definitions.--Section 12 of such Act (50 U.S.C. 98h-3)
is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) The term `reliable source' mean a citizen or business
entity organized under the laws of--
``(A) the United States or any territory or possession of
the United States;
``(B) a country of the national technology and industrial
base, as such term is defined in section 4801 of title 10,
United States Code; or
``(C) a qualifying country, as defined in section 225.003
of the Defense Federal Acquisition Regulation Supplement or any
successor document.''.
SEC. 1412. AUTHORITY TO DISPOSE OF MATERIALS FROM THE NATIONAL DEFENSE
STOCKPILE.
Pursuant to section 5(b) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98d(b)), the National Defense Stockpile
Manager may dispose of the following materials contained in the
National Defense Stockpile in the following quantities:
(1) 8 short tons of beryllium.
(2) 154,043 short dry tons of metallurgical grade manganese
ore.
(3) 5,000 kilograms of germanium.
(4) 91,413 pounds of pan-based carbon fibers.
(5) Not more than 1,000 short tons of materials transferred
from another department or agency of the United States to the
National Defense Stockpile under section 4(b) of such Act (50
U.S.C. 98c(b)) that the National Defense Stockpile Manager
determines is no longer required for the Stockpile (in addition to
any amount of such materials previously authorized for disposal).
SEC. 1413. BEGINNING BALANCES OF THE NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND FOR AUDIT PURPOSES.
For purposes of an audit conducted under chapter 9A of title 10,
United States Code, of the National Defense Stockpile Transaction Fund
established by section 9 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h)--
(1) the ending balance of $313,633,491.15 reported in the
Central Accounting Reporting System of the Department of the
Treasury for September 30, 2021, is the Fund Balance with Treasury
ending balance on that date;
(2) the Total Actual Resources-Collected opening balance for
October 1, 2021, for United States Standard General Ledger Account
420100 is $314,548,154.42, as recorded in official accounting
records; and
(3) the Unapportioned-Unexpired Authority ending balance for
September 30, 2021, for United States Standard General Ledger
Account 445000 is $216,976,300.69, as recorded in official
accounting records.
SEC. 1414. CRITICAL MINERAL INDEPENDENCE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Covered country.--The term ``covered country'' means--
(A) a covered nation (as defined in section 4872(d) of
title 10, United States Code); and
(B) any other country determined by the Secretary of
Defense to be a strategic competitor or adversary of the United
States for purposes of this section.
(3) Critical mineral.--The term ``critical mineral'' means a
critical mineral (as defined in section 7002(a) of the Energy Act
of 2020 (30 U.S.C. 1606(a))) that the Secretary of Defense
determines to be important to the national security of the United
States for purposes of this section.
(4) Shortfall material.--The term ``shortfall material'' means
materials determined to be in shortfall in the most recent report
on stockpile requirements submitted to Congress under subsection
(a) of section 14 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-5) and included in the most recent
briefing required by subsection (f) of such section.
(b) Statement of Policy.--It is the policy of the United States--
(1) to expand secure sources of supply of critical minerals,
including rare earth elements, in the United States and in
countries that are allies or partners of the United States to meet
the needs of the United States defense sector so that the
Department of Defense will achieve critical mineral supply chain
independence from covered countries, including the People's
Republic of China, the Russian Federation, the Islamic Republic of
Iran, and the Democratic People's Republic of North Korea; and
(2) that the Department of Defense will procure critical
minerals and products made using supply chains involving critical
minerals that are not mined or processed in or by covered
countries.
(c) Strategy to Achieve Critical Mineral Supply Chain Independence
for the Department of Defense.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
committees of Congress a strategy to develop supply chains for the
Department of Defense that are not dependent on mining or
processing of critical minerals in or by covered countries, in
order to achieve critical mineral supply chain independence from
covered countries for the Department by 2035.
(2) Elements.--The strategy required by paragraph (1) shall--
(A) identify and assess significant vulnerabilities in the
supply chains of contractors and subcontractors of the
Department of Defense involving critical minerals that are
mined or processed in or by covered countries;
(B) identify and recommend changes to the acquisition laws,
regulations, and policies of the Department of Defense to
ensure contractors and subcontractors of the Department use
supply chains involving critical minerals that are not mined or
processed in or by covered countries to the greatest extent
practicable;
(C) evaluate the utility and desirability of leveraging the
process for acquiring shortfall materials for the National
Defense Stockpile under the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98 et seq.) to strengthen mining
and processing capacity for critical minerals in the United
States and in countries that are allies or partners of the
United States;
(D) identify areas of potential engagement and partnership
with the governments of countries that are allies or partners
of the United States to jointly reduce dependence on critical
minerals mined or processed in or by covered countries;
(E) identify and recommend other policy changes that may be
needed to achieve critical mineral supply chain independence
from covered countries for the Department;
(F) identify and recommend measures to streamline
authorities and policies with respect to critical minerals and
supply chains for critical minerals; and
(G) prioritize the recommendations made in the strategy to
achieve critical mineral supply chain independence from covered
countries for the Department, taking into consideration
economic costs and varying degrees of vulnerability posed to
the national security of the United States by reliance on
different types of critical minerals.
(3) Form of strategy.--The strategy required by paragraph (1)
shall be submitted in classified form but shall include an
unclassified summary.
Subtitle C--Other Matters
SEC. 1421. MODIFICATION OF LEASING AUTHORITY OF ARMED FORCES RETIREMENT
HOME.
(a) Agreements.--Before entering a lease under section 1511(i) of
the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(i)), the
Chief Operating Officer of the Armed Forces Retirement Home may enter
into an agreement with a potential lessee for such lease providing for
a period of exclusivity, access, study, or for similar purposes. The
agreement shall provide for the payment (in cash or in kind) by the
potential lessee of consideration for the agreement unless the Chief
Operating Officer determines that payment of consideration will not
promote the purpose and financial stability of the Armed Forces
Retirement Home or be in the public interest.
(b) Approval and Notification.--A sublease pursuant to section
1511(i) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
411(i)) shall not be subject to the approval of the Secretary of
Defense or any requirement to notify or submit a report to Congress
described in such section if the Chief Operating Officer of the Armed
Forces Retirement Home determines that the terms of the sublease
conform with the terms of such lease.
(c) Administration of Funds.--
(1) Agreement proceeds.--The proceeds from an agreement entered
into under subsection (a) shall be deposited in the Armed Forces
Retirement Home Trust Fund.
(2) Fund uses.--The proceeds from the lease of property under
section 1511(i) of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 411(i)) and the proceeds from agreements entered into under
subsection (a) of this section that are deposited in the Armed
Forces Retirement Home Trust Fund shall remain available for
obligation and expenditure to finance expenses of the Retirement
Home related to the formation and administration of agreements and
leases entered into under the provisions of this section or such
section 1511(i).
(d) Sunset.--This section shall terminate on September 30, 2026.
SEC. 1422. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION
FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 1405 and available for the Defense Health
Program for operation and maintenance, $172,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b)
of such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1423. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2024
from the Armed Forces Retirement Home Trust Fund the sum of $77,000,000
of which--
(1) $68,060,000 is for operating expenses; and
(2) $8,940,000 is for capital maintenance and construction.
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Cyber Operations
Sec. 1501. Performance metrics for pilot program on sharing cyber
capabilities and related information with foreign operational
partners.
Sec. 1502. Harmonization and clarification of Strategic Cybersecurity
Program and related matters.
Sec. 1503. Modification of authority to use operation and maintenance
funds for cyber operations-peculiar capability development
projects.
Sec. 1504. Quarterly briefings on joint all domain command and control
effort.
Sec. 1505. Authority for countering illegal trafficking by Mexican
transnational criminal organizations in cyberspace.
Sec. 1506. Development of cyber support mechanisms for geographic
combatant commands.
Sec. 1507. Review and plan relating to cyber red teams of Department of
Defense.
Subtitle B--Cybersecurity
Sec. 1511. Responsibility for cybersecurity and critical infrastructure
protection of defense industrial base.
Sec. 1512. Cybersecurity enhancements for nuclear command, control, and
communications network.
Sec. 1513. Pilot program relating to semiconductor supply chain and
Cybersecurity Collaboration Center.
Sec. 1514. Transfer of data and technology developed under MOSAICS
program.
Sec. 1515. Modernization program for network boundary and cross-domain
defense.
Sec. 1516. Establishment of certain identity, credential, and access
management activities as program of record.
Sec. 1517. Pilot program on assuring critical infrastructure support for
military contingencies.
Sec. 1518. Military cybersecurity cooperation with Taiwan.
Sec. 1519. Guidance regarding securing laboratories of the Armed Forces.
Subtitle C--Information Technology and Data Management
Sec. 1521. Control and management of Department of Defense data;
establishment of Chief Digital and Artificial Intelligence
Officer Governing Council.
Sec. 1522. Modification to Department of Defense enterprise-wide
procurement of cyber data products and services.
Sec. 1523. Management of data assets by Chief Digital and Artificial
Intelligence Officer.
Sec. 1524. Course of education and pilot program on authentication of
digital content provenance for certain Department of Defense
media content.
Sec. 1525. Prize competitions for business systems modernization.
Sec. 1526. Requirements for deployment of fifth generation information
and communications capabilities to military installations and
other Department facilities.
Sec. 1527. Required policies to establish datalink strategy of
Department of Defense.
Subtitle D--Personnel
Sec. 1531. Office for academic engagement relating to cyber activities.
Sec. 1532. Selected Reserve order to active duty to respond to a
significant cyber incident.
Sec. 1533. Post-graduate employment of Department of Defense Cyber
Service Academy scholarship recipients in intelligence
community.
Sec. 1534. Minimum number of scholarships to be awarded annually through
Department of Defense Cyber Service Academy.
Sec. 1535. Pilot program and other measures to enhance readiness and
effectiveness of Cyber Mission Force.
Sec. 1536. Authority to conduct pilot program on Civilian Cybersecurity
Reserve.
Sec. 1537. Requirements for implementation of user activity monitoring
for certain personnel.
Sec. 1538. Study on occupational resiliency of Cyber Mission Force.
Subtitle E--Artificial Intelligence
Sec. 1541. Modification to acquisition authority of senior official with
principal responsibility for artificial intelligence and
machine learning.
Sec. 1542. Artificial intelligence bug bounty programs.
Sec. 1543. Prize competition for technology that detects and watermarks
use of generative artificial intelligence.
Sec. 1544. Plans, strategies, and other matters relating to artificial
intelligence.
Sec. 1545. Study to analyze vulnerability for artificial intelligence-
enabled military applications.
Subtitle F--Reports and Other Matters
Sec. 1551. Limitation on availability of funds for travel for Office of
Under Secretary of Defense for Personnel and Readiness pending
strategy relating to Defense Travel System.
Sec. 1552. Management by Department of Defense of mobile applications.
Sec. 1553. Report on Department of Defense Enterprise capabilities for
cybersecurity.
Sec. 1554. Report on technology modernization for Army Human Resources
Command 2030 Transformation Plan.
Sec. 1555. Certification requirement regarding contracting for military
recruiting.
Subtitle A--Cyber Operations
SEC. 1501. PERFORMANCE METRICS FOR PILOT PROGRAM ON SHARING CYBER
CAPABILITIES AND RELATED INFORMATION WITH FOREIGN OPERATIONAL PARTNERS.
Chapter 19 of title 10, United States Code, is amended--
(1) by redesignating the second section 398 (relating to pilot
program for sharing cyber capabilities and related information with
foreign operational partners) as section 398a; and
(2) in section 398a, as so redesignated--
(A) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(B) by inserting after subsection (e) the following new
subsection:
``(f) Performance Metrics.--(1) The Secretary of Defense shall
maintain performance metrics to track the results of sharing cyber
capabilities and related information with foreign operational partners
under a pilot program authorized by subsection (a).
``(2) The performance metrics under paragraph (1) shall include the
following:
``(A) Whom the cyber capability was used against.
``(B) The effect of the cyber capability, including whether and
how the transfer of the cyber capability improved the operational
cyber posture of the United States and achieved operational
objectives of the United States, or had no effect.
``(C) Such other outcome-based or appropriate performance
metrics as the Secretary considers appropriate for evaluating the
effectiveness of a pilot program carried out under subsection
(a).''.
SEC. 1502. HARMONIZATION AND CLARIFICATION OF STRATEGIC CYBERSECURITY
PROGRAM AND RELATED MATTERS.
(a) Harmonization and Clarification.--
(1) In general.--Chapter 19 of title 10, United States Code, is
amended by inserting after section 391a the following new section:
``Sec. 391b. Strategic cybersecurity program
``(a) In General.--(1) There is a program to be known as the
`Strategic Cybersecurity Program' (in this section referred to as the
`Program') to ensure the ability of the Department of Defense to
conduct the most critical military missions of the Department.
``(2) The Secretary of Defense shall designate a principal staff
assistant from within the Office of the Secretary of Defense whose
office shall serve as the office of primary responsibility for the
Program, and provide policy, direction, and oversight regarding the
execution of the responsibilities of the program manager selected
pursuant to subsection (c)(1).
``(b) Membership.--In addition to the office of primary
responsibility for the Program under subsection (a)(2) and the program
manager selected pursuant to subsection (c)(1), membership in the
Program shall include the following:
``(1) The Vice Chairman of the Joint Chiefs of Staff.
``(2) The Commanders of the United States Cyber Command, United
States European Command, United States Indo-Pacific Command, United
States Northern Command, United States Strategic Command, United
States Space Command, United States Transportation Command.
``(3) The Under Secretary of Defense for Acquisition and
Sustainment.
``(4) The Under Secretary of Defense for Policy.
``(5) The Chief Information Officer of the Department of
Defense.
``(6) The Chief Digital and Artificial Intelligence Officer of
the Department of Defense.
``(7) The chief information officers of the military
departments.
``(8) The Principal Cyber Advisor of the Department of Defense.
``(9) The Principal Cyber Advisors of the military departments.
``(10) Each senior official identified pursuant to subsection
(i) of section 1647 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1118).
``(11) Such other officials as may be determined necessary by
the Secretary of Defense.
``(c) Program Office.--(1) There is in the Cybersecurity
Directorate of the National Security Agency a program office to support
the Program by identifying threats to, vulnerabilities in, and
remediations for, the missions and mission elements specified in
subsection (d)(1). Such program office shall be headed by a program
manager selected by the Director of the National Security Agency.
``(2) The Chief Information Officer of the Department of Defense,
in exercising authority, direction, and control over the Cybersecurity
Directorate of the National Security Agency, shall ensure that the
program office under paragraph (1) is responsive to the requirements
and direction of the program manager selected pursuant to such
paragraph.
``(3) The Secretary may augment the personnel assigned to the
program office under paragraph (1) by assigning personnel as
appropriate from among members of any covered armed force (including
the reserve components thereof), civilian employees of the Department
of Defense (including the Defense Intelligence Agency), and personnel
of the research laboratories of the Department of Defense, who have
particular expertise in the areas of responsibility referred to in
subsection (d).
``(d) Designation of Mission Elements of Program.--(1) The Under
Secretary of Defense for Policy, the Under Secretary of Defense for
Acquisition and Sustainment, and the Vice Chairman of the Joint Chiefs
of Staff shall identify and designate for inclusion in the Program all
of the systems, critical infrastructure, kill chains, and processes,
including systems and components in development, that comprise the
following military missions of the Department of Defense:
``(A) Nuclear deterrence and strike.
``(B) Select long-range conventional strike missions germane to
the warfighting plans of the United States European Command and the
United States Indo-Pacific Command.
``(C) Offensive cyber operations.
``(D) Homeland missile defense.
``(2) The Vice Chairman of the Joint Chiefs of Staff shall
coordinate the identification and prioritization of the missions and
mission components, and the development and approval of requirements
relating to the cybersecurity of the missions and mission components,
of the Program.
``(e) Additional Responsibilities of Head of Office of Primary
Responsibility.--In addition to providing policy, direction, and
oversight as specified in subsection (a)(2), the head of the office of
primary responsibility for the Program designated under such subsection
shall be responsible--
``(1) for overseeing and providing direction on any covered
statutory requirement that is ongoing, recurrent (including on an
annual basis), or unfulfilled, including by--
``(A) reviewing any materials required to be submitted to
Congress under the covered statutory requirement prior to such
submission; and
``(B) ensuring such submissions occur by the applicable
deadline under the covered statutory requirement: and
``(2) recording and monitoring the remediation of identified
vulnerabilities in constituent systems, infrastructure, kill
chains, and processes of the missions specified in subsection
(d)(1).
``(f) Responsibilities of Program Manager.--The program manager
selected pursuant to subsection (c)(1) shall be responsible for the
following:
``(1) Conducting end-to-end vulnerability assessments of the
constituent systems, infrastructure, kill chains, and processes of
the missions specified in subsection (d)(1).
``(2) Prioritizing and facilitating the remediation of
identified vulnerabilities in such constituent systems,
infrastructure, kill chains, and processes.
``(3) Conducting, prior to the Milestone B approval for any
proposed such system or infrastructure germane to the missions of
the Program, appropriate reviews of the acquisition and system
engineering plans for that proposed system or infrastructure, in
accordance with the policy and guidance of the Under Secretary of
Defense for Acquisition and Sustainment regarding the components of
such reviews and the range of systems and infrastructure to be
reviewed.
``(4) Advising the Secretaries of the military departments, the
commanders of the combatant commands, and the Joint Staff on the
vulnerabilities and cyberattack vectors that pose substantial risk
to the missions of the Program and their constituent systems,
critical infrastructure, kill chains, or processes.
``(5) Ensuring that the Program builds upon (including through
the provision of oversight and direction by the head of the office
of primary responsibility for the Program pursuant to subsection
(e), as applicable), and does not duplicate, other efforts of the
Department of Defense relating to cybersecurity, including the
following:
``(A) The evaluation of cyber vulnerabilities of major
weapon systems of the Department of Defense required under
section 1647 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1118).
``(B) The evaluation of cyber vulnerabilities of critical
infrastructure of the Department of Defense required under
section 1650 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2224 note).
``(C) The activities of the cyber protection teams of the
Department of Defense.
``(g) Responsibilities of Secretary of Defense.--The Secretary of
Defense shall define and issue guidance on the roles and
responsibilities for components of the Department of Defense other than
those specified in this section with respect to the Program,
including--
``(1) the roles and responsibilities of the acquisition and
sustainment organizations of the military departments in supporting
and implementing remedial actions;
``(2) the alignment of Cyber Protection Teams with the
prioritized missions of the Program;
``(3) the role of the Director of Operational Test and
Evaluation in conducting periodic assessments, including through
cyber red teams, of the cybersecurity of missions in the Program;
and
``(4) the role of the Principal Cyber Adviser in coordinating
and monitoring the execution of the Program.
``(h) Annual Reporting.--Not later than December 31 of each year,
the head of the office of primary responsibility for the Program, in
coordination with the appropriate members of the Program under
subsection (b), shall submit to the congressional defense committees an
annual report on the efforts carried out pursuant to this section or
any covered provision of law, including with respect to such efforts
concerning--
``(1) the evaluation of cyber vulnerabilities of each major
weapon system of the Department of Defense and related mitigation
activities under section 1647 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1118);
``(2) the evaluation of cyber vulnerabilities of the critical
infrastructure of the Department of Defense under section 1650 of
the National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 2224 note);
``(3) operational technology and the mapping of mission-
relevant terrain in cyberspace under section 1505 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81;
10 U.S.C. 394 note);
``(4) the assessments of the vulnerabilities to and mission
risks presented by radio-frequency enabled cyber attacks with
respect to the operational technology embedded in weapons systems,
aircraft, ships, ground vehicles, space systems, sensors, and
datalink networks of the Department of Defense under section 1559
of the National Defense Authorization Act for Fiscal Year 2023; and
``(5) the work of the Program in general, including information
relating to staffing and accomplishments.
``(i) Annual Budget Display.--(1) On an annual basis for each
fiscal year, concurrently with the submission of the budget of the
President for that fiscal year under section 1105(a) of title 31,
United States Code, the head of the office of primary responsibility
for the Program, in coordination with the appropriate members of the
Program under subsection (b), shall submit to the congressional defense
committees a consolidated budget justification display that covers all
programs and activities associated with this section and any covered
provision of law, including with respect to the matters listed in
subsection (h).
``(2) Each display under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
``(3) For the purpose of facilitating the annual budget display
requirement under paragraph (1), the Chief Information Officer of the
Department of Defense shall provide to the head of the office of
primary responsibility for the Program and the appropriate members of
the Program under subsection (b) fiscal guidance on the programming of
funds in support of the Program.
``(j) Definitions.--In this section:
``(1) The term `covered armed force' means the Army, Navy, Air
Force, Marine Corps, or Space Force.
``(2) The term `covered statutory requirement' means a
requirement under any covered provision of law.
``(3) The term `covered provision of law' means the following:
``(A) Section 1647 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1118).
``(B) Section 1650 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2224
note).
``(C) Section 1505 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 394
note).
``(D) Section 1559 of the National Defense Authorization
Act for Fiscal Year 2023.''.
(2) Conforming amendments.--
(A) Repeal of duplicate briefing requirement.--Section 1647
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1118) is amended--
(i) by striking subsection (c); and
(ii) by redesignating subsections (d) through (j) as
subsections (c) through (i), respectively.
(B) Repeal of additional duplicate briefing requirement.--
Section 1650 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2224 note) is
amended--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(C) Repeal of duplicate provision relating to strategic
cybersecurity program.--Section 1640 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-9; 10
U.S.C. 2224 note) is repealed.
(D) Repeal of duplicate budget requirement.--Section 1637
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 221 note) is
repealed.
(E) Repeal of duplicate reporting requirement.--Section
1505 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 10 U.S.C. 394 note) is amended--
(i) by striking subsection (h); and
(ii) by redesignating subsections (i) and (j) as
subsections (h) and (i), respectively.
(F) Repeal of additional duplicate briefing requirement;
removal of reference to repealed provision.--Section 1559 of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 is amended--
(i) by striking ``, section 1637 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 221 note),''; and
(ii) by striking subsection (f).
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the head of the office of primary responsibility
for the Strategic Cybersecurity Program under section 391b of title 10,
United States Code, as added by subsection (a), shall submit to the
congressional defense committees a report setting forth the plan of the
head to harmonize and interlink the annual reporting and annual budget
display requirements under subsections (h) and (i) of such section,
respectively, to ensure unity and a lack of duplication in such
efforts.
SEC. 1503. MODIFICATION OF AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CYBER OPERATIONS-PECULIAR CAPABILITY DEVELOPMENT PROJECTS.
Section 1640 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended--
(1) in subsection (a)--
(A) by striking `` and each Secretary of the military
departments concerned'';
(B) by striking ``per use'' and inserting ``per project'';
and
(C) by striking ``through 2025'' and inserting ``through
2028'';
(2) by amending subsection (b) to read as follows:
``(b) Limitation.--Each fiscal year, the Commander of the United
States Cyber Command may obligate and expend under subsection (a) not
more than $16,000,000.'';
(3) in subsection (c)--
(A) by striking ``$500,000'' and inserting ``$1,000,000'';
and
(B) by striking ``the Secretary of Defense, or his
designee, and each Secretary of the military departments
concerned, or their designees,'' and inserting ``the Secretary
of Defense (or a designee)''; and
(4) in subsection (d), by striking ``2025'' and inserting
``2028''.
SEC. 1504. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND AND CONTROL
EFFORT.
Section 1076 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3866) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Quarterly Briefings.--
``(1) In general.--During the period beginning on October 1,
2021, and ending on October 1, 2028, the Deputy Secretary of
Defense, the Vice Chairman of the Joint Chiefs of Staff, the Chief
Digital and Artificial Intelligence Officer of the Department of
Defense, the Chief Information Officer of the Department of
Defense, and a senior military service representative for each of
the Armed Forces shall provide to the congressional defense
committees quarterly briefings on the progress of the Joint All
Domain Command and Control (in this section referred to as `JADC2')
effort of the Department of Defense.
``(2) Annual participation by certain combatant commands.--For
each fiscal year during the period specified in paragraph (1), a
senior representative from each of the United States Indo-Pacific
Command, United States Central Command, and United States European
Command shall participate in the provision of the first quarterly
briefing under such paragraph following the submission of the
budget of the President to Congress under section 1105 of title 31,
United States Code, for that fiscal year.''; and
(2) in subsection (b), by adding at the end the following new
paragraphs:
``(7) A detailed programmatic table of the funding for the
JADC2 efforts of the Office of the Secretary of Defense and the
military departments, as set forth in the budget of the President
most recently submitted to Congress under section 1105 of title 31,
United States Code. The information in such table shall be
organized primarily by key programs, projects, and activities (such
as data integration layer, joint operating system, global
experimentation, and mission command applications).
``(8) A detailed summary of the lessons learned from large-
scale exercises and experiments relevant to the JADC2 effort
conducted during the period covered by the briefing.''.
SEC. 1505. AUTHORITY FOR COUNTERING ILLEGAL TRAFFICKING BY MEXICAN
TRANSNATIONAL CRIMINAL ORGANIZATIONS IN CYBERSPACE.
(a) Authority.--In accordance with sections 124 and 394 of title
10, United States Code, the Secretary of Defense, in support of and in
coordination with the heads of other relevant Federal departments and
agencies and in consultation with the Government of Mexico as
appropriate, may conduct detection, monitoring, and other operations in
cyberspace to counter Mexican transnational criminal organizations that
are engaged in any of the following activities that cross the southern
border of the United States:
(1) Smuggling of illegal drugs, controlled substances, or
precursors thereof.
(2) Human trafficking.
(3) Weapons trafficking.
(4) Other illegal activities.
(b) Certain Entities.--The authority under paragraph (1) may be
used to counter Mexican transnational criminal organizations, including
entities cited in the most recent National Drug Threat Assessment
published by the United States Drug Enforcement Administration, that
are engaged in any of the activities described in such paragraph.
SEC. 1506. DEVELOPMENT OF CYBER SUPPORT MECHANISMS FOR GEOGRAPHIC
COMBATANT COMMANDS.
(a) Development of Mechanisms Required.--Not later than 270 days
after the date of the enactment of this Act, each commander of a
geographic combatant command, in coordination with the Commander of the
United States Cyber Command, shall develop a cyber support mechanism to
support the operations of that geographic combatant command.
(b) Elements.--Each cyber support mechanism developed with respect
to a geographic combatant command under subsection (a) shall include
the following:
(1) Processes to enhance the cyber capabilities of such
combatant command.
(2) Plans to develop and maintain a sufficient cyber planning
capacity in such combatant command.
(3) Processes to integrate cyber capabilities into operational
support for such combatant command.
(4) A prioritization of cyber risks and vulnerabilities within
the geographic area of responsibility of such combatant command.
(5) Specific plans to assist in the defense of friendly foreign
countries.
SEC. 1507. REVIEW AND PLAN RELATING TO CYBER RED TEAMS OF DEPARTMENT OF
DEFENSE.
(a) Review Relating to Prior Joint Assessment.--
(1) Review required.--Not later than 90 days after the date of
the enactment of this Act, the officials described in subsection
(c) shall review, and assess the status of the implementation of,
the recommendations set forth by the Secretary of Defense in
response to the joint assessment requirement under section 1660 of
the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1771).
(2) Elements.--The review under paragraph (1) shall include,
with respect to the recommendations specified in such paragraph--
(A) the timelines associated with each such recommendation,
regardless of whether the recommendation is fully implemented
or yet to be fully implemented; and
(B) a description of any impediments to the implementation
of such recommendations encountered.
(b) Plan Required.--
(1) Plan.--Not later than 180 days after the date of the
enactment of this Act, the officials described in subsection (c)
shall submit to the congressional defense committees a plan,
developed taking into account the findings of the review under
subsection (a), to ensure cyber red teams of the Department of
Defense achieve sufficient capacity and capability to provide
services and meet current and projected future demands on a
Defense-wide basis. Such plan shall include--
(A) a description of the funding necessary for such cyber
red teams to achieve such capacity and capability;
(B) a description of any other resources, personnel,
infrastructure, or authorities for access to information
necessary for such cyber red teams to achieve such capacity and
capability (including with respect to the emulation of threats
from foreign countries with advanced cyber capabilities,
automation, artificial intelligence or machine learning, and
data collection and correlation); and
(C) updated joint service standards and metrics to ensure
the training, staffing, and equipping of such cyber red teams
at levels necessary to achieve such capacity and capability.
(2) Implementation.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall prescribe
such regulations and issue such guidance as the Secretary
determines necessary to implement the plan developed under
subsection (a).
(c) Officials Described.--The officials described in this
subsection are the Principal Cyber Advisor to the Secretary of Defense,
the Chief Information Officer of the Department of Defense, the
Director of Operational Test and Evaluation, and the Commander of the
United States Cyber Command.
(d) Annual Reports.--Not later than January 31, 2025, and not less
frequently than annually thereafter until January 31, 2031, the
Director of Operational Test and Evaluation shall include in each
annual report required under section 139(h) of title 10, United States
Code, an update on progress made with respect to the implementation of
this section, including the following:
(1) The results of test and evaluation events, including any
resource or capability shortfalls limiting the capacity or
capability of cyber red teams of the Department of Defense to meet
operational requirements.
(2) The extent to which operations of such cyber red teams have
expanded across the competition continuum, including during
cooperation and competition phases, to match adversary positioning
and cyber activities.
(3) A summary of identified categories of common gaps and
shortfalls across cyber red teams of the military departments and
Defense Agencies (as such terms are defined in section 101 of title
10, United States Code).
(4) Any identified lessons learned that would affect training
or operational employment decisions relating to the cyber red teams
of the Department of Defense.
Subtitle B--Cybersecurity
SEC. 1511. RESPONSIBILITY FOR CYBERSECURITY AND CRITICAL INFRASTRUCTURE
PROTECTION OF DEFENSE INDUSTRIAL BASE.
Section 1724 of the National Defense Authorization Act for Fiscal
Year 2021 (116-283; 10 U.S.C. 2224 note) is amended--
(1) in subsection (b), by striking ``The Secretary of Defense
shall designate the Principal Cyber Advisor of the Department of
Defense'' and inserting ``Not later than 30 days after the date of
the enactment of the National Defense Authorization Act for Fiscal
Year 2024, the Secretary of Defense shall designate a principal
staff assistant from within the Office of the Secretary of Defense
who shall serve'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``the Principal Cyber Advisor of the Department of Defense''
and inserting ``the principal staff assistant designated under
subsection (b)''; and
(B) in paragraph (1), by striking ``Sector Specific
Agency'' and inserting ``Sector Risk Management Agency'';
(3) in subsection (d), by striking ``Principal Cyber Advisor of
the Department of Defense'' and inserting ``principal staff
assistant designated under subsection (b)''; and
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking
``this Act'' and inserting ``the National Defense Authorization
Act for Fiscal Year 2024'';
(B) in paragraph (2), by striking ``Sector Specific Agency
functions under Presidential Policy Directive-21 from non-
cybersecurity Sector Specific Agency functions'' and inserting
``functions of a Sector Risk Management Agency pursuant to
section 9002 of the National Defense Authorization Act for
Fiscal Year 2021 (6 U.S.C. 652a) from non-cybersecurity
functions of a Sector Risk Management Agency''; and
(C) by striking paragraph (3).
SEC. 1512. CYBERSECURITY ENHANCEMENTS FOR NUCLEAR COMMAND, CONTROL, AND
COMMUNICATIONS NETWORK.
(a) Establishment of Cross-functional Team.--
(1) Establishment.--Not later than 180 days after the date of
the enactment of this Act, and consistent with section 911(c) of
the National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 111 note), the Secretary of Defense shall
establish a cross-functional team to develop and direct the
implementation of a threat-driven cyber defense construct for the
systems and networks that support the nuclear command, control, and
communications (commonly referred to as ``NC3'') mission (in this
section referred to as the ``cross-functional team'').
(2) Composition of cross-functional team.--
(A) In general.--The cross functional team shall be
composed of senior officers selected from among each of the
military departments, the Defense Information Systems Agency,
the National Security Agency, the United States Cyber Command,
the United States Strategic Command, and any other organization
or element of the Department of Defense determined appropriate
by the Secretary.
(B) Leadership.--The Secretary shall designate a senior
officer from those selected under subparagraph (A) to serve as
the leader of the cross-functional team.
(C) Staff.--The Secretary shall ensure the heads of the
organizations and elements specified in subparagraph (A) detail
staff to support the cross-functional team in carrying out the
duties under paragraph (3).
(3) Duties.--The duties of the cross-functional team shall be
to enhance the cyber defense of the systems and networks that
support the nuclear command, control, and communications mission.
(b) Required Construct, Plan of Action, and Milestones.--Not later
than one year after the date of the enactment of this Act, the leader
of the cross-functional team designated pursuant to subsection
(a)(2)(B) shall develop a threat-driven cyber defense construct, and
associated plans and milestones, to enhance the security of the systems
and networks that support the nuclear command, control, and
communications mission. Such construct shall be based on--
(1) the application of the principles of the approach to
cybersecurity commonly referred to as ``zero trust architecture'';
(2) an analysis of appropriately comprehensive endpoint and
network telemetry data; and
(3) control capabilities enabling rapid investigation and
remediation of indicators of compromise and threats to mission
execution.
(c) Annual Briefings.--During the 60-day period beginning on the
date that is 30 days before the date on which the President submits to
Congress the budget of the President pursuant to section 1105(a) of
title 31, United States Code, for each of fiscal years 2025 through
2028, the Secretary shall provide to the appropriate congressional
committees a briefing on the implementation of this section.
(d) Termination.--
(1) In general.--Except as provided in paragraph (2), the
cross-functional team under this section shall terminate on October
31, 2028.
(2) Extension authority.--The Secretary of Defense may extend
the date of termination under paragraph (1) as the Secretary
determines appropriate.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 1513. PILOT PROGRAM RELATING TO SEMICONDUCTOR SUPPLY CHAIN AND
CYBERSECURITY COLLABORATION CENTER.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Director of the National Security Agency, shall commence the
conduct of a pilot program under which the Cybersecurity Collaboration
Center of the National Security Agency may collaborate with, including
by entering into contracts or other agreements with, eligible persons
under subsection (c), for the purpose of assessing the feasibility and
advisability of improving the cybersecurity of the semiconductor supply
chain (in this section referred to as the ``pilot program'').
(b) Program Objectives.--Under the pilot program, the Secretary of
Defense shall seek to improve the cybersecurity of the supply chain for
the design, manufacturing, assembly, packaging, and testing of
semiconductors, including through the following:
(1) Improving the cybersecurity of processes for such design,
manufacturing, assembly, packaging, and testing.
(2) Protecting against cyber-driven intellectual property theft
with respect to such design, manufacturing, assembly, packaging,
and testing.
(3) Reducing the risk of disruptions caused by cyberattacks to
the supply chain for such design, manufacturing, assembly,
packaging, and testing.
(c) Eligibility.--A person is eligible to participate in the pilot
program if such person--
(1) directly supports the design, manufacturing, assembly,
packaging, or testing of semiconductors within the United States;
and
(2) provides semiconductor components for the Department of
Defense, any national security system (as such term is defined in
section 3552(b) of title 44, United States Code), or the defense
industrial base.
(d) Briefings.--
(1) Initial briefing.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the appropriate congressional committees an initial
briefing on the pilot program.
(B) Elements.--The briefing under subparagraph (A) shall
include the following:
(i) A description of the status of the implementation
of the pilot program.
(ii) An identification of key priorities for the pilot
program.
(iii) An identification of any challenges to
implementing the pilot program or impediments to
participation in the pilot program by eligible persons
under subsection (c).
(2) Annual briefings.--
(A) In general.--Not later than one year after the date of
the initial briefing under paragraph (1), and annually
thereafter until the date of termination under subsection (f),
the Secretary of Defense shall provide to the appropriate
congressional committees a briefing on the progress of the
pilot program.
(B) Elements.--Each briefing under subparagraph (A) shall
include the following:
(i) Recommendations for addressing relevant policy,
budgetary, security, and legislative gaps to increase the
effectiveness of the pilot program, including, with respect
to the first briefing under such subparagraph, an
assessment of the resources necessary for successful
implementation of the pilot program.
(ii) Recommendations for increasing participation in
the pilot program by eligible persons under subsection (c).
(iii) A description of any challenges encountered in
carrying out the pilot program, including any concerns
expressed by manufacturers of semiconductors or suppliers
of semiconductor components.
(iv) The findings of the Secretary, in consultation
with the Director of the National Security Agency, with
respect to the feasibility and advisability of extending or
expanding the pilot program.
(v) Such other matters as the Secretary considers
appropriate.
(e) Termination.--The pilot program shall terminate on the date
that is four years after the date of the enactment of this Act.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives; and
(2) the Committee on Armed Services and the Select Committee on
Intelligence of the Senate.
SEC. 1514. TRANSFER OF DATA AND TECHNOLOGY DEVELOPED UNDER MOSAICS
PROGRAM.
(a) Transfers Authorized.--The Secretary of Defense may transfer to
eligible private sector entities data and technology developed under
the MOSAICS program to enhance cyber threat detection and protection of
critical industrial control system assets used for electricity
distribution.
(b) Agreements.--In carrying out subsection (a), the Secretary of
Defense may--
(1) enter into cooperative research and development agreements
under section 4026 of title 10, United States Code; and
(2) use such other mechanisms for the transfer of technology
and data as are authorized by law.
(c) Notification.--Not later than 15 days after any date on which
the Secretary determines to transfer data or technology to an eligible
private sector entity under subsection (a), the Secretary shall submit
to the congressional defense committees a written notification of such
determination. Such notification shall include the following:
(1) An identification of the data or technology to be
transferred.
(2) An identification of the eligible private sector entity,
including an identification of the specific individual employed by
or otherwise associated with such entity responsible for the
security and integrity of the data or technology to be received.
(3) A detailed description of any special security handling
instructions required pursuant to an agreement entered into between
the Secretary and the eligible private sector entity for such
transfer.
(4) Timelines associated with such transfer.
(c) Definitions.--In this section:
(1) The term ``eligible private sector entity'' means a private
sector entity that--
(A) has functions relevant to the civil electricity sector;
and
(B) is determined by the Secretary of Defense to be
eligible to receive data and technology transferred under
subsection (a).
(2) The term ``MOSAICS program'' means the program of the
Department of Defense known as the ``More Situational Awareness for
Industrial Control Systems Joint Capabilities Technology
Demonstration program'', or successor program.
SEC. 1515. MODERNIZATION PROGRAM FOR NETWORK BOUNDARY AND CROSS-DOMAIN
DEFENSE.
(a) Modernization Program Required.--The Secretary of Defense shall
carry out a modernization program for network boundary and cross-domain
defense against cyber attacks. In carrying out such modernization
program, the Secretary shall expand upon the fiscal year 2023 pilot
program on modernized network boundary defense capabilities and the
initial deployment of such capabilities to the primary Internet access
points of the Department of Defense managed by the Director of the
Defense Information Systems Agency.
(b) Program Phases.--
(1) In general.--The Secretary of Defense shall implement the
modernization program under subsection (a) in phases, with the
objective of completing such program by October 1, 2028.
(2) Objectives.--The phases required by paragraph (1) shall
include the following objectives:
(A) By September 30, 2026, completion of--
(i) the pilot program specified in subsection (a) and
the deployment of modernized network boundary defense
capabilities to the Internet access points managed by the
Director of the Defense Information Systems Agency; and
(ii) the extension of modernized network boundary
defense capabilities to all additional Internet access
points of the information network of the Department of
Defense.
(B) By September 30, 2027, the conduct of a survey,
completion of a pilot program, and deployment of modernized
network boundary defense capabilities to the access points and
cross-domain capabilities of the Secret Internet Protocol
Router Network.
(C) By September 30, 2028, the conduct of a survey,
completion of a pilot program, and deployment of modernized
network boundary defense capabilities to any remaining
classified network or enclave of the information network of the
Department.
(c) Implementation Plan.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan for the implementation of the
modernization program under subsection (a). Such plan shall include--
(1) a summary of findings from the pilot program specified in
subsection (a); and
(2) an identification of the resources necessary for such
implementation, including for implementing the phase of the
modernization program specified in subsection (b)(2)(C).
SEC. 1516. ESTABLISHMENT OF CERTAIN IDENTITY, CREDENTIAL, AND ACCESS
MANAGEMENT ACTIVITIES AS PROGRAM OF RECORD.
(a) Establishment of Program of Record.--
(1) Program of record.--Except as provided in subsection (b),
not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall establish a program of record,
governed by standard Department of Defense requirements and
practices, and transition all covered activities to such program of
record.
(2) Objectives.--The program of record under subsection (a)
shall include, at a minimum, covered activities undertaken to
achieve the following objectives:
(A) Correcting weaknesses in authentication and
credentialing security, including with respect to the program
of the Department of Defense known as the ``Public Key
Infrastructure'' program (or any successor program), identified
by the Director of Operational Test and Evaluation in a report
submitted to Congress in April, 2023, titled ``FY14-21
Observations of the Compromise of Cyber Credentials''.
(B) Implementing improved authentication technologies, such
as biometric and behavioral authentication techniques and other
non-password-based solutions.
(3) Briefing.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the congressional defense committees a briefing on the covered
activities to be included under the program of record under
subsection (a).
(b) Waiver Authority.--
(1) Authority.--The Secretary of Defense may waive the
requirement under subsection (a) if the Secretary of Defense
determines that the objectives listed in paragraph (2) of such
subsection would be better achieved, and the level of rigor of the
operational testing and oversight requirements applicable to such
objectives would be improved, through a management approach other
than the establishment of a program of record and transition of
covered activities to such program of record.
(2) Justification.--Not later than 14 days after issuing a
waiver under paragraph (1), the Secretary of Defense shall submit
to the congressional defense committees a detailed justification
for the waiver, including--
(A) an explanation of why the establishment of a program of
record is not the preferred approach to achieve the objectives
listed in subsection (a)(2);
(B) details relating to the management approach proposed to
be implemented in lieu of the establishment of a program of
record;
(C) an implementation plan for such proposed alternative
approach; and
(D) such other information as the Secretary of Defense
determines appropriate.
(c) Designation of Data Attributes.--Not later than 120 days after
the date of the enactment of this Act, the Chief Information Officer of
the Department of Defense, in coordination with the Secretaries of the
military departments, shall complete the designation of Tier 1 level
data attributes to be used as a baseline set of standardized attributes
for identity, credential, and access management, Defense-wide.
(d) Briefing.--Upon completing the requirement under subsection
(c), the Chief Information Officer of the Department of Defense and the
Secretaries of the military departments shall provide to the Committees
on Armed Services of the House of Representatives and the Senate a
briefing on the activities carried out under this section.
(e) Definitions.--In this section:
(1) The term ``covered activity'' means any activity of the
Office of the Secretary of Defense or a Defense Agency relating to
the identity, credential, and access management initiative of the
Department of Defense.
(2) The term ``Defense Agency'' has the meaning given that term
in section 101 of title 10, United States Code.
SEC. 1517. PILOT PROGRAM ON ASSURING CRITICAL INFRASTRUCTURE SUPPORT
FOR MILITARY CONTINGENCIES.
(a) Establishment of Pilot Program.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense shall
establish a pilot program to be known as the ``Assuring Critical
Infrastructure Support for Military Contingencies Pilot Program''.
(b) Selection of Installations.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Assistant Secretary of Defense for Homeland Defense and Hemispheric
Affairs, shall select not fewer than four geographically diverse
military installations at which to carry out the pilot program
under subsection (a).
(2) Prioritization.--
(A) In general.--In selecting military installations under
paragraph (1), the Secretary of Defense shall give priority to
any military installation that the Secretary determines is a
key component of not fewer than two contingency plans or
operational plans, with further priority given to such plans in
the area of responsibility of the United States Indo-Pacific
Command or the United States European Command.
(B) Selection between equal priorities.--If two or more
military installations qualify for equal priority under
subparagraph (A), the Secretary of Defense shall give further
priority for selection under such paragraph to any such
military installation that the Secretary of Defense determines
is--
(i) connected to national-level infrastructure;
(ii) located near a commercial port; or
(iii) located near a national financial hub.
(c) Activities.--In carrying out the pilot program under subsection
(a), the Secretary of Defense, acting through the Assistant Secretary
of Defense for Homeland Defense and Hemispheric Affairs, shall--
(1) without duplicating or disrupting existing cyber exercise
activities under the National Cyber Exercise Program under section
2220B of the Homeland Security Act of 2002 (6 U.S.C. 665h), conduct
cyber resiliency and reconstitution stress test scenarios through
tabletop exercises and, if possible, live exercises--
(A) to assess how to prioritize restoration of power,
water, and telecommunications for a military installation in
the event of a significant cyberattack on regional critical
infrastructure that has similar impacts on State and local
infrastructure; and
(B) to determine the recovery process needed to ensure the
military installation has the capability to function and
support an overseas contingency operation or a homeland defense
mission, as appropriate;
(2) map dependencies on power, water, and telecommunications at
the military installation and the connections to distribution and
generation outside the military installation;
(3) recommend priorities for the order of recovery for the
military installation in the event of a significant cyberattack,
considering both the requirements needed for operations of the
military installation and the potential participation of personnel
at the military installation in an overseas contingency operation
or a homeland defense mission; and
(4) develop a lessons-learned database from the exercises
conducted under paragraph (1) across all military installations
participating in the pilot program, to be shared with the
Committees on Armed Services of the House of Representatives and
the Senate.
(d) Coordination With Related Programs.--The Secretary of Defense,
acting through the Assistant Secretary of Defense for Homeland Defense
and Hemispheric Affairs, shall ensure that activities under subsection
(c) are coordinated with--
(1) private entities that operate power, water, and
telecommunications for a military installation participating in the
pilot program under subsection (a);
(2) relevant military and civilian personnel; and
(3) any other entity that the Assistant Secretary of Defense
for Homeland Defense and Hemispheric Affairs determines is relevant
to the execution of activities under subsection (c).
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Assistant to the President for Homeland Security, the National Cyber
Director, the head of any other relevant Sector Risk Management Agency,
the Committees on Armed Services of the House of Representatives and
the Senate, and, if the Secretary of Defense determines it appropriate,
relevant private sector owners and operators of critical infrastructure
a report on the activities carried out under pilot program under
subsection (a), including a description of any operational challenges
identified.
(f) Definitions.--In this section:
(1) The term ``critical infrastructure'' has the meaning given
that term in the Critical Infrastructures Protection Act of 2001
(42 U.S.C. 5195c).
(2) The term ``Sector Risk Management Agency'' has the meaning
given that term in section 2200 of the Homeland Security Act of
2002 (6 U.S.C. 650).
SEC. 1518. MILITARY CYBERSECURITY COOPERATION WITH TAIWAN.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Policy, with the concurrence of the
Secretary of State and in coordination with the Commander of the United
States Cyber Command and the Commander of the United States Indo-
Pacific Command, shall seek to engage with appropriate officials of
Taiwan for the purpose of cooperating with the military forces of
Taiwan on defensive military cybersecurity activities.
(b) Identification of Activities.--In cooperating on defensive
military cybersecurity activities with the military forces of Taiwan
under subsection (a), the Secretary of Defense may carry out efforts to
identify cooperative activities to--
(1) defend military networks, infrastructure, and systems;
(2) counter malicious cyber activity that has compromised such
military networks, infrastructure, and systems;
(3) leverage United States commercial and military
cybersecurity technology and services to harden and defend such
military networks, infrastructure, and systems; and
(4) conduct combined cybersecurity training activities and
exercises.
(c) Briefings.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Secretary of State, shall provide to the appropriate
congressional committees a briefing on the implementation of this
section.
(2) Contents.--The briefing under paragraph (1) shall include
the following:
(A) A description of the feasibility and advisability of
cooperating with the Ministry of Defense of Taiwan on the
defensive military cybersecurity activities identified pursuant
to subsection (b).
(B) An identification of any challenges and resources that
would be needed to addressed to conduct such cooperative
activities.
(C) An overview of efforts undertaken pursuant to this
section.
(D) Any other matters the Secretary determines relevant.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1519. GUIDANCE REGARDING SECURING LABORATORIES OF THE ARMED
FORCES.
(a) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Chief Information Officer of the Department of Defense, the Chief
Digital and Artificial Intelligence Officer of the Department, the
Under Secretary of Defense for Research and Engineering, and the Under
Secretary of Defense for Intelligence and Security, shall issue
Department-wide guidance regarding methods and processes to secure
laboratories of the Armed Forces from--
(1) unauthorized access and intrusion;
(2) damage to, and destruction, manipulation, or theft of,
physical and digital laboratory assets;
(3) accidental or intentional release or disclosure of
sensitive information; and
(4) cyber sabotage.
(b) Methods and Processes.--At a minimum, the guidance under
subsection (a) shall include, with respect to laboratories of the Armed
Forces, methods and processes to--
(1) secure laboratory operations through zero trust principles;
(2) control the access of devices to laboratory information
networks;
(3) secure inventory management processes of such laboratories;
(4) control or limit access to such laboratories to authorized
individuals;
(5) maintain the security and integrity of data libraries,
repositories, and other digital assets of such laboratories;
(6) report and remediate cyber incidents or other unauthorized
intrusions affecting such laboratories;
(7) train and educate personnel of the Department on laboratory
security;
(8) develop an operations security plan to secure laboratory
operations that may be used by applicable units of the Armed Forces
to implement countermeasures appropriate with respect to the
mission, assessed risk, and resources available to the unit
(including guidelines for implementation of routine procedures and
measures to be employed during daily operations or activities of
the unit); and
(9) develop and train applicable units of the Armed Forces on
individualized secure laboratory critical information and indicator
lists to aid in protecting critical information regarding any
activity, intention, capability, or limitation of the Department
over which an adversary seeks to gain a military, political,
diplomatic, economic, or technological advantage.
Subtitle C--Information Technology and Data Management
SEC. 1521. CONTROL AND MANAGEMENT OF DEPARTMENT OF DEFENSE DATA;
ESTABLISHMENT OF CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER
GOVERNING COUNCIL.
(a) Control and Management of Department of Defense Data.--The
Chief Digital and Artificial Intelligence Officer of the Department of
Defense may access and control, on behalf of the Secretary of Defense,
any data collected, acquired, accessed, or used by a component (as such
term is defined in section 1513 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C.
4001 note)), consistent with such section.
(b) Chief Digital and Artificial Intelligence Officer Governing
Council.--Section 238(d)(3) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061) is amended to read as follows:
``(3) Chief digital and artificial intelligence officer
governing council.--
``(A) Establishment.--The Secretary shall establish a
council to provide policy oversight to ensure the responsible,
coordinated, and ethical employment of data and artificial
intelligence capabilities across Department of Defense missions
and operations. Such council shall be known as the `Chief
Digital and Artificial Intelligence Officer Governing Council'
(in this paragraph referred to as the `Council').
``(B) Membership.--The Council shall be composed of the
following:
``(i) Joint Staff J-6.
``(ii) The Under Secretary of Defense for Acquisition
and Sustainment.
``(iii) The Under Secretary of Defense for Research and
Evaluation.
``(iv) The Under Secretary of Defense for Intelligence
and Security.
``(v) The Under Secretary of Defense for Policy.
``(vi) The Director of Cost Analysis and Program
Evaluation.
``(vii) The Chief Information Officer of the
Department.
``(viii) The Director of Administration and Management.
``(ix) The service acquisition executives of each of
the military departments.
``(C) Head of council.--The Council shall be headed by the
Chief Digital and Artificial Intelligence Officer of the
Department.
``(D) Meetings.--The Council shall meet not less frequently
than twice each fiscal year.
``(E) Duties of council.--The duties of the Council are as
follows:
``(i) To streamline the organizational structure of the
Department as such structure relates to the development,
implementation, and oversight of artificial intelligence.
``(ii) To improve coordination on artificial
intelligence governance with the defense industry sector.
``(iii) To issue and oversee guidance on ethical
requirements and protections for the use of artificial
intelligence supported by Department funding and the
reduction or mitigation of instances of unintended bias in
artificial intelligence algorithms.
``(iv) To identify, monitor, and periodically update
appropriate recommendations for the operational use of
artificial intelligence.
``(v) To review, to the extent the head of the Council
considers necessary, artificial intelligence program
funding, to ensure that any investment by the Department in
an artificial intelligence tool, system, or algorithm
adheres to each applicable policy of the Department
relating to artificial intelligence.
``(vi) To provide periodic status updates on the
efforts of the Department to develop and implement
artificial intelligence into existing Department programs
and processes.
``(vii) To issue guidance on access and distribution
restrictions relating to data, models, tool sets, or
testing or validation infrastructure.
``(viii) To implement and oversee an educational
program on data and artificial intelligence, for the
purpose of familiarizing personnel Department-wide on the
applications of artificial intelligence within the
respective operations of such personnel.
``(ix) To implement and oversee a scorecard to assess
data decrees of the Department.
``(x) Such other duties as the Council determines
appropriate.
``(F) Periodic reports.--Not later than 180 days after the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2024, and not less frequently than once every
18 months thereafter, the Council shall submit to the Secretary
and the congressional defense committees a report on the
activities of the Council during the period covered by the
report.''.
SEC. 1522. MODIFICATION TO DEPARTMENT OF DEFENSE ENTERPRISE-WIDE
PROCUREMENT OF CYBER DATA PRODUCTS AND SERVICES.
Section 1521(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2224 note) is amended--
(1) by redesignating paragraph (6) as paragraph (7);
(2) in paragraph (7), as so redesignated, by striking ``(1)
through (5)'' and inserting ``(1) through (6)''; and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) Evaluating emerging cyber technologies, such as
artificial intelligence-enabled security tools, for efficacy and
applicability to the requirements of the Department of Defense.''.
SEC. 1523. MANAGEMENT OF DATA ASSETS BY CHIEF DIGITAL AND ARTIFICIAL
INTELLIGENCE OFFICER.
(a) In General.--The Secretary of Defense, subject to existing
authorities and limitations and acting through the Chief Digital and
Artificial Intelligence Officer of the Department of Defense, shall
provide the digital infrastructure and procurement vehicles necessary
to manage data assets and data analytics capabilities at scale to
enable an understanding of foreign key terrain and relational
frameworks in cyberspace to support the planning of cyber operations,
the generation of indications and warnings regarding military
operations and capabilities, and the calibration of actions and
reactions in strategic competition.
(b) Responsibilities of Chief Digital and Artificial Intelligence
Officer.--The Chief Digital and Artificial Intelligence Officer shall--
(1) develop a baseline of data assets exclusive to foreign key
terrain and relational frameworks in cyberspace maintained by the
intelligence agencies of the Department of Defense, the military
departments, the combatant commands, and any other components of
the Department of Defense;
(2) develop and oversee the implementation of plans to enhance
such data assets that the Chief Digital and Artificial Intelligence
Officer determines are essential to support the purposes set forth
in subsection (a); and
(3) ensure that such activities and plans are undertaken in
cooperation and in coordination with the Assistant to the Secretary
of Defense for Privacy, Civil Liberties, and Transparency, to
ensure that any data collection, procurement, acquisition, use, or
retention measure conducted pursuant to this section is in
compliance with applicable laws and regulations, including
standards pertaining to data related to United States persons or
any persons in the United States.
(c) Other Matters.--The Chief Digital and Artificial Intelligence
Officer shall--
(1) designate or establish one or more Department of Defense
executive agents for enhancing data assets and the acquisition of
data analytic tools for users;
(2) ensure that data assets referred to in subsection (b) that
are in the possession of a component of the Department of Defense
are accessible for the purposes described in subsection (a); and
(3) ensure that advanced analytics, including artificial
intelligence technology, are developed and applied to the analysis
of the data assets referred to in subsection (b) in support of the
purposes described in subsection (a).
(d) Semiannual Briefings.--Not later than 120 days after the date
of the enactment of this Act, and not less frequently than semiannually
thereafter, the Chief Digital and Artificial Intelligence Officer shall
provide to the appropriate congressional committees a briefing on the
implementation of this section.
(e) Rule of Construction.--Nothing in this section shall be
construed to authorize the Department of Defense to collect, procure,
or otherwise acquire data, including commercially available data, in
any manner that is not authorized by law, or to make use of data assets
in any manner, or for any purpose, that is not otherwise authorized by
law.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Permanent Select Committee on Intelligence of the House
of Representatives; and
(3) the Select Committee on Intelligence of the Senate.
SEC. 1524. COURSE OF EDUCATION AND PILOT PROGRAM ON AUTHENTICATION OF
DIGITAL CONTENT PROVENANCE FOR CERTAIN DEPARTMENT OF DEFENSE MEDIA
CONTENT.
(a) Course of Education.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Director of the Defense Media Activity, shall establish a course of
education at the Defense Information School, the purpose of which
shall be to provide instruction on the practical concepts and
skills needed by public affairs, audiovisual, visual information,
and records management specialists to understand the following:
(A) Digital content provenance for applicable Department
media content.
(B) The challenges posed to missions and operations of the
Department by a digital content forgery.
(C) How industry open technical standards may be used to
authenticate the digital content provenance of applicable
Department media content.
(2) Matters.--The course of education under paragraph (1) shall
cover the following matters:
(A) The challenges to missions and operations of the
Department posed by a digital content forgery.
(B) The development of industry open technical standards
for authenticating the digital content provenance of applicable
Department media content.
(C) Hands-on training on techniques to record secure and
authenticated digital content to document and communicate
relevant themes and messages of the Department.
(D) Training on--
(i) the use of industry open technical standards for
authenticating digital content provenance in the completion
of post-production tasks; and
(ii) the transmission of applicable Department media
content in both operational and nonoperational
environments.
(E) Such other matters as the Director of the Defense Media
Activity considers appropriate.
(3) Report.--Not later than one year after the date of the
establishment of the course of education under paragraph (1), the
Director of the Defense Media Activity shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report on the following:
(A) The status of the development of a curriculum for such
course of education.
(B) The implementation plan of the Director for such course
of education, including the following:
(i) The expertise and qualifications of the personnel
of the Department responsible for teaching such course of
education.
(ii) The list of sources consulted or otherwise used to
develop the curriculum for such course of education.
(iii) A description of the industry open technical
standards referred to in paragraph (1)(C).
(iv) The status of the implementation of such course of
education.
(C) The resources available to the Director to carry out
this subsection and whether the Director requires any
additional resources to carry out this subsection.
(b) Pilot Program on Implementing Digital Content Provenance
Standards.--
(1) Pilot program.--Not later than one year after the date of
the enactment of this Act, the Director of the Defense Media
Activity shall carry out a pilot program to assess the feasibility
and advisability of implementing industry open technical standards
for digital content provenance for official photographs and videos
of the Department of Defense publicly released by the Defense
Visual Information Distribution Service, or any successor
operation, and other distribution platforms, systems, and services
used by the Department of Defense (in this subsection referred to
as the ``pilot program'').
(2) Elements.--In carrying out the pilot program, the Director
of the Defense Media Activity shall--
(A) establish a process for using industry open technical
standards to verify the digital content provenance of
applicable Department media content;
(B) apply technology solutions that comport with industry
open technical standard for digital content provenance to
photographs and videos of the Department publicly released as
described in paragraph (1) after the date of the enactment of
this Act;
(C) assess the feasibility and advisability of applying an
industry open technical standard for digital content provenance
to historical visual information records of the Department
stored at the Defense Visual Information Records Center; and
(D) develop and apply measure of effectiveness for the
implementation of the pilot program.
(3) Consultation.--In carrying out the pilot program, the
Director of the Defense Media Activity may consult with federally
funded research and development centers, entities within private
industry, institutions of higher education, and such other entities
as the Director considers appropriate.
(4) Termination.--The pilot program shall terminate on January
1, 2027.
(5) Report.--
(A) In general.--Not later than January 1, 2026, the
Director of the Defense Media Activity shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on the pilot program.
(B) Elements.--The report under subparagraph (A) shall
include the following:
(i) The findings of the Director with respect to the
pilot program.
(ii) The name of each entity the Director consulted
with pursuant to paragraph (3) in carrying out the pilot
program.
(iii) An assessment by the Director of the
effectiveness of the pilot program.
(iv) A recommendation by the Director as to whether the
pilot program should be made permanent.
(c) Definitions.--In this section:
(1) The term ``applicable Department media content'' means any
media holding generated, stored, or controlled by the Defense Media
Activity.
(2) The term ``digital content forgery'' means the use of
emerging technologies, including artificial intelligence and
machine learning techniques, to fabricate or manipulate audio,
visual, or text content with the intent to mislead.
(3) The term ``digital content provenance'' means the
verifiable chronology of the origin and history of an image, video,
audio recording, electronic document, or other form of digital
content.
SEC. 1525. PRIZE COMPETITIONS FOR BUSINESS SYSTEMS MODERNIZATION.
(a) Establishment.--Not later than 270 days after the date of the
enactment of this Act, under the authority of section 4025 of title 10,
United States Code, the Secretary of Defense shall establish one or
more prize competitions to support the business systems modernization
goals of the Department of Defense.
(b) Scope.--
(1) In general.--The Secretary of Defense shall structure any
prize competition established under subsection (a) to complement,
and to the extent practicable, accelerate the delivery or expand
the functionality of business systems capabilities sought by the
Secretaries of the military departments that are in operation, in
development, or belong to any broad class of systems covered by the
defense business enterprise architecture specified in section
2222(e) of title 10, United States Code.
(2) Areas for consideration.--In carrying out subsection (a),
the Secretary of Defense and the Secretaries of the military
departments shall consider the following:
(A) Integration of artificial intelligence or machine
learning capabilities.
(B) Data analytics, business intelligence, or related
visualization capabilities.
(C) Automated updating of business architectures, business
systems integration, or documentation relating to existing
systems or manuals.
(D) Improvements to interfaces or processes for interacting
with other non-Department of Defense business systems.
(E) Updates or replacements for legacy defense business
systems to improve operational effectiveness and efficiency,
such as the system of the Defense Logistics Agency known as the
``Mechanization of Contract Administration Services'' system,
or any successor system.
(F) Contract writing systems, or expanded capabilities
relating to such systems, that may be integrated into existing
systems of the Department of Defense.
(G) Pay and personnel systems, or expanded capabilities
relating to such systems, that may be integrated into existing
systems of the Department of Defense.
(H) Other finance and accounting systems, or expanded
capabilities relating to such systems, that may be integrated
into existing systems of the Department of Defense.
(I) Systems supporting the defense industrial base and
related supply chain visibility, analytics, and management.
(c) Framework.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the framework to be used
in carrying out the prize competition under subsection (a).
(d) Annual Briefings.--Not later than October 1 of each year until
the date of termination under subsection (e), the Secretary of Defense
shall provide to the congressional defense committees a briefing on the
results of the prize competition under subsection (a).
(e) Termination.--The authority to carry out the prize competition
under subsection (a) shall terminate on September 30, 2028.
SEC. 1526. REQUIREMENTS FOR DEPLOYMENT OF FIFTH GENERATION INFORMATION
AND COMMUNICATIONS CAPABILITIES TO MILITARY INSTALLATIONS AND OTHER
DEPARTMENT FACILITIES.
(a) Requirements.--
(1) Strategy for private wireless networks.--Not later than 120
days after the date of the enactment of this Act, the Secretary of
Defense shall develop and implement a strategy for deploying to
military installations and other facilities of the Department of
Defense private wireless networks that are--
(A) based on fifth generation information and
communications capabilities and Open Radio Access Network
architecture; and
(B) tailored to the mission, security, and performance
requirements of the respective military installation or other
facility.
(2) Process for public wireless network service providers.--
(A) Establishment.--The Secretary shall establish a
Department-wide process under which a public wireless network
service provider of fifth generation information and
communications capabilities may gain access to a military
installation or other facility of the Department to provide
commercial subscriber services to military and civilian
personnel of the Department (including contractor personnel)
located at, and organizational elements of the Department
maintained at, such installation or facility.
(B) Design requirements.--In establishing the process under
subparagraph (A), the Secretary shall ensure relevant system
architectures and supporting infrastructure are designed to
support modular upgrades to future generation technologies.
(3) Determination relating to contract authority.--The
Secretary shall determine, on a contract-by-contract basis or as a
determination with uniform applicability to contracts across
military installations and other facilities of the Department,
whether to enter into a contract for--
(A) neutral hosting, under which infrastructure and
services would be provided to companies deploying private
wireless networks and public wireless network services to such
installation or other facility through multi-operator core
network architectures; or
(B) separate private wireless network and public wireless
network infrastructure at such installation or other facility
(which shall include a determination by the Secretary on how to
establish roaming agreements and policies between such
networks).
(4) Briefing.--Not later than 150 days after the date of the
enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on the strategy
developed under paragraph (1) and any other activity carried out
pursuant to this subsection.
(b) International Cooperation Activities.--The Secretary, using
existing authorities available to the Secretary, may engage in
cooperation activities with foreign allies and partners of the United
States to--
(1) improve the implementation of the strategy under subsection
(a)(1); and
(2) inform the deployment of private wireless networks to
military installations and other facilities of the Department
pursuant to such strategy.
(c) Open Radio Access Network Architecture Defined.--In this
section, the term ``Open Radio Access Network architecture'' means a
network architecture that is modular, uses open interfaces, and
virtualizes functionality on commodity hardware through software.
SEC. 1527. REQUIRED POLICIES TO ESTABLISH DATALINK STRATEGY OF
DEPARTMENT OF DEFENSE.
(a) Policies Required.--
(1) In general.--The Secretary of Defense shall develop and
implement policies to establish a unified datalink strategy of the
Department of Defense (in this section referred to as the
``strategy'').
(2) Elements.--The policies under paragraph (1) shall provide
for, at a minimum, the following:
(A) The designation of an organization to serve as the lead
coordinator of datalink activities throughout the Department of
Defense.
(B) The prioritization and coordination across the military
departments with respect to the strategy within the
requirements generation process of the Department.
(C) The use throughout the Department of a common
standardized datalink network or transport protocol that
ensures interoperability between independently developed
datalinks, regardless of physical medium used, and ensures mesh
routing. In developing such policy, the Secretary of Defense
shall consider the use of a subset of Internet Protocol.
(D) A programmatic decoupling of the physical method used
to transmit data, the network or transport protocols used in
the transmission and reception of data, and the applications
used to process and use data.
(E) Coordination of the strategy with respect to weapon
systems executing the same mission types across the military
departments, including through the use of a common set of
datalink waveforms. In developing such policy, the Secretary
shall evaluate the use of redundant datalinks for line-of-sight
and beyond-line-of-sight information exchange for each weapon
systems platform.
(F) Coordination between the Department and the
intelligence community (as such term is defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)) to leverage
any efficiencies and overlap with existing datalink waveforms
of the intelligence community.
(G) Methods to support the rapid integration of common
datalinks across the military departments.
(H) Support for modularity of specific datalink waveforms
to enable rapid integration of future datalinks, including the
use of software defined radios compliant with modular open
system architecture and sensor open system architecture.
(b) Information to Congress.--Not later than June 1, 2024, the
Secretary of Defense shall--
(1) provide to the appropriate congressional committees a
briefing on the proposed policies under subsection (a)(1),
including timelines for the implementation of such policies; and
(2) submit to the appropriate congressional committees--
(A) an estimated timeline for the implementations of
datalinks;
(B) a list of any additional resources and authorities
necessary to implement the strategy; and
(C) a determination of whether a common set of datalinks
can and should be implemented across all major weapon systems
(as such term is defined in section 3455 of title 10, United
States Code) of the Department of Defense.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the
congressional defense committees and the congressional intelligence
committees, as such term is defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
Subtitle D--Personnel
SEC. 1531. OFFICE FOR ACADEMIC ENGAGEMENT RELATING TO CYBER ACTIVITIES.
(a) Establishment.--Chapter 111 of title 10, United States Code, is
amended by inserting after section 2192b the following new section:
``Sec. 2192c. Office for academic engagement relating to cyber
activities
``(a) Establishment.--The Secretary of Defense, acting through the
Chief Information Officer of the Department of Defense, shall establish
an office to establish, maintain, and oversee the activities of the
Department of Defense that pertain to the relationship between the
Department and academia, including with entities involved in primary,
secondary, or postsecondary education, with respect to cyber-related
matters (in this section referred to as the `Office').
``(b) Director.--The Office shall have a Director who shall report
directly to the Chief Information Officer of the Department of Defense.
An individual serving as Director, while so serving, shall be a member
of the Senior Executive Service.
``(c) Responsibilities.--(1) The Office shall be responsible for
the following:
``(A) Serving as the consolidated focal point for engagements
carried out between the Department of Defense and academia with
respect to cyber-related matters.
``(B) Coordinating covered academic engagement programs for the
Department of Defense.
``(C) Conducting ongoing analysis, as determined necessary by
the Director, of the performance of cyber-related educational
scholarships, camps, support efforts, and volunteer partnerships of
the Department of Defense.
``(D) Identifying actions the Secretary of Defense may take to
improve the cyber skills of personnel within the Department of
Defense through participation by such personnel in covered academic
engagement programs, for the purposes of assisting the Secretary in
cyber-related matters and meeting the long-term national defense
needs of the United States for personnel proficient in such skills.
``(E) Managing funds and resources for the National Centers for
Academic Excellence in Cybersecurity program, the Department of
Defense Cyber Scholarship Program, the National Defense University
College of Information and Cyberspace, the University Consortium
for Cybersecurity, the senior military colleges, and other
educational partnerships between academic institutions and active
components of the Armed Forces.
``(F) Establishing requirements, policies, and procedures to
collect data on, and to monitor and evaluate, the performance of
covered academic engagement programs with respect to the
involvement in such programs by the Department of Defense.
``(G) Monitoring and evaluating through applicable performance
measurements (including those established pursuant to subparagraph
(F)) the performance of covered academic engagement programs with
respect to the involvement in such programs by the Department of
Defense, and advising the Secretary of Defense on whether to
continue, modify, or terminate such involvement.
``(H) Conducting budgetary oversight and supervision, taking
into consideration the findings of performance evaluations under
subparagraph (G), with respect to--
``(i) the involvement in covered academic engagement
programs by the Department of Defense; and
``(ii) other matters relating to the responsibilities under
this subsection.
``(2) The Office shall be the office of primary responsibility for
carrying out the following:
``(A) Section 2200c of title 10, United States Code.
``(B) Section 1640 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2200 note).
``(C) Section 1649 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1758).
``(D) The duties of the Secretary of Defense under section 1659
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 391 note).
``(E) The duties of the Chief Information Officer of the
Department of Defense under section 1726 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 1599f note).
``(F) Section 1532 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2191 note
prec.).
``(G) Section 1535 of the National Defense Authorization Act
for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 2200 note).
``(H) Such other provisions of law as the Secretary of Defense
may determine relevant.
``(d) Authority Relating to Compliance.--The Secretary of Defense
shall take such steps as may be necessary to ensure that the Director
of the Office has sufficient authority to compel and enforce compliance
with any decisions or directives issued pursuant to the
responsibilities under subsection (c).
``(e) Additional Authorities.--In carrying out this section, the
Director of the Office may, under any provision of this chapter or any
other provision of this title providing for the support of educational
programs in cyber-related matters (and unless otherwise specified in
such provision)--
``(1) enter into contracts and cooperative agreements,
including for the purpose of supporting academic and hands-on
programs for individuals transitioning into the cyber field of the
Department;
``(2) make grants of financial assistance, including to
civilian and military students;
``(3) provide cash awards and other items;
``(4) accept voluntary services; and
``(5) support national competition judging, other educational
event activities, and associated award ceremonies in connection
with covered academic engagement programs.
``(f) Relationship to Other Entities.--The Under Secretary of
Defense for Research and Engineering and the Secretaries concerned
shall coordinate and collaborate with the Director of the Office on
covered academic engagement programs sponsored by the Under Secretary
as Science, Technology, Engineering, and Mathematics (STEM) programs
and activities.
``(g) Covered Academic Engagement Program Defined.--In this
section, the term `covered academic engagement program' means any of
the following:
``(1) A primary, secondary, or post-secondary educational
program with a cyber focus.
``(2) A program of the Department of Defense for the
recruitment or retention of cyberspace civilian and military
personnel (including scholarship programs) other than a Reserve
Officers' Training Corps program.
``(3) An academic partnership focused on establishing cyber
talent among the personnel referred to in paragraph (2).''.
(b) Deadline for Establishment.--The Secretary of Defense shall
establish the office under section 2192c of title 10, United States
Code, as added by subsection (a), by not later than 270 days after the
date of the enactment of this Act.
(c) Conforming Amendments.--
(1) Program to establish cyber institutes at institutions of
higher learning.--Section 1640 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2200 note) is amended by inserting at the end the
following new subsection:
``(h) Discharge Through Director.--In carrying out this section,
the Secretary of Defense shall act through the Director of the office
established under section 2192c of title 10, United States Code.''.
(2) Report on cybersecurity training programs.--Section 1649 of
the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1758) is amended by inserting ``, acting
through the Director of the office established under section 2192c
of title 10, United States Code,'' after ``Secretary of Defense''.
(3) Consortia of universities to advise secretary of defense on
cybersecurity matters.--Section 1659 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 391 note) is amended by adding at the following new
subsection:
``(g) Discharge Through Director.--In carrying out this section,
the Secretary of Defense shall act through the Director of the office
established under section 2192c of title 10, United States Code.''.
(4) Department of defense cyber workforce efforts.--Section
1726 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10
U.S.C. 1599f note) is amended by adding at the end the following
new subsection:
``(b) Discharge Through Director.--In carrying out this section,
the Chief Information Officer of the Department of Defense shall act
through the Director of the office established under section 2192c of
title 10, United States Code.''.
(5) Study on establishment of designated central program
office.--Section 1532 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2191 note prec.) is
amended--
(A) by redesignating subsection (e) as subsection (f); and
(B) by inserting after subsection (d) the following new
subsection:
``(e) Discharge Through Director.--In carrying out this section,
the Secretary of Defense shall act through the Director of the office
established under section 2192c of title 10, United States Code.''.
(6) Department of defense cyber and digital service academy.--
Section 1535 of the National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 10 U.S.C. 2200 note) is amended by
adding at the end the following new subsection:
``(p) Discharge Through Director.--In carrying out this section,
the Secretary of Defense shall act through the Director of the office
established under section 2192c of title 10, United States Code.''.
SEC. 1532. SELECTED RESERVE ORDER TO ACTIVE DUTY TO RESPOND TO A
SIGNIFICANT CYBER INCIDENT.
Section 12304 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``for any named operational
mission'';
(2) by redesignating subsections (c) through (j) as subsections
(d) through (k), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c) Authority Relating to Significant Cyber Incidents.--When the
Secretary of Defense or the Secretary of the department in which the
Coast Guard is operating determines that it is necessary to augment the
active armed forces for the response of the Department of Defense or
other department under which the Coast Guard is operating,
respectively, to a covered incident, such Secretary may, without the
consent of the member affected, order any unit, and any member not
assigned to a unit organized to serve as a unit of the Selected Reserve
(as defined in section 10143(a) of this title), under the respective
jurisdiction of such Secretary, to active duty for not more than 365
consecutive days.'';
(4) in paragraph (1) of subsection (d), as redesignated by
paragraph (2), by inserting ``or subsection (c)'' after
``subsection (b)'';
(5) in subsection (g), as redesignated by paragraph (2), by
inserting ``or subsection (c)'' after ``subsection (a)'';
(6) by amending subsection (h), as redesignated by paragraph
(2), to read as follows:
``(h) Termination of Duty.--(1) Whenever any unit of the Selected
Reserve or any member of the Selected Reserve not assigned to a unit
organized to serve as a unit, or any member of the Individual Ready
Reserve, is ordered to active duty under authority of subsection (a),
the service of all units or members so ordered to active duty may be
terminated by--
``(A) order of the President; or
``(B) law.
``(2) Whenever any unit of the Selected Reserve or any member of
the Selected Reserve not assigned to a unit organized to serve as a
unit is ordered to active duty under authority of subsection (c), the
service of all units or members so ordered to active duty may be
terminated by--
``(A) order of the Secretary of Defense or, with respect to the
Coast Guard, the Secretary of the Department in which the Coast
Guard is operating; or
``(B) law.''; and
(7) in subsection (k), as redesignated by paragraph (2)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting after the matter preceding paragraph (2),
as so redesignated, the following new paragraph:
``(1) The term `covered incident' means--
``(A) a cyber incident involving a Department of Defense
information system, or a breach of a Department of Defense
system that involves personally identifiable information, that
the Secretary of Defense determines is likely to result in
demonstrable harm to the national security interests, foreign
relations, or the economy of the United States, or to the
public confidence, civil liberties, or public health and safety
of the people of the United States;
``(B) a cyber incident involving a Department of Homeland
Security information system, or a breach of a Department of
Homeland Security system that involves personally identifiable
information, that the Secretary of Homeland Security determines
is likely to result in demonstrable harm to the national
security interests, foreign relations, or the economy of the
United States or to the public confidence, civil liberties, or
public health and safety of the people of the United States;
``(C) a cyber incident, or collection of related cyber
incidents, that the President determines is likely to result in
demonstrable harm to the national security interests, foreign
relations, or economy of the United States or to the public
confidence, civil liberties, or public health and safety of the
people of the United States; or
``(D) a significant incident declared pursuant to section
2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b).''.
SEC. 1533. POST-GRADUATE EMPLOYMENT OF DEPARTMENT OF DEFENSE CYBER
SERVICE ACADEMY SCHOLARSHIP RECIPIENTS IN INTELLIGENCE COMMUNITY.
Section 1535 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 2200 note) is
amended--
(1) in the section heading, by striking ``Department of Defense
Cyber and Digital Service Academy'' and inserting ``department of
defense cyber service academy'';
(2) in subsection (a)--
(A) in paragraph (1), by inserting ``, the heads of the
elements of the intelligence community,'' after ``the Secretary
of Homeland Security''; and
(B) in paragraph (3), by striking ``Department of Defense
Cyber and Digital Service Academy'' and inserting ``Department
of Defense Cyber Service Academy'';
(3) in subsection (d)--
(A) by inserting ``or an element of the intelligence
community'' after ``missions of the Department''; and
(B) by striking ``Secretary'' each place it appears and
inserting ``head concerned'';
(4) in subsection (e)--
(A) by striking ``Secretary'' each place it appears and
inserting ``head concerned''; and
(B) by inserting ``, or within an element of the
intelligence community, as the case may be'' after ``United
States Code'';
(5) in subsections (h), (j), and (k), by striking ``Secretary''
each place it appears and inserting ``head concerned''; and
(6) by adding at the end of the following new subsections:
``(p) Interagency Considerations.--
``(1) In general.--Subject to paragraph (2), a scholarship
recipient may satisfy their post-award employment obligation under
this section by working for an element of the intelligence
community that is not part of the Department of Defense only if--
``(A) the Secretary of Defense has entered into an
agreement with the head of that element authorizing the
placement of scholarship recipients under the Program in
positions within that element;
``(B) under such agreement, the head of that element has
agreed to reimburse the Department of Defense for the
scholarship program costs associated with any scholarship
recipient so placed; and
``(C) the scholarship recipient has satisfied appropriate
hiring criteria and security clearance requirements applicable
to that element.
``(2) Limitation on percentage per graduating class.--Not more
than 10 percent of each graduating class of scholarship recipients
under the Program may be placed in positions not within the
Department of Defense unless the Secretary of Defense submits to
the congressional defense committees a certification that the
Department of Defense is unable to facilitate placements in
positions within the Department of Defense for such excess
percentage.
``(q) Definitions.--In this section:
``(1) The term `head concerned' means--
``(A) The Secretary of Defense, with respect to matters
concerning the Department of Defense; or
``(B) the head of an element of the intelligence community,
with respect to matters concerning that element.
``(2) The term `intelligence community' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).''.
SEC. 1534. MINIMUM NUMBER OF SCHOLARSHIPS TO BE AWARDED ANNUALLY
THROUGH DEPARTMENT OF DEFENSE CYBER SERVICE ACADEMY.
Section 1535(c) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C.
2200 note) is amended by adding at the end the following new paragraph:
``(5) Minimum number of scholarship awards.--
``(A) In general.--The Secretary of Defense shall award not
fewer than 1,000 scholarships under the Program in fiscal year
2026 and in each fiscal year thereafter.
``(B) Waiver.--The Secretary of Defense may award fewer
than the number of scholarships required under subparagraph (A)
in a fiscal year if the Secretary determines and notifies the
congressional defense committees that fewer scholarships are
necessary to address workforce needs.''.
SEC. 1535. PILOT PROGRAM AND OTHER MEASURES TO ENHANCE READINESS AND
EFFECTIVENESS OF CYBER MISSION FORCE.
(a) Personnel Requirements and Training for Critical Work Roles.--
Not later than 270 days after the date of the enactment of this Act,
the Secretary of Defense shall--
(1) direct and oversee the implementation of guidance, to be
issued by each Secretary of a military department, that correlates
critical work roles to military occupational specialties and
periods of obligated service with respect to that military
department;
(2) require that, prior to the attachment or assignment of a
member of the Armed Forces to a unit of the United States Cyber
Command, the Secretary concerned ensure such member is fully
trained and in compliance with the required standards for the work
role to be assumed by the member within such unit, including with
respect to critical work roles within the Cyber Mission Force;
(3) ensure that the period of obligated service for members of
the Armed Forces is--
(A) uniform across the military departments with respect to
positions of the Cyber Mission Force involving critical work
roles;
(B) commensurate with the financial and time investments
made by Secretary concerned for the purpose of furnishing
training pursuant to paragraph (2); and
(C) sufficient to meet the readiness requirements
established by the Commander of the United States Cyber
Command;
(4) facilitate consecutive assignments of members of the Armed
Forces to the same unit of the United States Cyber Command without
inhibiting the advancement or promotion potential of any such
member;
(5) provide to the Secretaries of the military departments
direction for the integration of critical work roles into the
personnel system of record of the respective military department,
to provide for tracking cyber personnel data by work role; and
(6) establish within at least one military department the
curriculum and capacity necessary to train sufficient numbers of
members of the Armed Forces from across the military departments in
the performance of critical work roles within the Cyber Mission
Force to achieve the readiness requirements established by the
Commander of United States Cyber Command.
(b) Pilot Program on Contracting for Services Relevant to Critical
Work Roles.--
(1) Pilot program.--Not later than 180 days after the date of
the enactment of this Act, the Commander of the United States Cyber
Command shall carry out a pilot program under which the Commander
shall seek to enter into one or more contracts under which skilled
contractor personnel provide services relevant to critical work
roles within the Cyber Mission Force, for the purpose of enhancing
the readiness and effectiveness of the Cyber Mission Force.
(2) Duration.--The Commander shall carry out the pilot program
under paragraph (1) during the three-year period beginning on the
date of the commencement of the pilot program and following such
period, may--
(A) continue carrying out such pilot program for such
duration as the Commander considers appropriate;
(B) transition such pilot program to a permanent program;
or
(C) terminate such pilot program.
(c) Plan on Hiring, Training, and Retaining Civilians to Serve in
Critical Work Roles.--Not later than 120 days after the date of the
enactment of this Act, the Commander of the United States Cyber Command
shall--
(1) develop a plan to hire, train, and retain civilians to
serve in critical work roles and other work roles within the Cyber
Mission Force, for the purpose of enhancing the readiness and
effectiveness of the Cyber Mission Force; and
(2) provide to the congressional defense committees a briefing
on such plan.
(d) Definitions.--In this section:
(1) The term ``critical work role'' means a work role
designated as critical by the Commander of the United States Cyber
Command for purposes of this section.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101 of title 10, United States Code.
SEC. 1536. AUTHORITY TO CONDUCT PILOT PROGRAM ON CIVILIAN CYBERSECURITY
RESERVE.
(a) Authority.--The Secretary of the Army may conduct a pilot
program to establish a Civilian Cybersecurity Reserve to provide to the
United States Cyber Command manpower to effectively--
(1) preempt, defeat, deter, or respond to malicious cyber
activity;
(2) conduct cyberspace operations;
(3) secure information and systems of the Department of Defense
against malicious cyber activity; and
(4) assist in solving cyber workforce-related challenges.
(b) Conditions Prior to Conduct of Pilot Program.--
(1) Implementation plan.--The Secretary of the Army may not
take any action to commence a pilot program pursuant to the
authority under subsection (a) until the Secretary--
(A) submits to the congressional defense committees an
implementation plan for the pilot program; and
(B) provides to the congressional defense committees a
briefing on such implementation plan.
(2) Program guidance.--If the Secretary of the Army intends to
conduct a pilot program pursuant to the authority under subsection
(a), prior to commencing such pilot program, the Secretary, in
consultation with the Director of the Office of Personnel
Management and the Director of the Office of Government Ethics,
shall issue guidance for the establishment and implementation of
the pilot program.
(c) Conditions on Conduct of Pilot Program.--Any pilot program
conducted by the Secretary of the Army pursuant to the authority under
subsection (a) shall be subject to the following:
(1) Hiring authority; status in reserve.--
(A) Hiring authority.--In conducting the pilot program, the
Secretary of the Army may use any authority otherwise available
to the Secretary for the recruitment, employment, and retention
of civilian personnel within the Department, including the
authority under section 1599f of title 10, United States Code.
(B) Status in reserve.--During the period beginning on the
date on which an individual is recruited to serve in the
Civilian Cybersecurity Reserve and ending on the date on which
the individual is appointed to the Civilian Cybersecurity
Reserve, and during any period elapsing between any such
appointments, the individual may not be considered a Federal
employee.
(2) Eligibility; application and selection.--
(A) Criteria required.--The Secretary of the Army shall
establish criteria for--
(i) individuals to be eligible to serve in the Civilian
Cybersecurity Reserve; and
(ii) the application and selection processes for
service in the Civilian Cybersecurity Reserve.
(B) Requirements for individuals.--The criteria under
subparagraph (A) shall include, with respect to an individual--
(i) if the individual has previously served as a member
of the Civilian Cybersecurity Reserve, that the previous
appointment ended not fewer than 60 days before the
individual may be appointed for a subsequent temporary
position in the Civilian Cybersecurity Reserve; and
(ii) cybersecurity expertise.
(C) Prescreening.--The Secretary of the Army shall--
(i) prior to the appointment of an individual to the
Civilian Cybersecurity Reserve, conduct a prescreening of
the individual for any topic or product that would create a
conflict of interest; and
(ii) require each individual so appointed to notify the
Secretary if a potential conflict of interest arises during
such appointment.
(D) Agreement required.--The Secretary of the Army may only
appoint an individual to the Civilian Cybersecurity Reserve if
the individual enters into an agreement with the Secretary to
serve in the Civilian Cybersecurity Reserve. Such agreement
shall set forth the rights and obligations of the individual
and the Army.
(E) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not serve as a
member of the Civilian Cybersecurity Reserve.
(F) Prohibition.--No individual who is an officer or
employee of the United States Government, including any member
of the uniformed services, may be recruited or appointed to
serve in the Civilian Cybersecurity Reserve.
(3) Security clearances.--
(A) In general.--The Secretary of the Army shall ensure
that each member of the Civilian Cybersecurity Reserve is
subject to appropriate personnel vetting and adjudication
commensurate with the duties of the position, including, with
respect to positions for which a security clearance is
necessary, a favorable determination of eligibility for access
to classified information, consistent with applicable
provisions of law and policy.
(B) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance in
order to carry out the duties of the member, the Army shall be
responsible for the cost of sponsoring the security clearance
of the member.
(4) Briefings.--Not later than one year after the date on which
the guidance under subsection (b)(2) is issued with respect to the
pilot program, and annually thereafter until the date on which the
pilot program terminates pursuant to paragraph (7), the Secretary
of the Army shall provide to the congressional defense committees a
briefing on activities carried out under the pilot program,
including--
(A) participation in the Civilian Cybersecurity Reserve,
including the number of members of the Civilian Cybersecurity
Reserve, the diversity of such members, and any barriers to
recruitment or retention of such members;
(B) an evaluation of the ethical requirements of the pilot
program;
(C) whether the Civilian Cybersecurity Reserve has been
effective in providing additional capacity to the Army; and
(D) an evaluation of the eligibility requirements for the
pilot program.
(5) Final report and briefing required.--Not earlier than 180
days and not later than 90 days prior to the date on which the
pilot program terminates pursuant to paragraph (7), the Secretary
of the Army shall submit to the congressional defense committees a
report, and provide to the congressional defense committees a
briefing, on recommendations relating to the pilot program,
including recommendations for--
(A) whether the pilot program should be modified, extended
in duration, or established as a permanent program, and if so,
an appropriate scope for the program;
(B) how to attract prospective members of the Civilian
Cybersecurity Reserve, ensure a diversity of such members, and
address any barriers to recruitment or retention of such
members;
(C) the ethical requirements of the pilot program and the
effectiveness of mitigation efforts to address any conflict of
interest concerns; and
(D) an evaluation of the eligibility requirements for the
pilot program.
(6) Evaluation required.--Not later than three years after the
date on which the pilot program commences, the Comptroller General
of the United States shall--
(A) conduct a study evaluating the pilot program; and
(B) submit to the congressional defense committees--
(i) a report on the results of the study; and
(ii) a recommendation with respect to whether the pilot
program should be modified.
(7) Sunset.--The authority to conduct the pilot program shall
terminate on the date that is four years after the date on which
the pilot program commences.
SEC. 1537. REQUIREMENTS FOR IMPLEMENTATION OF USER ACTIVITY MONITORING
FOR CERTAIN PERSONNEL.
(a) In General.--The Secretary of Defense shall require each head
of a component of the Department of Defense to fully implement each
directive, policy, and program requirement for user activity monitoring
and least privilege access controls with respect to the personnel of
that component, including Federal employees and contractors, granted
access to classified information and classified networks, including the
following directives (and any successor directives):
(1) The Committee on National Security Systems Directive 504,
issued on February 4, 2014, relating to the protection of national
security systems from insider threats (including any annex to such
directive).
(2) Department of Defense Directive 5205.16, issued on
September 30, 2014, relating to the insider threat program of the
Department of Defense.
(b) Additional Requirement.--The Secretary of Defense shall require
each head of a component of the Department of Defense to implement,
with respect to systems, devices, and personnel of the component,
automated controls to detect and prohibit privileged user accounts from
performing general user activities not requiring privileged access.
(c) Periodic Testing.--The Secretary shall require that, not less
frequently than once every two years, each head of a component of the
Department of Defense--
(1) conducts insider threat testing using threat-realistic
tactics, techniques, and procedures; and
(2) submits to the Under Secretary of Defense for Intelligence
and Security, the Chief Information Officer of the Department of
Defense, and the Director of Operational Test and Evaluation of the
Department of Defense a report on the findings of the head with
respect to the testing conducted pursuant to paragraph (1).
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the implementation of
this section.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives; and
(2) the Committee on Armed Services and the Select Committee on
Intelligence of the Senate.
SEC. 1538. STUDY ON OCCUPATIONAL RESILIENCY OF CYBER MISSION FORCE.
(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Principal Cyber Advisor of the Department of Defense
and the Under Secretary of Defense for Personnel and Readiness, in
coordination with the principal cyber advisors of the military
departments and the Commander of the United States Cyber Command, shall
conduct a study on the personnel and resources required to enhance and
support the occupational resiliency of the Cyber Mission Force.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An inventory of the resources and programs available to
personnel assigned to the Cyber Mission Force, disaggregated by
Armed Force and location.
(2) An assessment of the risk to the occupational resiliency of
such personnel relative to the respective operational work role
within the Cyber Mission Force (as defined by the Commander of the
United States Cyber Command) and the number of such personnel
available to perform operations in each such category of
operational work role.
(3) An evaluation of the extent to which personnel assigned to
the Cyber Mission Force have been made aware of the resources and
programs referred to in paragraph (1), and of measures required to
improve such awareness.
(4) A determination by the Commander of the United States Cyber
Command regarding the adequacy and accessibility of such resources
and programs for personnel assigned to the Cyber Mission Force.
(5) Such other matters as may be determined necessary by the
Principal Cyber Advisor of the Department of Defense and the Under
Secretary of Defense for Personnel and Readiness.
(c) Submission to Congress.--Upon completing the study under
subsection (a), the Principal Cyber Advisor of the Department of
Defense and the Under Secretary of Defense for Personnel and Readiness
shall submit to the congressional defense committees a report
containing the results of such study.
(d) Occupational Resiliency Defined.--In this section, the term
``occupational resiliency'' means, with respect to personnel assigned
to the Cyber Mission Force, the ability of such personnel to mitigate
the unique psychological factors that contribute to the degradation of
mental health and job performance under such assignment.
Subtitle E--Artificial Intelligence
SEC. 1541. MODIFICATION TO ACQUISITION AUTHORITY OF SENIOR OFFICIAL
WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE AND MACHINE
LEARNING.
Section 808 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--
(1) in subsection (c)(1), by striking ``The Secretary of
Defense shall provide the Office with at least 10 full-time
employees'' and inserting ``The Secretary of Defense shall ensure
that, at any given time for the duration of the period specified in
subsection (d), the Office has at least 10 full-time employees
provided by the Secretary'';
(2) in subsection (d), by striking ``in each of fiscal years
2021, 2022, 2023, 2024, and 2025'' and inserting ``in each of
fiscal years 2024 through 2029'';
(3) by amending subsection (e)(1) to read as follows:
``(1) In general.--
``(A) Plan required.--Not later than 30 days after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2024, the Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment,
shall submit to the congressional defense committees a plan for
the delegation and exercise of the acquisition authority
described in subsection (a).
``(B) Demonstration required.--Not later than 90 days after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2024, the Secretary of Defense, acting
through the Chief Digital and Artificial Intelligence Officer
of the Department of Defense, shall provide a demonstration of
operational capability delivered under such authority. In
addition to the matters specified in paragraph (4), such
demonstration shall include a description of--
``(i) how the Chief Digital and Artificial Intelligence
Officer may use the acquisition authorities available to
the Chief Digital and Artificial Intelligence Officer to
further the data and artificial intelligence objectives of
the Department of Defense, including an inventory of
requirements and funding associated with the exercise of
such acquisition authorities;
``(ii) how the Chief Digital and Artificial
Intelligence Officer may use the acquisition authorities of
other Federal entities to further such objectives,
including an inventory of requirements and funding
associated with the exercise of such acquisition
authorities; and
``(iii) the challenges and benefits of using the
acquisition authorities described in clauses (i) and (ii),
respectively, to further such objectives.''; and
(4) in subsection (f), by striking ``October 1, 2025'' and
inserting ``October 1, 2029''.
SEC. 1542. ARTIFICIAL INTELLIGENCE BUG BOUNTY PROGRAMS.
(a) Program for Foundational Artificial Intelligence Products Being
Integrated Within Department of Defense.--
(1) Development required.--Not later than 180 days after the
date of the enactment of this Act and subject to the availability
of appropriations, the Chief Digital and Artificial Intelligence
Officer of the Department of Defense shall develop a bug bounty
program for foundational artificial intelligence models being
integrated into the missions and operations of the Department of
Defense.
(2) Collaboration.--In developing the program under paragraph
(1), the Chief Digital and Artificial Intelligence Officer may
collaborate with the heads of other Federal departments and
agencies with expertise in cybersecurity and artificial
intelligence.
(3) Implementation authorized.--The Chief Digital and
Artificial Intelligence Officer may carry out the program developed
under subsection (a).
(4) Contracts.--The Secretary of Defense shall ensure, as may
be appropriate, that whenever the Secretary enters into any
contract, such contract allows for participation in the bug bounty
program developed under paragraph (1).
(5) Rule of construction.--Nothing in this subsection shall be
construed to require--
(A) the use of any foundational artificial intelligence
model; or
(B) the implementation of the program developed under
paragraph (1) for the purpose of the integration of a
foundational artificial intelligence model into the missions or
operations of the Department of Defense.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Chief Digital and Artificial Intelligence
Officer shall provide to the congressional defense committees a
briefing on--
(1) the development and implementation of bug bounty programs
the Chief Digital and Artificial Intelligence Officer considers
relevant to the matters covered by this section; and
(2) long-term plans of the Chief Digital and Artificial
Intelligence Officer with respect to such bug bounty programs.
(c) Foundational Artificial Intelligence Model Defined.--In this
section, the term ``foundational artificial intelligence model'' means
an adaptive generative model that is trained on a broad set of
unlabeled data sets that may be used for different tasks with minimal
fine-tuning.
SEC. 1543. PRIZE COMPETITION FOR TECHNOLOGY THAT DETECTS AND WATERMARKS
USE OF GENERATIVE ARTIFICIAL INTELLIGENCE.
(a) Establishment.--Not later than 270 days after the date of the
enactment of this Act, under the authority of section 4025 of title 10,
United States Code, the Secretary of Defense shall establish a prize
competition designed to evaluate technology (including applications,
tools, and models) for generative artificial intelligence detection and
generative artificial intelligence watermarking, for the purposes of--
(1) facilitating the research, development, testing,
evaluation, and competition of such technologies to support the
Secretaries of the military departments and the commanders of
combatant commands in warfighting requirements; and
(2) transitioning such technologies, including technologies
developed pursuant to pilot programs, prototype projects, or other
research and development programs, from the prototyping phase to
production.
(b) Participation.--The participants in the prize competition under
subsection (a) may include federally funded research and development
centers, entities within the private sector, entities within the
defense industrial base, institutions of higher education, Federal
departments and agencies, and such other categories of participants as
the Secretary of Defense considers appropriate.
(c) Designation.--The prize competition under subsection (a) shall
be known as the ``Generative AI Detection and Watermark Competition''.
(d) Administration.--The Under Secretary of Defense for Research
and Engineering shall administer the prize competition under subsection
(a).
(e) Framework.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the framework to be used
in carrying out the prize competition under subsection (a).
(f) Annual Briefings.--Not later than October 1 of each year until
the date of termination under subsection (g), the Secretary of Defense
shall provide to the congressional defense committees a briefing on the
results of the prize competition under subsection (a).
(g) Termination.--The authority to carry out the prize competition
under subsection (a) shall terminate on December 31, 2025.
(h) Definitions.--In this section:
(1) The term ``generative artificial intelligence detection''
means, with respect to digital content, the positive identification
of the use of generative artificial intelligence in the generation
of such content.
(2) The term ``generative artificial intelligence
watermarking'' means, with respect to digital content, embedding
within such content data conveying attribution of the generation of
such content to generative artificial intelligence.
SEC. 1544. PLANS, STRATEGIES, AND OTHER MATTERS RELATING TO ARTIFICIAL
INTELLIGENCE.
(a) In General.--The Secretary of Defense, in consultation with the
Deputy Secretary of Defense, shall--
(1) establish and document procedures, including timelines, for
the periodic review of the 2018 Department of Defense Artificial
Intelligence Strategy, or any successor strategy, and associated
annexes of the military departments to assess the implementation of
such strategy and whether any revision is necessary;
(2) issue Department of Defense-wide guidance that defines
outcomes of near-term and long-term strategies and plans relating
to--
(A) the adoption of artificial intelligence;
(B) the adoption and enforcement of policies on the ethical
use of artificial intelligence systems; and
(C) the identification and mitigation of bias in artificial
intelligence algorithms;
(3) issue Department-wide guidance regarding methods to monitor
accountability for artificial intelligence-related activity,
including artificial intelligence performance indicators and
metrics;
(4) develop a strategic plan for the development, use, and
cybersecurity of generative artificial intelligence, including a
policy governing the use of, and the defense against adversarial
use of, generative artificial intelligence;
(5) assess technical workforce needs across the future years
defense plan to support the continued development of artificial
intelligence capabilities, including recruitment and retention
policies and programs;
(6) assess the availability and adequacy of the basic
artificial intelligence training and education curricula, including
efforts developed or authorized pursuant to section 256 of the
National Defense Authorization Act for Fiscal Year 2020 (133 Stat.
1290; Public Law 116-92), available to the broader civilian
workforce of the Department and military personnel to promote
artificial intelligence literacy to the nontechnical workforce and
senior leadership with responsibilities adjacent to artificial
intelligence technical development;
(7) develop and issue a timeline and guidance for the Chief
Digital and Artificial Intelligence Officer of the Department and
the Secretaries of the military departments to establish a common
lexicon for artificial intelligence-related activities;
(8) develop and implement a plan to protect and secure the
integrity, availability, and privacy of artificial intelligence
systems and models, including large language models, data
libraries, data repositories, and algorithms, in training,
development, and production environments;
(9) ensure the fulfilment of the statutory requirement to
establish data repositories under section 232 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81;
10 U.S.C. 4001 note), as amended by section 212 of the National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263;
136 Stat. 2466);
(10) develop and implement a plan--
(A) to identify commercially available and relevant large
language models; and
(B) to make such models available, as appropriate, on
classified networks;
(11) develop a plan to defend the personnel, organizations, and
systems of the Department against adversarial artificial
intelligence, including an identification of organizations within
the Department capable of providing to cyber red teams of the
Department capabilities for operational and developmental needs;
(12) develop and implement a policy for use by contracting
officials to protect the intellectual property of commercial
entities that provide artificial intelligence algorithms to a data
repository specified in paragraph (9), including a policy for how
to address data rights in situations in which governmental and
commercial intellectual property may be mixed when such artificial
intelligence algorithms are deployed in an operational environment;
(13) issue guidance and directives governing how the Chief
Digital and Artificial Intelligence Officer of the Department shall
exercise authority to access, control, and maintain, on behalf of
the Secretary, data collected, acquired, accessed, or used by
components of the Department consistent with section 1513 of the
James M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263; 10 U.S.C. 4001 note); and
(14) clarify guidance on the instances for, and the role of
human intervention and oversight in, the exercise of artificial
intelligence algorithms for use in the generation of offensive or
lethal courses of action for tactical operations.
(b) Ethical and Responsible Artificial Intelligence.--
(1) Process.--The Secretary of Defense, acting through the
Chief Digital and Artificial Intelligence Officer, shall develop
and implement a process--
(A) to assess whether a given artificial intelligence
technology used by the Department of Defense is in compliance
with a test, evaluation, verification, and validation framework
that--
(i) operationalizes responsible artificial intelligence
principles; and
(ii) is validated and selected by the Chief Digital and
Artificial Intelligence Officer for purposes of this
subsection;
(B) to report and remediate any artificial intelligence
technology that is determined not to be in compliance with the
framework selected pursuant to subparagraph (A); and
(C) in a case in which efforts to remediate such technology
have been unsuccessful, to discontinue the use of the
technology until effective remediation is achievable.
(2) Additional requirements.--In developing and implementing
the process under paragraph (1), the Secretary of Defense shall--
(A) develop clear criteria against which the compliance of
an artificial intelligence technology with the framework
selected pursuant to subparagraph (A) of such paragraph may be
assessed under such subparagraph, taking into consideration--
(i) similar criteria previously developed by the
Secretary; and
(ii) the identification of potential vulnerabilities in
systems and infrastructure of the Armed Forces that could
be exploited by adversarial artificial intelligence
applications used by the People's Republic of China, the
Russian Federation, or other foreign adversaries;
(B) take steps to integrate such process across the
elements of the Department of Defense, including the combatant
commands; and
(C) provide information on such process to members of the
Armed Forces and civilian personnel of the Department that
are--
(i) responsible for developing and deploying artificial
intelligence technologies;
(ii) end users of such technologies, including members
of the Army, Navy, Air Force, Marine Corps, or Space Force
who use such technologies in military operations; or
(iii) otherwise determined relevant by the Secretary.
(c) Deadline; Briefing.--
(1) Deadline.--The Secretary shall complete the requirements
under this section by not later than 120 days after the date of
enactment of this Act.
(2) Briefing.--Not later than 150 days after the date of the
enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on the implementation
of this section.
SEC. 1545. STUDY TO ANALYZE VULNERABILITY FOR ARTIFICIAL INTELLIGENCE-
ENABLED MILITARY APPLICATIONS.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall complete a study to assess
the functionality of artificial intelligence-enabled military
applications, research and development needs related to such
applications, and vulnerabilities to the privacy, security, and
accuracy of such applications.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An assessment of research and development efforts,
including transition pathways, needed to advance explainable and
interpretable artificial intelligence-enabled military
applications, including the capability to assess the architectures,
data models, and algorithms underlying such applications.
(2) An assessment of any potential risks to the privacy,
security, or accuracy of the architectures, data models, or
algorithms underlying artificial intelligence-enabled military
applications, including the following:
(A) Individual foundational artificial intelligence models,
including the adequacy of existing testing, training, and
auditing for such models to ensure such models may be properly
assessed over time.
(B) The interactions of multiple artificial intelligence-
enabled military applications and how such interactions may
affect the ability to detect and assess new, complex, and
emergent behavior among individual agents, as well as the
collective effect of such interactions on risks to the privacy,
security, and accuracy of such applications over time.
(C) The effect of increased agency in artificial
intelligence-enabled military applications and how such
increased agency may affect the ability to detect and assess
new, complex, and emergent behavior, as well risks to the
privacy, security, and accuracy of such applications over time.
(3) An assessment of the survivability and traceability of
decision support systems that are integrated with artificial
intelligence-enabled military applications and used in a contested
environment.
(4) An identification of existing artificial intelligence
metrics, developmental, testing and audit capabilities, personnel,
and infrastructure of the Department of Defense, including test and
evaluation facilities of the Department, needed to enable ongoing
assessment under paragraphs (1) through (3).
(5) An identification of any research gaps necessary to be
filled to sufficiently carry out the assessments and
identifications required under paragraphs (1) through (3) that are
not currently, or not sufficiently, funded within the Department of
Defense.
(c) Interim Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Chief Digital and Artificial
Intelligence Officer shall provide to the congressional defense
committees a briefing on the interim findings of the study under
subsection (a).
(d) Final Report.--
(1) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a final report on the findings
with respect to the study conducted pursuant to subsection (a).
(2) Form.--The final report under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(e) Foundational Artificial Intelligence Model Defined.--In this
section, the term ``foundational artificial intelligence model'' means
an adaptive generative model that is trained on a broad set of
unlabeled data sets that may be used for different tasks with minimal
fine-tuning.
Subtitle F--Reports and Other Matters
SEC. 1551. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL FOR OFFICE OF
UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS PENDING STRATEGY
RELATING TO DEFENSE TRAVEL SYSTEM.
(a) Strategy.--The Under Secretary of Defense for Personnel and
Readiness shall develop a strategy to modernize or replace the end-to-
end travel management system of the Department of Defense known as the
``Defense Travel System'' (in this section, referred to as the
``Defense Travel System'').
(b) Elements.--The strategy under subsection (a) shall include the
following:
(1) A business case analysis that evaluates options for
modernizing or replacing the Defense Travel System, including--
(A) an assessment of the upgradability of the code base for
the Defense Travel System before such code base reaches a point
of unsustainability;
(B) an assessment of commercially available tools that may
be used to upgrade the capabilities of the Defense Travel
System;
(C) an identification of system dependencies of the Defense
Travel System, with a particular focus on any such dependencies
with respect to connections with financial management systems;
(D) an identification of system weaknesses of the Defense
Travel System affecting audit readiness;
(E) projections of usage rates of the Defense Travel System
necessary to maintain workload and reimbursement rate
viability; and
(F) estimated costs for any activity associated with the
strategy.
(2) A plan for the implementation of the strategy, including
timelines for achieving such implementation.
(3) An identification of risks to such implementation,
including potential delays to such timelines.
(c) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2024 for travel for the
Office of the Under Secretary of Defense for Personnel and Readiness,
not more than 93 percent may be obligated or expended until the Chief
Information Officer of the Department of Defense independently
certifies to the Committees on Armed Services of the House of
Representatives and the Senate that the strategy under subsection (a)
meets the validated requirements of the Department of Defense.
SEC. 1552. MANAGEMENT BY DEPARTMENT OF DEFENSE OF MOBILE APPLICATIONS.
(a) Implementation of Recommendations.--
(1) In general.--The Secretary of Defense shall evaluate and
implement to the maximum extent practicable the recommendations of
the Inspector General of the Department of Defense with respect to
managing mobile applications contained in the report set forth by
the Inspector General dated February 9, 2023, and titled
``Management Advisory: The DoD's Use of Mobile Applications''
(Report No. DODIG-2023-041).
(2) Deadline.--The Secretary shall implement each of the
recommendations specified in subsection (a) by not later than one
year after the date of the enactment of this Act unless the
Secretary submits to the congressional defense committees a written
notification of any specific recommendation that the Secretary
declines to implement or plans to implement after the date that is
one year after the date of the enactment of this Act.
(b) Briefing on Requirements Related to Covered Applications.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on actions taken by the
Secretary to enforce compliance with existing policy of the
Department of Defense that prohibits--
(A) the installation and use of covered applications on
Federal Government devices; and
(B) the use of covered applications on the Department of
Defense Information Network on personal devices.
(2) Covered applications defined.--In this subsection, the term
``covered applications'' means the social networking service
TikTok, or any successor application or service developed or
provided by ByteDance Limited or an entity owned by ByteDance
Limited.
SEC. 1553. REPORT ON DEPARTMENT OF DEFENSE ENTERPRISE CAPABILITIES FOR
CYBERSECURITY.
(a) Report.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Chief Information Officer of the
Department of Defense shall submit to the congressional defense
committees a report on any actions or determinations by the
Department pertaining to the requirements under section 1511 of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 2037) taken or made for the purpose of using
cybersecurity capabilities to protect assets and networks across
the Department.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A description of the risks and benefits associated with
the actions and determinations specified in paragraph (1).
(B) A description of future plans of the Department for the
acquisition of integrated and interoperable cybersecurity tools
and applications through a competitive process that would allow
multiple vendors to compete separately and as teams.
(C) The results of the analysis conducted by the Director
of Cost Assessment and Program Evaluation of the Department of
the costs and effectiveness of the cybersecurity capabilities
described in paragraph (1).
(D) The results of any analyses conducted by the Director
of Operational Test and Evaluation, or the head of any other
element of the Department, to test the effectiveness of the
cybersecurity capabilities described in paragraph (1) compared
to other commercially available products and vendors.
(b) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Chief Information Officer of the Department
shall provide to the congressional defense committees a briefing on the
plans of the Department to ensure competition and interoperability in
the security and identity and access management product market
segments.
SEC. 1554. REPORT ON TECHNOLOGY MODERNIZATION FOR ARMY HUMAN RESOURCES
COMMAND 2030 TRANSFORMATION PLAN.
(a) In General.--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 plan of the Army known
as the ``Human Resources Command 2030 Transformation Plan'' that
includes--
(1) an estimated timeline for the completion of the
implementation milestones set forth in such plan; and
(2) an identification of future resource needs relating to the
modernization of legacy information technology systems.
(b) Legacy Information Technology System Defined.--In this section,
the term ``legacy information technology system'' has the meaning given
such term in section 1076 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 40 U.S.C. 11301 note).
SEC. 1555. CERTIFICATION REQUIREMENT REGARDING CONTRACTING FOR MILITARY
RECRUITING.
(a) Certification Requirement.--Prior to the Secretary of Defense
entering into any contract or other agreement (or extending, renewing,
or otherwise modifying an existing contract or other agreement) with an
entity for the purpose of that entity placing military recruitment
advertisements on behalf of the Department of Defense, the Secretary
shall require, as a condition of such contract or agreement, that the
entity certify to the Secretary that the entity does not place
advertisements in news sources based on personal or institutional
political preferences or biases, or determinations of misinformation.
(b) Notification Requirement.--
(1) In general.--The Secretary of Defense, in coordination with
the Secretaries of the military departments, shall submit a
notification to the congressional defense committees and
congressional leadership each time the Department of Defense enters
into a contract related to the placement of recruitment advertising
with an entity specified in paragraph (2) and if such entities are
used how they are used.
(2) Entities specified.--The entities specified in this
paragraph are--
(A) NewsGuard Technologies Inc.;
(B) the Global Disinformation Index, incorporated in the
United Kingdom as ``Disinformation Index LTD''; and
(C) any similar entity.
(c) Sunset.--The requirement under this section shall terminate on
the date that is one year after the date of the enactment of this Act.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Delegation of certain authority of explosive safety board.
Sec. 1602. Classification review of space major defense acquisition
programs.
Sec. 1603. Enhanced authority to increase space launch capacity through
space launch support services.
Sec. 1604. Principal Military Deputy for Space Acquisition and
Integration.
Sec. 1605. Modification to updates of space policy review.
Sec. 1606. Authorization for establishment of the National Space
Intelligence Center as a field operating agency.
Sec. 1607. Initial operational capability for Advanced Tracking and
Launch Analysis System and requirements for system-level
review.
Sec. 1608. Use of middle tier acquisition program for proliferated
warfighter space architecture of the Space Development Agency.
Sec. 1609. Process and plan for Space Force space situational awareness.
Sec. 1610. Plan to improve threat-sharing arrangements with commercial
space operators.
Sec. 1611. Plan for an integrated and resilient satellite communications
architecture for the Space Force.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Military intelligence collection and analysis partnerships.
Subtitle C--Nuclear Forces
Sec. 1631. Establishment of major force program for nuclear command,
control, and communications programs.
Sec. 1632. Technical amendment to additional report matters on strategic
delivery systems.
Sec. 1633. Amendment to annual report on the plan for the nuclear
weapons stockpile, nuclear weapons complex, nuclear weapons
delivery systems, and nuclear weapons command and control
systems.
Sec. 1634. Matters relating to the acquisition and deployment of the
Sentinel intercontinental ballistic missile weapon system.
Sec. 1635. Tasking and oversight authority with respect to
intercontinental ballistic missile site activation task force
for Sentinel Program.
Sec. 1636. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
Sec. 1637. Repeal of requirement for review of nuclear deterrence
postures.
Sec. 1638. Retention of capability to redeploy multiple independently
targetable reentry vehicles.
Sec. 1639. Authorization to establish technology transition program for
strategic nuclear deterrence.
Sec. 1640. Matters relating to the nuclear-armed, sea-launched cruise
missile.
Sec. 1641. Requirements relating to operational silos for the Sentinel
intercontinental ballistic missile.
Sec. 1642. Long-term sustainment of Sentinel ICBM guidance system.
Sec. 1643. Integrated master schedule for the Sentinel missile program
of the Air Force.
Sec. 1644. Operational timeline for Strategic Automated Command and
Control System.
Sec. 1645. Pilot program on development of reentry vehicles and related
systems.
Sec. 1646. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1647. Limitation on availability of funds pending compliance with
information requests from the Government Accountability
Office.
Sec. 1648. Congressional notification of decision to delay strategic
delivery system test event.
Sec. 1649. Congressional notification of nuclear cooperation between
Russia and China.
Sec. 1650. Plan for decreasing the time to upload additional warheads to
the intercontinental ballistic missile fleet.
Subtitle D--Missile Defense Programs
Sec. 1661. Deputy Director of Office of Missile Defense Agency.
Sec. 1662. Modification of program accountability matrices requirements
for next generation interceptors for missile defense.
Sec. 1663. National missile defense policy.
Sec. 1664. Modification of requirement for Comptroller General to review
and assess missile defense acquisition programs.
Sec. 1665. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1666. Programs to achieve initial and full operational capabilities
for the Glide Phase Interceptor program.
Sec. 1667. Rescission of memorandum on missile defense governance.
Sec. 1668. Limitation on availability of funds for Office of Cost
Assessment and Program Evaluation until submission of report
on missile defense roles and responsibilities.
Sec. 1669. Strategy for integrated air and missile defense of Hawaii and
the Indo-Pacific region.
Sec. 1670. Report on potential enhancements to integrated air and
missile defense capabilities in Europe.
Sec. 1671. Independent analysis of space-based missile defense
capability.
Subtitle E--Other Matters
Sec. 1681. Extension of authorization for protection of certain
facilities and assets from unmanned aircraft.
Sec. 1682. Electromagnetic warfare.
Sec. 1683. Cooperative threat reduction funds.
Sec. 1684. Matters relating to space-based ground and airborne moving
target indication systems.
Sec. 1685. Positioning, navigation, and timing.
Sec. 1686. Actions to address serious deficiencies in electronic
protection of systems that operate in the radio frequency
spectrum.
Sec. 1687. Limitation on use of funds for certain unreported programs.
Sec. 1688. Indo-Pacific missile strategy.
Sec. 1689. Study on the future of the Integrated Tactical Warning Attack
Assessment System.
Sec. 1690. Research and analysis on multipolar deterrence and escalation
dynamics.
Subtitle A--Space Activities
SEC. 1601. DELEGATION OF CERTAIN AUTHORITY OF EXPLOSIVE SAFETY BOARD.
(a) Delegation of Responsibilities.--Section 172 of title 10,
United States Code, is amended--
(1) in subsection (c), by striking ``The chair'' and inserting
``Except as provided in subsection (h), the chair''; and
(2) by adding at the end the following new subsection:
``(h) Explosives Used by Space Launch Vehicles.--(1) The Secretary
of Defense shall delegate to the Secretary of the Air Force, who may
further delegate to the Commanders of the Space Launch Deltas, the
responsibilities under subsection (c) with respect to explosives used
by space launch vehicles.
``(2) In this subsection, the term `launch vehicle' has the meaning
given such term in section 50902(11) of title 51.''.
(b) Improved Process for Yield Determination.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Defense, the Secretary of Transportation, and the Administrator of the
National Aeronautics and Space Administration shall jointly establish a
process through which scientifically-valid yield determinations can be
assessed for space launch vehicles while in flight.
(c) Report.--Not later than 90 days after the completion of the
LOX-Methane Assessment working group process, the Secretary of Defense,
the Secretary of Transportation, and the Administrator of the National
Aeronautics and Space Administration shall submit to the appropriate
congressional committees a report that includes a description of the
effects of the LOX-Methane Assessment on existing and future maximum
credible event analyses and any resulting effects on commercial space
launch, civil space activities, and national security.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The congressional defense committees.
(B) The Committee on Commerce, Science, and Transportation
of the Senate.
(C) The Committee on Science, Space, and Technology of the
House of Representatives.
(D) The Committee on Transportation and Infrastructure of
the House of Representatives.
(2) The term ``LOX-Methane Assessment working group'' means the
ongoing interagency working group studying the explosive
characteristics of liquid oxygen and methane and comprised of
representatives from the Department of Defense, the Department of
Transportation, and the National Aeronautics and Space
Administration.
(3) The term ``launch vehicle'' has the meaning given such term
in section 50902(11) of title 51, United States Code.
SEC. 1602. CLASSIFICATION REVIEW OF SPACE MAJOR DEFENSE ACQUISITION
PROGRAMS.
Chapter 135 of title 10, United States Code, is amended by
inserting after section 2275a the following new section:
``Sec. 2275b. Requirements for appropriate classification guidance.
``(a) In General.--Before a space major defense acquisition program
achieves Milestone B approval, or equivalent, the milestone decision
authority shall determine whether the classification guidance for the
program remains appropriate and--
``(1) if such guidance is determined to be appropriate, submit
to the congressional defense committees a certification of such
determination; or
``(2) if such guidance is determined to be inappropriate,
initiate an update to such guidance.
``(b) Definitions.--In this section:
``(1) The term `Milestone B approval' has the meaning given
such term in section 4172(e)(7) of this title.
``(2) The term `major defense acquisition program' has the
meaning given such term in section 4201 of this title.
``(3) The term `space major defense acquisition program' means
a major defense acquisition program for the acquisition of a
satellite, ground system, or command and control system.''.
SEC. 1603. ENHANCED AUTHORITY TO INCREASE SPACE LAUNCH CAPACITY THROUGH
SPACE LAUNCH SUPPORT SERVICES.
Chapter 135 of title 10, United States Code, is amended by
inserting after section 2276 the following new section:
``Sec. 2276a. Special authority for provision of space launch support
services to increase space launch capacity
``(a) In General.--The Secretary of a military department may
support Federal and commercial space launch capacity on any domestic
real property under the control of the Secretary through the provision
of space launch support services.
``(b) Provision of Launch Equipment and Services to Commercial
Entities.--
``(1) Contract or other transaction authority.--The Secretary
of a military department may enter into a contract or other
transaction with one or more commercial entities that intend to
conduct space launch activities on a military installation under
the jurisdiction of the Secretary. Under such a contract or
agreement, the Secretary may agree to provide to the commercial
entity supplies, services, equipment, and construction needed for
commercial space launch.
``(2) Costs.--
``(A) Direct costs.--If the Secretary of a military
department enters into a contract or other transaction with a
commercial entity under paragraph (1), such contract or
transaction shall include a provision that requires the
commercial entity to reimburse the Department of Defense for
all direct costs to the United States that are associated with
any good, service, or equipment provided to the commercial
entity under the contract or other transaction.
``(B) Indirect costs.--If the Secretary of a military
department enters into a contract or other transaction with a
commercial entity under paragraph (1), such contract or
transaction may include a provision that requires the
commercial entity to reimburse the Department of Defense for
such indirect costs as the Secretary considers to be
appropriate. In such a case, such contract or other transaction
may provide for the reimbursement of such indirect costs
through the establishment of a rate, fixed price, or similar
mechanism the Secretary concerned determines is reasonable.
``(3) Retention of funds collected from commercial users.--Any
amount collected from a commercial entity as a reimbursement under
paragraph (2) shall be credited to the appropriations account from
which the cost for which such reimbursement is provided was
derived.
``(4) Regulations.--The Secretary of each of the military
departments shall prescribe regulations to carry out this
subsection.
``(c) Definitions.--In this section:
``(1) Space launch.--The term `space launch' includes all
activities, supplies, equipment, facilities, or services supporting
launch preparation, launch, reentry, recovery, and other launch-
related activities for both the payload and the space
transportation vehicle.
``(2) Commercial entity.--The term `commercial entity' or
`commercial' means a non-Federal entity organized under the laws of
the United States or of any jurisdiction within the United States.
``(d) Transition Limitations and Reporting Requirements.--For each
of fiscal years 2024, 2025, and 2026, the Secretary of a military
department shall--
``(1) with respect to any contract or other transaction
authority entered into pursuant to subsection (b), limit the amount
of the indirect costs that are reimbursable under paragraph (2)(B)
of such subsection to not more than 30 percent, not to exceed
$5,000,000 annually (based on fiscal year 2024 constant dollars),
of the total amount of the direct costs reimbursable under
paragraph (2)(A) of such subsection; and
``(2) not later than 90 days after the last day of each such
fiscal year, provide for each of the congressional defense
committees a briefing that includes--
``(A) an identification of the total amounts of direct and
indirect costs reimbursed to each spaceport for the fiscal year
covered by the report;
``(B) a description of the support provided by reimbursed
indirect costs for the fiscal year covered by the report; and
``(C) an identification of the rate, fixed price, or
similar mechanism, if any, used to calculate the amount of the
indirect costs that are reimbursable for the fiscal year
following the fiscal year covered by the report.''.
SEC. 1604. PRINCIPAL MILITARY DEPUTY FOR SPACE ACQUISITION AND
INTEGRATION.
Section 9016(b)(6) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) The Assistant Secretary of the Air Force for Space
Acquisition and Integration shall have a Principal Military Deputy
for Space Acquisition and Integration, who shall be an officer of
the Space Force on active duty. The Principal Military Deputy for
Space Acquisition and Integration shall be appointed from among
officers who have significant experience in the areas of
acquisition and program management. The position of Principal
Military Deputy for Space Acquisition and Integration shall be
designated as a critical acquisition position under section 1731 of
this title. In the event of a vacancy in the position of Assistant
Secretary of the Air Force for Space Acquisition and Integration,
the Principal Military Deputy for Space Acquisition and Integration
may serve as Acting Assistant Secretary for Space Acquisition and
Integration for a period of not more than one year.''.
SEC. 1605. MODIFICATION TO UPDATES OF SPACE POLICY REVIEW.
Paragraph (2) of section 1611(c) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
2082) is amended to read as follows:
``(2) Updates.--The Secretary shall provide for updates to the
assessments, analyses, and evaluations carried out pursuant to such
review. The Secretary shall submit to the appropriate congressional
committees a report on any such updates concurrently with the
National Defense Strategy required to be submitted to Congress
under section 113(g) of title 10, United States Code.''.
SEC. 1606. AUTHORIZATION FOR ESTABLISHMENT OF THE NATIONAL SPACE
INTELLIGENCE CENTER AS A FIELD OPERATING AGENCY.
(a) Authorization.--The Secretary of the Air Force may establish
the National Space Intelligence Center as a field operating agency of
the Space Force to analyze and produce scientific and technical
intelligence on space-based and counterspace threats from foreign
adversaries.
(b) Colocation.--If the Secretary of the Air Force decides to
establish the National Space Intelligence Center as a field operating
agency, the Secretary shall consider the operational and geographical
benefits provided by colocating with the National Air and Space
Intelligence Center.
SEC. 1607. INITIAL OPERATIONAL CAPABILITY FOR ADVANCED TRACKING AND
LAUNCH ANALYSIS SYSTEM AND REQUIREMENTS FOR SYSTEM-LEVEL REVIEW.
(a) Advanced Tracking and Launch Analysis System.--
(1) Date for initial operational capability.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
the Air Force shall--
(A) designate a date on which the Advanced Tracking and
Launch Analysis System (commonly referred to as ``ATLAS'') is
expected to achieve initial operational capability; and
(B) notify the congressional defense committees of such
date.
(2) Effect of failure to timely deliver.--If the initial
operational capability for the Advanced Tracking and Launch
Analysis System is not achieved by the date designated under
paragraph (1)(A), the Secretary shall--
(A) terminate the Advanced Tracking and Launch Analysis
System program;
(B) designate an alternative program option that provides a
comparable capability to the capability intended to be provided
by the Advanced Tracking and Launch Analysis System; and
(C) not later than 30 days after such date, notify the
congressional defense committees with respect to--
(i) such termination;
(ii) the designated alternative program option;
(iii) the justification for selecting such option; and
(iv) the estimated time and total costs to completion
of such option.
(b) System-level Review.--
(1) In general.--The Secretary of the Air Force shall seek to
enter into a contract with a federally funded research and
development center under which the center shall, not less
frequently than every 2 years during the period from 2024 through
2032, conduct a review of the space command and control software
acquisition program to assess the ability of such program to build
a software framework that integrates multiple aspects of space
operations to enable the warfighter to command and control space
assets in a time of conflict.
(2) Elements.--Each review under paragraph (1) shall--
(A) evaluate whether and to what extent the software
framework described in such paragraph integrates--
(i) sensor data applicable to the command and control
of space assets;
(ii) information contained in the Unified Data Library
relating to the number and location of space objects; and
(iii) the ability to control space assets based on such
data and information; and
(B) address such other matters as the Secretary of the Air
Force considers necessary.
(3) Briefing.--Not later than 30 days after the conclusion of
each review under paragraph (1), the Secretary of the Air Force
shall provide to the congressional defense committees a briefing on
the findings of the review, including--
(A) an assessment of any deficiency identified in the
review; and
(B) a plan to address such deficiency in a timely manner.
SEC. 1608. USE OF MIDDLE TIER ACQUISITION PROGRAM FOR PROLIFERATED
WARFIGHTER SPACE ARCHITECTURE OF THE SPACE DEVELOPMENT AGENCY.
(a) In General.--The Director of the Space Development Agency shall
use a middle tier acquisition program for the rapid fielding of
satellites and associated systems for each of the following tranches of
the of the proliferated warfighter space architecture of the Agency:
(1) Tranch 1.
(2) Tranch 2.
(3) Tranch 3.
(b) Rapid Prototyping and Fielding.--Any tranche of satellites or
associated systems developed and fielded under subsection (a) shall
have a level of maturity that allows such satellites or systems to be
rapidly prototyped within an acquisition program or rapidly fielded
within five years of the development of an approved requirement for
such satellites or systems.
(c) Designation as Major Capability Acquisition.--
(1) In general.--The Under Secretary of Defense for Acquisition
and Sustainment may designate a tranche described in subsection (a)
as a major capability acquisition program consistent with
Department of Defense Instruction 5000.85, titled ``Major
Capability Acquisition'' and issued on August 6, 2020 (or a
successor instruction).
(2) Notice to congress.--Not later than 90 days before the date
on which a designation under paragraph (1) is made, the Under
Secretary of Defense for Acquisition and Sustainment shall notify
the congressional defense committees of the intent of the Under
Secretary to make such designation and include with such notice a
justification for such designation.
(d) Space Acquisition Council Review and Waiver.--
(1) Review.--In accordance with section 9021 of title 10,
United States Code, the Space Acquisition Council shall review each
tranch described subsection (a) to ensure integration across the
national security space enterprise.
(2) Waiver.--The Space Acquisition Council may waive the
requirements of subsection (a) with respect to a tranch or portion
of a tranch described in such subsection if the Council--
(A) on the basis of the review conducted under paragraph
(1), determines that the use of a middle tier acquisition
program is not warranted for such tranch or portion thereof;
and
(B) not later than 14 days after making such determination,
submits to the congressional defense committees notice of the
intent of the Council to issue such a waiver.
(e) Middle Tier Acquisition Program Defined.--In this section, the
term ``middle tier acquisition program'' means an acquisition program
or project that is carried out using the rapid fielding or rapid
prototyping acquisition pathway under section 804 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 3201 note prec.) in a manner consistent with Department of
Defense Instruction 5000.80, titled ``Operation of the Middle Tier of
Acquisition (MTA)'' and issued on December 30, 2019 (or a successor
instruction).
SEC. 1609. PROCESS AND PLAN FOR SPACE FORCE SPACE SITUATIONAL
AWARENESS.
(a) In General.--The Assistant Secretary of the Air Force for Space
Acquisition and Integration, in consultation with Chief of Space
Operations, shall--
(1) establish a process to regularly identify and evaluate
commercial space situational awareness capabilities, including the
extent to which commercial space situational awareness data could
meet needs of the Space Force with respect to maintaining
situational awareness in space; and
(2) develop and implement a plan to integrate the unified data
library into the operational systems of the Space Force, including
operational systems for space situational awareness and space
command and control missions.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of the Air Force for
Space Acquisition and Integration shall submit to the congressional
defense committees a report that includes a description of the process
and plan developed under subsection (a).
SEC. 1610. PLAN TO IMPROVE THREAT-SHARING ARRANGEMENTS WITH COMMERCIAL
SPACE OPERATORS.
(a) Plan for Threat Sharing With Commercial Space Operators.--The
Assistant Secretary of the Air Force for Space Acquisition and
Integration, in consultation with the Commander of the United States
Space Command, shall develop and implement a plan to expand threat-
sharing arrangements with commercial space operators that are under
contract with the Department of Defense as of the date of the enactment
of this Act.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of the Air Force for
Space Acquisition and Integration, in coordination with the Commander
of the United States Space Command, shall submit to the congressional
defense committees a report on the plan required under subsection (a).
SEC. 1611. PLAN FOR AN INTEGRATED AND RESILIENT SATELLITE
COMMUNICATIONS ARCHITECTURE FOR THE SPACE FORCE.
(a) In General.--The Secretary of the Air Force, in coordination
with the Assistant Secretary of the Air Force for Space Acquisition and
Integration and the Chief of Space Operations, shall--
(1) as part of the force design process for the Space Force,
consider options for the integration of resilient military tactical
satellite communications capabilities;
(2) develop a plan for the integration of such capabilities
into the Space Force, as required under subsection (b); and
(3) ensure that a geostationary small satellite communications
constellation is evaluated for inclusion as a component of the
space data transport force design of the Space Force through, at a
minimum, the end of fiscal year 2027.
(b) Plan for Integration.--
(1) In general.--The Secretary of the Air Force, in
coordination with the Assistant Secretary of the Air Force for
Space Acquisition and Integration and the Chief of Space
Operations, shall develop a plan for an integrated and resilient
satellite communications architecture for the Space Force.
(2) Elements.--The plan under paragraph (1) shall include, at a
minimum, options for--
(A) leveraging commercially available geostationary small
satellite communications technology developed and produced in
the United States;
(B) ensuring sufficient funding for such an integration;
(C) including the unique requirements for small satellite
communications constellations throughout the acquisition and
deployment period, including support for global X-band coverage
and support for secure communications waveforms using on-board
digital processing; and
(D) potential integration of such geostationary small
satellite communications capability into the enterprise
satellite communications management and control (commonly known
as ``ESC-MC'') implementation plan of the Department of
Defense.
(3) Briefing.--Not later than the date specified in paragraph
(4), than the Secretary of the Air Force shall provide to the
congressional defense committees a briefing on the plan developed
under paragraph (1).
(4) Date specified.--The date specified in this subsection is
the earlier of--
(A) July 1, 2024; or
(B) the date on which the Secretary of the Air Force
completes the space data transport force design for the Space
Force.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. MILITARY INTELLIGENCE COLLECTION AND ANALYSIS PARTNERSHIPS.
(a) Use of Funds Other Than Appropriated Funds.--
(1) In general.--Subject to paragraph (2), the Director of the
Defense Intelligence Agency, in coordination with the Director of
National Intelligence, may accept and expend funds from one or more
foreign partners for the foreign partner (or partners, as the case
may be) to share with the Defense Intelligence Agency the expenses
of joint and combined military intelligence collection and analysis
activities.
(2) Limitations.--
(A) Previously denied funds.--Funds accepted under this
section may not be expended, in whole or in part, by or for the
benefit of the Defense Intelligence Agency for any purpose for
which Congress has previously denied funds.
(B) Joint benefit.--The authority under paragraph (1) may
not be used to acquire items or services for the sole benefit
of the United States.
(b) Annual Report.--Not later than March 1, 2025, and annually
thereafter for four years, the Director of the Defense Intelligence
Agency shall submit to the appropriate congressional committees a
report on any funds accepted or expended under this section during the
preceding calendar year, including an identification of the foreign
partner or partners involved and a description of the purpose of such
funds.
(c) Termination.--The authority to accept and expend funds from a
foreign partner pursuant to this section shall terminate on December
31, 2028.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on Intelligence
of the House of Representatives.
Subtitle C--Nuclear Forces
SEC. 1631. ESTABLISHMENT OF MAJOR FORCE PROGRAM FOR NUCLEAR COMMAND,
CONTROL, AND COMMUNICATIONS PROGRAMS.
Chapter 9 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 239e. Nuclear command, control, and communications: major force
program and budget assessment
``(a) Establishment of Major Force Program.--The Secretary of
Defense shall establish a unified major force program for nuclear
command, control, and communications programs pursuant to section
222(b) of this title to prioritize such programs in accordance with the
requirements of the Department of Defense and national security.
``(b) Budget Assessment.--(1) The Secretary shall include with the
defense budget materials for each of fiscal years 2025 through 2030 a
report on the budget for nuclear command, control, and communications
programs of the Department of Defense.
``(2) Each report on the budget for nuclear command, control, and
communications programs of the Department under paragraph (1) shall
include the following:
``(A) An overview of the budget, including--
``(i) a comparison between that budget, the previous
budget, the most recent and prior future-years defense program
submitted to Congress under section 221 of this title (such
comparison shall exclude the responsibility for research and
development of the continuing improvement of such nuclear
command, control, and communications program), and the amounts
appropriated for such nuclear command, control, and
communications programs during the previous fiscal year; and
``(ii) the specific identification, as a budgetary line
item, for the funding under such programs.
``(B) An assessment of the budget, including significant
changes, priorities, challenges, and risks.
``(C) Any additional matters the Secretary determines
appropriate.
``(3) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
``(c) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year, means
the budget for that fiscal year that is submitted to Congress by
the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to a
fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal year.
``(3) The term `nuclear command, control, and communications
programs' means programs through which presidential authority and
operational command and control of nuclear weapons is conducted,
including programs that facilitate senior-level decisions on
nuclear weapons employment.''.
SEC. 1632. TECHNICAL AMENDMENT TO ADDITIONAL REPORT MATTERS ON
STRATEGIC DELIVERY SYSTEMS.
Section 495(b) of title 10, United States Code, is amended in the
matter preceding paragraph (1)--
(1) by striking ``before fiscal year 2020'' and inserting
``prior to the expiration of the Treaty between the United States
of America and the Russian Federation on Measures for the Further
Reduction and Limitation of Strategic Offensive Arms, signed on
April 8, 2010, and entered into force on February 5, 2011 (commonly
referred to as the `New START Treaty'),''; and
(2) by striking ``1043 of the National Defense Authorization
Act for Fiscal Year 2012'' and inserting ``492(a) of this title''.
SEC. 1633. AMENDMENT TO ANNUAL REPORT ON THE PLAN FOR THE NUCLEAR
WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, NUCLEAR WEAPONS DELIVERY
SYSTEMS, AND NUCLEAR WEAPONS COMMAND AND CONTROL SYSTEMS.
Section 492a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Independent Assessment by United States Strategic Command.--
``(1) In general.--Not later than 150 days after the submission
to Congress of the budget of the President under section 1105(a) of
title 31, for each fiscal year the Commander of United States
Strategic Command shall complete an independent assessment of any
operational effects of the sufficiency of the execution, as of the
date of the assessment, of the acquisition, construction, and
recapitalization programs of the Department of Defense and the
National Nuclear Security Administration to modernize the nuclear
forces of the United States and meet current and future deterrence
requirements.
``(2) Contents.--Each assessment required under paragraph (1)
shall include an evaluation of the ongoing execution of
modernization programs associated with--
``(A) the nuclear weapons design, production, and
sustainment infrastructure;
``(B) the nuclear weapons stockpile;
``(C) the delivery systems for nuclear weapons; and
``(D) the nuclear command, control, and communications
system.
``(3) Routing and submission.--
``(A) Submission to nuclear weapons council.--Not later
than 15 days after completion of an assessment required by
paragraph (1), the Commander of United States Strategic Command
shall--
``(i) submit the assessment to the Chairman of the
Nuclear Weapons Council; and
``(ii) notify the congressional defense committees that
the assessment has been submitted to the Chairman of the
Nuclear Weapons Council.
``(B) Submission to congress.--Not later than 15 days after
the Chairman of the Nuclear Weapons Council receives an
assessment required by paragraph (1), the Chairman shall
transmit the assessment, without change, to the congressional
defense committees.''.
SEC. 1634. MATTERS RELATING TO THE ACQUISITION AND DEPLOYMENT OF THE
SENTINEL INTERCONTINENTAL BALLISTIC MISSILE WEAPON SYSTEM.
(a) Modifications to the Intercontinental Ballistic Missile Site
Activation Task Force.--Section 1638 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263) is
amended--
(1) in subsection (b)(1), by inserting ``, who shall report
directly to the Commander of Air Force Global Strike Command''
after ``Modernization''; and
(2) by striking subsection (d)(1) and inserting the following:
``(1) Weapon system.--For purposes of nomenclature and
acquisition life cycle activities ranging from development through
sustainment and demilitarization, each wing level configuration of
the LGM-35A Sentinel intercontinental ballistic missile shall be a
weapon system.''.
(b) Assessment for Needed or Modified Acquisition Authorities.--
(1) Assessment required.--The Secretary of the Air Force shall
conduct an assessment of the Sentinel weapon system program to
determine if any existing, modified, or new acquisition authorities
could be used in future years to--
(A) ensure the program meets current timelines; or
(B) ensure the defense industrial base can adequately plan
for and deliver components, subsystems, and systems in
accordance with the integrated master schedule.
(2) Multi-year procurement authority.--In conducting the
assessment required under paragraph (1), the Secretary shall
evaluate the potential need for multi-year procurement authority.
(3) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit
to the congressional defense committees a report on the findings of
the assessment required under paragraph (1). The report shall
include--
(A) an identification of all authorities covered by the
assessment;
(B) a determination of the effect of each such authority on
the successful delivery of initial- and full-operational
capability to the Sentinel weapon system program; and
(C) in the case of any new authority, an identification of
the year during which the authority should be granted.
SEC. 1635. TASKING AND OVERSIGHT AUTHORITY WITH RESPECT TO
INTERCONTINENTAL BALLISTIC MISSILE SITE ACTIVATION TASK FORCE FOR
SENTINEL PROGRAM.
Section 1638 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2941), as
amended by section 1634, is further amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) inserting after subsection (d), the following new
subsection (e):
``(e) Delegation of Authority.--The Secretary of Defense shall--
``(1) not later than 120 days after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2024,
delegate to the Commander of the Air Force Global Strike Command
such tasking and oversight authorities as the Secretary considers
necessary with respect to other components of the Department of
Defense participating in the Task Force; and
``(2) not later than 30 days after the date of such delegation
of authority, notify the congressional defense committees of the
delegation.''.
SEC. 1636. STUDY OF WEAPONS PROGRAMS THAT ALLOW ARMED FORCES TO ADDRESS
HARD AND DEEPLY BURIED TARGETS.
Section 1674 of the National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263) is amended--
(1) in subsection (e), by inserting ``or fiscal year 2024''
after ``2023''; and
(2) by adding at the end the following new subsection:
``(g) Authorization.--For fiscal year 2024, the Secretary of Energy
may carry out activities related to the development and modification of
a nuclear weapon to provide near-term capabilities that address
portions of the strategy required by subsection (b)(3) using amounts
authorized and appropriated for the sustainment of the B83-1 nuclear
gravity bomb.''.
SEC. 1637. REPEAL OF REQUIREMENT FOR REVIEW OF NUCLEAR DETERRENCE
POSTURES.
Section 1753 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1852) is repealed.
SEC. 1638. RETENTION OF CAPABILITY TO REDEPLOY MULTIPLE INDEPENDENTLY
TARGETABLE REENTRY VEHICLES.
Section 1057 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 495 note) is amended by
inserting ``and Sentinel'' after ``Minuteman III'' both places it
appears.
SEC. 1639. AUTHORIZATION TO ESTABLISH TECHNOLOGY TRANSITION PROGRAM FOR
STRATEGIC NUCLEAR DETERRENCE.
(a) In General.--The Commander of Air Force Global Strike Command
may, through the use of a partnership intermediary, establish a
program--
(1) to carry out technology transition, digital engineering
projects, and other innovation activities supporting the Air Force
nuclear enterprise; and
(2) to identify capabilities for the Air Force nuclear
enterprise that have the potential to generate life-cycle cost
savings and provide data-driven approaches to resource allocation.
(b) Termination.--The program established under subsection (a)
shall terminate on September 30, 2029.
(c) Partnership Intermediary Defined.--In this section, term
``partnership intermediary'' has the meaning given that term in section
23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3715(c)).
SEC. 1640. MATTERS RELATING TO THE NUCLEAR-ARMED, SEA-LAUNCHED CRUISE
MISSILE.
(a) Program Treatment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment, shall--
(1) establish a program for the development of a nuclear-armed,
sea-launched cruise missile capability;
(2) designate such program as a major defense acquisition
program (as defined in section 4201 of title 10, United States
Code) for which the milestone decision authority (as defined in
section 4251 of such title) is the Under Secretary of Defense for
Acquisition and Sustainment;
(3) initiate a nuclear weapon project for the W80-4 ALT
warhead, at phase 6.2 of the phase 6.X process (relating to
feasibility study and down select), to adapt such warhead for use
with the capability described in paragraph (1);
(4) submit to the National Nuclear Security Administration a
formal request, through the Nuclear Weapons Council, requesting
that the Administration participate in and support the W80-4 ALT
warhead project described in paragraph (3); and
(5) designate the Department of the Navy as the military
department to lead the W80-4 ALT nuclear weapon project for the
Department of Defense.
(b) Initial Operational Capability.--The Secretary of Defense and
the Administrator for Nuclear Security shall take such actions as are
necessary to ensure the program and project described subsection (a)
achieve initial operational capability, as defined jointly by the
Secretary of the Navy and the Commander of the United States Strategic
Command, by not later than September 30, 2034.
(c) Limitation on Authority to Approve Production.--The Under
Secretary of Defense for Acquisition and Sustainment may not approve a
Full Rate Production Decision or authorize Full Scale Production (as
those terms are defined in the memorandum of the Nuclear Weapons
Council titled ``Procedural Guidelines for the Phase 6.X Process'' and
dated April 19, 2000) for the W80-4 ALT project until authorized by
Congress.
(d) Briefing.--
(1) In general.--Not later than January 15, 2024, and not later
than each March 1 and September 1 thereafter, the Under Secretary
of Defense for Acquisition and Sustainment, the Secretary of the
Navy, the Administrator for Nuclear Security, and the Commander of
the United States Strategic Command shall jointly provide to the
congressional defense committees a briefing on the progress of the
program and project described in subsection (a).
(2) Contents.--Each briefing required under paragraph (1) shall
include--
(A) a description of significant achievements of the
program and project completed during the period specified in
paragraph (3) and any planned objectives that were not achieved
during such period;
(B) for the 180-day period following the briefing--
(i) planned objectives for the program and project; and
(ii) anticipated spending plans for the program and
project;
(C) a description of any notable technical hurdles that
could impede timely completion of the program and project; and
(D) any other information the Under Secretary of Defense
for Acquisition and Sustainment considers appropriate.
(3) Period specified.--The period specified in this paragraph
is--
(A) in the case of the first briefing required by paragraph
(1), the 180-day period preceding the briefing; and
(B) in the case of any subsequent such briefing, the period
since the previous such briefing.
(4) Termination.--The requirement to provide briefings under
paragraph (1) shall terminate on the date that the program and
project described subsection (a) achieve initial operational
capability, as defined jointly by the Secretary of the Navy and the
Commander of the United States Strategic Command.
(e) Assessment and Report.--
(1) In general.--The Secretary of the Navy shall complete an
assessment, in response to the courses of action developed by the
Joint Staff in response to the report of the Secretary of Defense
under subsection 1642(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136
Stat. 2945), of the actions required to effectively deploy a
nuclear sea-launched cruise missile from a Virginia class submarine
and such other platforms as the Secretary determines appropriate.
(2) Elements.--The assessment under paragraph (1) shall address
the following:
(A) Any hardware, software, manning, or certification
modifications to platforms that are required to accommodate the
nuclear sea-launched cruise missile on such platforms.
(B) Any required modifications to port facilities that
would host platforms carrying the nuclear sea-launched cruise
missile, including any modifications relating to physical
security and monitoring.
(C) Effects on manning associated with the handling,
storage, and operations of nuclear sea-launched cruise missiles
at affected facilities of the Navy.
(D) Funding and schedule estimates to complete any actions
identified under subparagraphs (A) through (C).
(3) Report required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees a report on the results of
the assessment conducted under paragraph (1), including the results
of the assessment with respect to each element specified in
paragraph (2).
(f) Limitation on Availability of Funds Pending Submittal of
Report.--Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2024 for the Department of the
Navy, and available for the Office of the Secretary of the Navy for the
travel of persons, not more than 90 percent may be obligated or
expended until the date on which the final report required under
section 1642(b)(2) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat.
2945) has been submitted to the congressional defense committees.
(g) Phase 6.x Process Defined.--In this section, the term ``phase
6.X process'' means the phase 6.X process for major stockpile
sustainment activities set forth in the memorandum of the Nuclear
Weapons Council titled ``Procedural Guidelines for the Phase 6.X
Process'' and dated April 19, 2000.
SEC. 1641. REQUIREMENTS RELATING TO OPERATIONAL SILOS FOR THE SENTINEL
INTERCONTINENTAL BALLISTIC MISSILE.
The Secretary of the Air Force shall refurbish and make operable
not fewer than 150 silos for the LGM-35A Sentinel intercontinental
ballistic missile at each of the following locations:
(1) Francis E. Warren Air Force Base, Laramie County, Wyoming.
(2) Malmstrom Air Force Base, Cascade County, Montana.
(3) Minot Air Force Base, Ward County, North Dakota.
SEC. 1642. LONG-TERM SUSTAINMENT OF SENTINEL ICBM GUIDANCE SYSTEM.
(a) In General.--Prior to issuing a Milestone C decision for the
program to develop the LGM-35A Sentinel intercontinental ballistic
missile system (referred to in this section as the ``Sentinel''), the
Under Secretary of Defense for Acquisition and Sustainment shall
certify to the congressional defense committees that there is a long-
term capability in place to maintain and modernize the guidance system
of the Sentinel over the full life cycle of the Sentinel.
(b) Certification Elements.--The certification described in
subsection (a) shall include a list of capabilities to maintain and
advance--
(1) accelerometers;
(2) gyroscopes;
(3) guidance computers;
(4) specialized mechanical and retaining assemblies;
(5) test equipment; and
(6) such other components to ensure the guidance system will be
maintained and modernized over the life of the Sentinel.
SEC. 1643. INTEGRATED MASTER SCHEDULE FOR THE SENTINEL MISSILE PROGRAM
OF THE AIR FORCE.
(a) Documentation Required.--Not later than 30 days after the date
of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, acting through the Assistant Secretary of
the Air Force for Acquisition, Technology, and Logistics, shall submit
to the congressional defense committees an approved integrated master
schedule for the Sentinel missile program of the Air Force.
(b) Additional Requirements.--The Under Secretary of Defense for
Acquisition and Sustainment shall ensure that the integrated master
schedule submitted under subsection (a)--
(1) is consistent with the scheduling best practices set forth
in the publication of the Government Accountability Office titled
``Schedule Assessment Guide: Best Practices for Project Schedules''
(GAO-16-89G), dated December 2015 (or any successor to such guide);
(2) addresses the full scope of work required under the
sentinel missile program; and
(3) fully integrates contractor and government activities.
(c) Monthly Briefings.--Not later than 180 days after the date of
the enactment of this Act, and on a monthly basis thereafter until
January 1, 2029, the Secretary of the Air Force shall provide to the
congressional defense committees a briefing on the progress of the
Sentinel missile program, which shall include an update on the progress
of all subsystems and elements associated with achieving full
operational capability of the weapons system.
(d) Notification.--Not later than 30 days after the Secretary of
the Air Force becomes aware of an event that is expected to delay, by
more than one fiscal quarter, the date on which Sentinel missile
achieves initial operational capability (as set forth in the integrated
master schedule submitted under subsection (a)), the Secretary shall--
(1) submit notice of such delay to the congressional defense
committees; and
(2) include with such notice--
(A) an explanation of the factors causing such delay; and
(B) a plan to prevent or minimize the duration of such
delay.
SEC. 1644. OPERATIONAL TIMELINE FOR STRATEGIC AUTOMATED COMMAND AND
CONTROL SYSTEM.
(a) In General.--The Secretary of the Air Force shall develop a
replacement of the Strategic Automated Command and Control System
(SACCS) by not later than the date on which the LGM-35A Sentinel
intercontinental ballistic missile program reaches initial operational
capability.
(b) Replacement Capabilities.--The replacement required by
subsection (a) shall--
(1) replace the SACCS base processors;
(2) replace the SACCS processors at launch control centers;
(3) provide internet protocol connectivity for wing-wide
command centers of the LGM-35A Sentinel intercontinental ballistic
missile program; and
(4) include such other capabilities necessary to address the
evolving requirements of the LGM-35A Sentinel intercontinental
ballistic missile program as the Secretary considers appropriate.
SEC. 1645. PILOT PROGRAM ON DEVELOPMENT OF REENTRY VEHICLES AND RELATED
SYSTEMS.
(a) In General.--The Secretary of the Air Force may carry out a
pilot program, to be known as the ``Reentry Vehicle Flight Test Bed
Program'', to assess the feasibility of providing regular flight test
opportunities that support the development of reentry vehicles to--
(1) facilitate technology upgrades tested in a realistic flight
environment;
(2) provide an enduring, high-cadence test bed to mature
technologies for planned reentry vehicles; and
(3) transition technologies developed under other programs and
projects relating to long-range ballistic or hypersonic strike
missiles from the research and development or prototyping phases
into operational use.
(b) Grants, Contracts, and Other Agreements.--
(1) Authority.--In carrying out a pilot program under this
section, the Secretary may, subject to paragraph (2), award grants
and enter into contracts or other agreements with appropriate
entities for the conduct of relevant flight tests of reentry
vehicles and systems.
(2) Grant and contract requirements.--
(A) Merit-based grants.--Any grant under paragraph (1)
shall be awarded through merit-based selection procedures.
(B) Competitive contract procedures.--Any contract or other
agreement under paragraph (1) shall be awarded using
competitive procedures (as defined in section 3012 of title 10,
United States Code).
(3) Use of funds.--An entity that receives a grant, or enters
into a contract or other agreement, as part of a pilot program
carried out under this section shall use the grant, or any amount
received under the contract or other agreement, to carry out one or
more of the following activities:
(A) Conducting flight tests to develop or validate--
(i) aeroshell design;
(ii) thermal protective systems;
(iii) guidance and control systems;
(iv) sensors;
(v) communications;
(vi) environmental sensors; or
(vii) other relevant technologies.
(B) Expanding flight test opportunities through low-cost,
high-cadence platforms.
(c) Coordination.--If the Secretary of the Air Force carries out a
pilot program under this section, the Secretary shall ensure that the
activities under the pilot program are carried out in coordination with
the Secretary of Defense and the Secretary of the Navy.
(d) Termination.--The authority to carry out a pilot program under
this section shall terminate on December 31, 2029.
SEC. 1646. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2024 for the Department of Defense may be
obligated or expended for the following, and the Department may not
otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or alert
level of the intercontinental ballistic missiles of the United
States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
(3) Facilitating the transition from the Minuteman III
intercontinental ballistic missile to the Sentinel intercontinental
ballistic missile (previously referred to as the ``ground-based
strategic deterrent weapon'').
SEC. 1647. LIMITATION ON AVAILABILITY OF FUNDS PENDING COMPLIANCE WITH
INFORMATION REQUESTS FROM THE GOVERNMENT ACCOUNTABILITY OFFICE.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2024 for Operation and Maintenance,
Defense-wide, and available for the Office of the Under Secretary of
Defense for Policy, not more than 35 percent may be obligated or
expended until the date on which the Comptroller General of the United
States notifies the congressional defense committees that the Secretary
of Defense has fully complied with information requests from the
Government Accountability Office made in connection with the conduct of
the study required by section 1652 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
2100).
SEC. 1648. CONGRESSIONAL NOTIFICATION OF DECISION TO DELAY STRATEGIC
DELIVERY SYSTEM TEST EVENT.
(a) Notification.--Not later than five days after the Secretary of
Defense makes a decision to delay a scheduled test event for a
strategic delivery system, the Secretary shall submit to the
congressional defense committees written notice of such decision.
(b) Report.--
(1) In general.--Except as provided in paragraph (3), not later
than 60 days after the submission of a notification required under
subsection (a) with respect to a decision to delay a scheduled test
event, the Secretary shall submit to the congressional defense
committees a report on the decision.
(2) Elements required.--A report submitted under paragraph (1)
shall include each of the following with respect to the scheduled
test event covered by the report:
(A) A description of the objectives of the test.
(B) An explanation for the decision to cancel the test.
(C) An estimate of expenditures related to the cancelled
test.
(D) An assessment of the effect of the test cancellation
on--
(i) confidence in the reliability of the strategic
nuclear weapons delivery system involved; and
(ii) any research, development, test, and evaluation
activities related to the test.
(E) A plan to reschedule the test event.
(3) Exception.--A report shall not be required under paragraph
(1) in the case of a decision to delay a scheduled test event due
to any of the following circumstances:
(A) Unfavorable weather conditions.
(B) Safety concerns.
(C) Technical issues related to the delivery system or test
facility.
(D) Operational or security concerns at the test facility
or on the test range.
SEC. 1649. CONGRESSIONAL NOTIFICATION OF NUCLEAR COOPERATION BETWEEN
RUSSIA AND CHINA.
If the Commander of the United States Strategic Command determines,
after consultation with the Director of the Defense Intelligence
Agency, that militarily significant cooperation between the Russian
Federation and the People's Republic of China related to nuclear or
strategic capabilities is likely to occur or has likely occurred, the
Commander shall submit to the congressional defense committees a
notification of such determination that includes--
(1) a description of the military significant cooperation; and
(2) an assessment of the implication of such cooperation for
the United States with respect to nuclear deterrence, extended
deterrence, assurance, and defense.
SEC. 1650. PLAN FOR DECREASING THE TIME TO UPLOAD ADDITIONAL WARHEADS
TO THE INTERCONTINENTAL BALLISTIC MISSILE FLEET.
(a) In General.--The Secretary of the Air Force, in coordination
with the Commander of the United States Strategic Command and the
Assistant Secretary of Defense for Space Policy, shall develop a plan
to decrease the amount of time required to upload additional warheads
to the intercontinental ballistic missile force in the event
Presidential direction is given to exercise such a plan.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) An assessment of the storage capacity of weapons storage
areas and any weapons generation facilities at covered bases,
including the capacity of each covered base to store additional
warheads.
(2) An assessment of the current nuclear warhead transportation
capacity and workforce of the National Nuclear Security
Administration and associated timelines for transporting additional
nuclear warheads to covered bases.
(3) An evaluation of the capacity and limitations of the
maintenance squadrons and security forces at covered bases and the
associated timelines for adding warheads to the intercontinental
ballistic missile force.
(4) An identification of actions that would address any
identified limitations to upload additional warheads.
(5) An evaluation of courses of actions to upload additional
warheads to a portion of the intercontinental ballistic missile
force.
(6) An assessment of the feasibility and advisability of
initiating immediate deployment of W78 warheads to a single wing of
the intercontinental ballistic missile force as a hedge against
delay of the LGM-35A Sentinel intercontinental ballistic missile.
(7) Any policy considerations that would need to be addressed,
including any guidance and direction that would required, to
execute the plan.
(8) An identification of all funding required to carry out
actions identified in paragraphs (4) and (5).
(c) Submission to Congress.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Air Force and the
Commander of the United States Strategic Command shall submit to the
congressional defense committees the plan required by subsection (a).
(d) Form.--The plan required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Briefing.--Not later than 30 days after the submission of the
plan required by subsection (a), the Secretary of the Air Force, the
Commander of the United States Strategic Command, and the Assistant
Secretary of Defense for Space Policy shall provide for the
congressional defense committees a briefing on the actions being
pursued to implement the plan.
(f) Covered Base Defined.--The term ``covered base'' means the
following:
(1) Francis E. Warren Air Force Base, Laramie County, Wyoming.
(2) Malmstrom Air Force Base, Cascade County, Montana.
(3) Minot Air Force Base, Ward County, North Dakota.
Subtitle D--Missile Defense Programs
SEC. 1661. DEPUTY DIRECTOR OF OFFICE OF MISSILE DEFENSE AGENCY.
Section 205 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``a general or flag
officer'' after ``shall be''; and
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Deputy Director.--(1) There is a Deputy Director of the
Missile Defense Agency, who shall be appointed by the Secretary of
Defense from among the general officers on active duty in the Army, Air
Force, Marine Corps, or Space Force, or from among the flag officers on
active duty in the Navy. In selecting an individual to serve as the
Deputy Director, the Secretary of Defense shall select an individual
who serves in a different armed force than the armed force in which the
Director serves.
``(2) The Deputy Director shall be appointed for a term of not
fewer than two, and not more than four years.
``(3) The Deputy Director shall be under the authority, direction,
and control of the Director of the Missile Defense Agency.
``(4) The Deputy Director shall--
``(A) carry out such responsibilities as may be assigned by the
Director; and
``(B) serve as acting director during periods of absence by the
Director, or at such times as the office of the Director is
vacant.''.
SEC. 1662. MODIFICATION OF PROGRAM ACCOUNTABILITY MATRICES REQUIREMENTS
FOR NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE.
Section 1668(f) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2107) is amended--
(1) by inserting ``and the product development phase'' after
``technology development phase'' each place it appears; and
(2) in paragraph (7), by striking ``enter the product
development phase'' and inserting ``enter the production phase''.
SEC. 1663. NATIONAL MISSILE DEFENSE POLICY.
Subsection (a) of section 1681 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C.
4205 note) is amended to read as follows:
``(a) Policy.--It is the policy of the United States--
``(1) to research, develop, test, procure, deploy, and sustain,
with funding subject to the annual authorization of appropriations
for National Missile Defense, systems that provide effective,
layered missile defense capabilities to defeat increasingly complex
missile threats in all phases of flight; and
``(2) to rely on nuclear deterrence to address more
sophisticated and larger quantity near-peer intercontinental
missile threats to the homeland of the United States.''.
SEC. 1664. MODIFICATION OF REQUIREMENT FOR COMPTROLLER GENERAL TO
REVIEW AND ASSESS MISSILE DEFENSE ACQUISITION PROGRAMS.
Section 232(a) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1339) is amended--
(1) in paragraph (1), by striking ``through 2025'' and
inserting ``through 2030'';
(2) in paragraph (2), by striking ``through 2026'' and
inserting ``through 2031''; and
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``emerging'' and
inserting ``other department of defense missile defense
acquisition efforts and related'';
(B) by striking ``emerging issues and'' and inserting
``emerging issues, any Department of Defense missile defense
acquisition efforts, and any other related issue and''; and
(C) by inserting ``on a mutually agreed upon date'' before
the period at the end.
SEC. 1665. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2024 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $80,000,000 may be provided to the Government of Israel
to procure components for the Iron Dome short-range rocket defense
system through co-production of such components in the United
States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be available
subject to the terms and conditions in the Agreement Between
the Department of Defense of the United States of America and
the Ministry of Defense of the State of Israel Concerning Iron
Dome Defense System Procurement, signed on March 5, 2014, as
amended to include co-production for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the
implementation of such agreement; and
(iii) for system improvements resulting in modified
Iron Dome components and Tamir interceptor sub-components,
a certification that the Government of Israel has
demonstrated successful completion of Production Readiness
Reviews, including the validation of production lines, the
verification of component conformance, and the verification
of performance to specification as defined in the Iron Dome
Defense System Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's Sling
Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2024 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $40,000,000 may be provided to the Government of Israel
to procure the David's Sling Weapon System, including for co-
production of parts and components in the United States by United
States industry.
(2) Agreement.--Provision of funds specified in paragraph (1)
shall be subject to the terms and conditions in the bilateral co-
production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States industry
for the David's Sling Weapon System is not less than 50
percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge points,
technical milestones, and Production Readiness Reviews required
by the research, development, and technology agreement and the
bilateral co-production agreement for the David's Sling Weapon
System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier
Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2024 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $80,000,000 may be provided to the Government of Israel
for the Arrow 3 Upper Tier Interceptor Program, including for co-
production of parts and components in the United States by United
States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and Production Readiness Reviews required by the
research, development, and technology agreement for the Arrow 3
Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of
co-production of parts and components on the basis of the
greatest practicable co-production of parts, components,
and all-up rounds (if appropriate) by United States
industry and minimizes nonrecurring engineering and
facilitization expenses to the costs needed for co-
production;
(ii) complete transparency on the requirement of Israel
for the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts
and components and procurement;
(iv) a joint affordability working group to consider
cost reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection (b) and
paragraph (2) of subsection (c), the Under Secretary may submit--
(1) one certification covering both the David's Sling Weapon
System and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the congressional
defense committees the certification and assessment under subsection
(b)(3) and the certification under subsection (c)(2) no later than 30
days before the funds specified in paragraph (1) of subsections (b) and
(c) for the respective system covered by the certification are provided
to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives.
SEC. 1666. PROGRAMS TO ACHIEVE INITIAL AND FULL OPERATIONAL
CAPABILITIES FOR THE GLIDE PHASE INTERCEPTOR PROGRAM.
(a) Program to Achieve Initial Operational Capability.--
(1) In general.--The Secretary of Defense, acting through the
Director of the Missile Defense Agency and in coordination with the
officials specified in subsection (d), shall carry out a program to
achieve, by not later than December 31, 2029, an initial
operational capability for the Glide Phase Interceptor as described
in paragraph (2).
(2) Required capabilities.--For purposes of paragraph (1), the
Glide Phase Interceptor program shall be considered to have
achieved initial operational capability if--
(A) the Glide Phase Interceptor is capable of defeating, in
the glide phase, any endo-atmospheric hypersonic vehicles that
are known to the Department of Defense and fielded as of the
date of the enactment of this Act; and
(B) not fewer than 12 Glide Phase Interceptor missiles have
been fielded.
(b) Program to Achieve Full Operational Capability.--
(1) Program required.--The Secretary of Defense, acting through
the Director of the Missile Defense Agency and in coordination with
the officials specified in subsection (d), shall carry out a
program to achieve, by not later than December 31, 2032, full
operational capability for the Glide Phase Interceptor as described
in paragraph (2).
(2) Required capabilities.--For purposes of paragraph (1), the
Glide Phase Interceptor program shall be considered to have
achieved full operational capability if--
(A) the Glide Phase Interceptor is capable of defeating, in
the glide phase, any endo-atmospheric hypersonic vehicles--
(i) that are known to the Department of Defense and
fielded as of the date of the enactment of this Act; and
(ii) that the Department of Defense expects to be
fielded before the end of 2040;
(B) not fewer than 24 Glide Phase Interceptor missiles have
been fielded; and
(C) the Glide Phase Interceptor has the ability to be
operated collaboratively with space-based or terrestrial
sensors that the Department of Defense expects to be deployed
before the end of 2032.
(c) Cooperative Agreement Authorized.--The Director of the Missile
Defense Agency is authorized to enter into a cooperative development
agreement with one or more international partners of the United States
for the development of the full operational capability described in
subsection (b).
(d) Officials Specified.--The officials specified in this
subsection are the following:
(1) The Under Secretary of Defense for Research and
Engineering.
(2) The Secretary of the Navy.
(3) The Commander of the United States Indo-Pacific Command.
(4) The Commander of the United States European Command.
SEC. 1667. RESCISSION OF MEMORANDUM ON MISSILE DEFENSE GOVERNANCE.
Not later than May 31, 2024, the Secretary of Defense shall--
(1) rescind Directive-type Memorandum 20-002 relating to
``Missile Defense System Policies and Governance''; and
(2) in accordance with section 205(b) of title 10, United
States Code, replace such memorandum with governance documents,
policies, and procedures, that balance--
(A) providing the Missile Defense Agency with greater
flexibility and agility, particularly with regards to milestone
a (or equivalent) acquisition decisions to rapidly meet
warfighter needs; and
(B) the need for continued oversight to ensure integration
into joint-force air and missile defense capabilities.
SEC. 1668. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF COST
ASSESSMENT AND PROGRAM EVALUATION UNTIL SUBMISSION OF REPORT ON MISSILE
DEFENSE ROLES AND RESPONSIBILITIES.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2024 for operation and maintenance,
Defense-wide, for the Office of Cost Assessment and program evaluation,
not more than 50 percent may be obligated or expended until the date on
which the Secretary of Defense submits to the congressional defense
committees the report required by section 1675(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81).
SEC. 1669. STRATEGY FOR INTEGRATED AIR AND MISSILE DEFENSE OF HAWAII
AND THE INDO-PACIFIC REGION.
(a) Strategy.--
(1) In general.--The Commander of United States Indo-Pacific
Command, in coordination with the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of Defense for
Policy, the Commander of United States Northern Command, the
Director of the Missile Defense Agency, and the Director of the
Joint Integrated Air and Missile Defense Organization, shall
develop a comprehensive strategy for developing, acquiring, and
operationally establishing an integrated air and missile defense
architecture for area of responsibility of the United States Indo-
Pacific Command.
(2) Strategy components.--At a minimum, the strategy required
by paragraph (1) shall address each of the following:
(A) The sensing, tracking, and intercepting capabilities
required to address the full range of credible missile threats
to--
(i) the Hawaiian Islands;
(ii) the island of Guam and other islands in the
greater Marianas region, as determined necessary by the
Commander of United States Indo-Pacific Command;
(iii) other territories of the United States located
within the area of responsibility of the United States
Indo-Pacific Command; and
(iv) United States Armed Forces deployed within the
territories of other countries located within such area of
responsibility.
(B) The appropriate balance of missile detection, tracking,
defense, and defeat capabilities in such area of
responsibility.
(C) A command and control network for integrating missile
detection, tracking, defense, and defeat capabilities across
such area of responsibility.
(D) A time-phased scheduling construct for fielding the
constituent systems that will comprise the integrated air and
missile defense architecture for such area of responsibility.
(b) Reporting Requirements.--
(1) Report on initial findings.--Not later than 90 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 findings of the analysis conducted by Cost Assessment and
Program Evaluation of the current integrated air and missile
defense sensor architecture that informed the submission of the
budget of the President (as submitted to Congress pursuant to
section 1105(a) of title 31, United States Code) for fiscal year
2024, and specific programs of record that can support additional
sensor coverage for the State of Hawaii. Such report shall include
an identification of--
(A) the investments that should be made to increase the
detection of nonballistic threats and improve the
discrimination of ballistic missile threats, particularly with
regards to Hawaii; and
(B) investments that should be made to integrate any
sensors into the missile defense system to assist with
protection of Hawaii.
(2) Annual report.--
(A) In general.--Not later than April 15, 2024, and
annually thereafter, the Commander of United States Indo-
Pacific Command, in coordination with the Under Secretary of
Defense for Acquisition and Sustainment, the Under Secretary of
Defense for Policy, the Commander of United States Northern
Command, the Director of the Missile Defense Agency, and the
Director of the Joint Integrated Air and Missile Defense
Organization, shall submit to the congressional defense
committees an annual report on the status of the strategy
required under subsection (a).
(B) Report criteria.--At a minimum, each annual report
under subparagraph (A) shall address--
(i) the activities conducted and progress made in
developing and implementing the strategy over the calendar
year preceding the calendar year during which the report is
submitted;
(ii) the planned activities for developing and
implementing the strategy in the calendar year following
the calendar year during which the report is submitted; and
(iii) a description of likely risks and impediments to
the successful implementation of the strategy.
(C) Termination.--The requirement to submit a report under
this paragraph shall terminate on the earlier of the following
dates:
(i) March 15, 2029.
(ii) The date on which a comprehensive integrated air
and missile defense architecture for the area of
responsibility of United States Indo-Pacific Command has
achieved initial operational capability, as determined
jointly by the Commander of United States Indo-Pacific
Command and the Director of the Missile Defense Agency.
(3) Limitation.--Of the funds authorized to be appropriated by
this Act for fiscal year 2024 for Operation and Maintenance,
Defense-wide, and available for the Office of the Under Secretary
of Defense for Policy, not more than 90 percent may be obligated or
expended until the date on which both of the following reports are
submitted to the congressional defense committees:
(A) The report on initial findings required by paragraph
(1).
(B) The first annual report required by paragraph (2)(A).
SEC. 1670. REPORT ON POTENTIAL ENHANCEMENTS TO INTEGRATED AIR AND
MISSILE DEFENSE CAPABILITIES IN EUROPE.
(a) In General.--Not later than 240 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the officials specified in subsection (c), shall submit to the
congressional defense committees a report on potential enhancements to
U.S. and allied air and missile defense capabilities that could
contribute to the integrated air and missile defense capability of the
North Atlantic Treaty Organization (NATO).
(b) Elements.--The report required by subsection (a) shall
include--
(1) identification of potential enhancements to U.S. and allied
air and missile defense capabilities as described in such
subsection taking into account a 360-degree approach tailored to
address threats to NATO member nations emanating from all strategic
directions;
(2) a description of--
(A) the efforts of NATO to increase its integrated air and
missile defense capability, taking into account, as
applicable--
(i) NATO's Deterrence and Defense of the Euro-Atlantic
Area Family of Plans;
(ii) NATO's Defense Planning Process; and
(iii) other activities of NATO relating to such
capability; and
(B) any challenges to such efforts;
(3) an assessment of the operational, political, and technical
feasibility and advisability of developing, fielding, modifying,
integrating, or otherwise employing current and future U.S. and
allied air and missile defense capabilities to further improve the
ability of the integrated air and missile defense capability of
NATO to protect against any type of air or missile threat or attack
(such as threats and attacks from cruise, ballistic, and hypersonic
missiles), including--
(A) sensors to detect, track, discriminate, and support the
engagement of multi-axial air and missile threats;
(B) defensive interceptor systems;
(C) passive defense options; and
(D) command and control elements;
(4) a funding profile, by year, detailing the complete costs to
the United States associated with the options assessed under
paragraph (3); and
(5) such other information as the Secretary of Defense
considers appropriate.
(c) Consultation.--In preparing the report required by subsection
(a), the Secretary of Defense shall seek advice and input from--
(1) the Secretary of State;
(2) Chairman of the Joint Chiefs of Staff;
(3) the Commander of the United States European Command; and
(4) the Director of the Missile Defense Agency.
(d) Form of Report.--The report required by section (a) shall be
submitted in unclassified form, but may include a classified annex.
(e) Definition.--In this section, the term ``U.S. and allied air
and missile defense capabilities'' means air and missile defense
capabilities of--
(1) the United States; and
(2) nations that are allies or partners of the United States.
SEC. 1671. INDEPENDENT ANALYSIS OF SPACE-BASED MISSILE DEFENSE
CAPABILITY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Director of the Missile Defense Agency, shall seek to enter into an
arrangement with an appropriate federally funded research and
development center to update the study referred to in subsection (c).
(b) Elements.--The updated study under subsection (a) shall include
analysis of the following:
(1) The extent to which space-based capabilities would address
current and evolving missile threats to the United States and
deployed Armed Forces.
(2) The maturity levels of technologies necessary for an
operational space-based missile defense capability.
(3) Potential options for developing, fielding, operating, and
sustaining a space-based missile defense capability, including--
(A) estimated costs; and
(B) assessments of the effectiveness of different
architectures.
(4) The technical risks, knowledge gaps, or other challenges
associated with the development and operation of space-based
interceptor capabilities.
(5) The ability of the Department of Defense to protect and
defend on-orbit space-based missile defense capabilities, including
any recommendations for resiliency requirements that would be
needed to ensure the effectiveness of such capabilities.
(c) Study Specified.--The study referred to in this subsection is
the study conducted by the federally funded research and development
center known as the ``Institute for Defense Analysis'' examining the
feasibility and advisability of developing a space-based missile
defense capability.
(d) Report.--
(1) In general.--Not later than 270 days after entering into an
arrangement under subsection (a), the Secretary of Defense shall
submit to the congressional defense committees a report that
includes--
(A) an unaltered copy of the updated study completed
pursuant to the arrangement; and
(B) any views of the Secretary of Defense with respect to
such updated study.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
Subtitle E--Other Matters
SEC. 1681. EXTENSION OF AUTHORIZATION FOR PROTECTION OF CERTAIN
FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.
Section 130i(i) of title 10, United States Code, is amended by
striking ``2023'' both places it appears and inserting ``2026''.
SEC. 1682. ELECTROMAGNETIC WARFARE.
(a) In General.--Part I of subtitle A of title 10, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 25--ELECTROMAGNETIC WARFARE
``500. Electromagnetic Spectrum Operations Executive Committee.
``500a. Guidance on electromagnetic spectrum operations mission area and
joint electromagnetic spectrum operations.
``500b. Annual report on electromagnetic spectrum operations strategy of
the Department of Defense.
``500c. Annual assessment of budget with respect to electromagnetic
spectrum operations capabilities.
``500d. Electromagnetic spectrum superiority implementation plan.
``500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint
Electromagnetic Spectrum Operations.
``500f. Evaluations of abilities of armed forces and combatant commands
to perform electromagnetic spectrum operations missions.
``Sec. 500. Electromagnetic Spectrum Operations Executive Committee
``(a) In General.--There is within the Department of Defense an
Electromagnetic Spectrum Operations Executive Committee (in this
section referred to as the `Executive Committee').
``(b) Purposes.--The Executive Committee shall--
``(1) serve as the principal forum within the Department of
Defense to inform, coordinate, and evaluate matters relating to
electromagnetic warfare;
``(2) provide senior oversight, coordination, and budget and
capability harmonization with respect to such matters; and
``(3) act as an advisory body to the Secretary of Defense, the
Deputy Secretary of Defense, and the Management Action Group of the
Deputy Secretary with respect to such matters.
``(c) Responsibilities.--The Executive Committee shall--
``(1) advise key senior level decision-making bodies of the
Department of Defense with respect to the development and
implementation of acquisition investments relating to
electromagnetic warfare and electromagnetic spectrum operations of
the Department, including relevant acquisition policies, projects,
programs, modeling, and test and evaluation infrastructure;
``(2) provide a forum to enable synchronization and integration
support with respect to the development and acquisition of
electromagnetic warfare capabilities by--
``(A) aligning the processes of the Department for
requirements, research, development, acquisition, testing, and
sustainment; and
``(B) carrying out other related duties; and
``(3) act as the senior level review forum for the portfolio of
capability investments of the Department relating to
electromagnetic warfare and electromagnetic spectrum operations and
other related matters.
``(d) Coordination With Intelligence Community.--The Executive
Committee, acting through the Under Secretary of Defense for
Intelligence and Security, shall coordinate with the intelligence
community (as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)) to generate requirements, facilitate collaboration,
establish interfaces, and align efforts of the Department of Defense
with respect to capabilities and acquisition activities related to
electromagnetic spectrum operations in areas of dependency or mutual
interest.
``(e) Meetings.--(1) The Executive Committee shall hold meetings
not less frequently than quarterly and as necessary to address
particular issues.
``(2) The Executive Committee may hold meetings by video
conference.
``(f) Membership.--The Executive Committee shall be composed of the
following principal members:
``(1) The Under Secretary of Defense for Acquisition and
Sustainment.
``(2) The Vice Chairman of the Joint Chiefs of Staff.
``(3) The Under Secretary of Defense for Intelligence and
Security.
``(4) The Under Secretary of Defense for Policy.
``(5) The Commander of the United States Strategic Command.
``(6) The Chief Information Officer of the Department of
Defense.
``(7) Such other Federal officers or employees as the Secretary
of Defense considers appropriate, consistent with other authorities
of the Department of Defense and publications of the Joint Staff,
including the Charter for the Electronic Warfare Executive
Committee, dated March 17, 2015.
``(g) Co-chairs of Executive Committee.--(1) The Under Secretary of
Defense for Acquisition and Sustainment and the Vice Chairman of the
Joint Chiefs of Staff, or their designees, shall serve as co-chairs of
the Executive Committee.
``(2) The co-chairs of the Executive Committee shall--
``(A) preside at all Executive Committee meetings or have their
designees preside at such meetings;
``(B) provide administrative control of the Executive
Committee;
``(C) jointly guide the activities and actions of the Executive
Committee;
``(D) approve all agendas for and summaries of meetings of the
Executive Committee;
``(E) charter tailored working groups to conduct mission area
analysis, as required, under subsection (i); and
``(F) perform such other duties as may be necessary to ensure
the good order and functioning of the Executive Committee.
``(h) Electromagnetic Spectrum Operations Capability Team.--(1)
There is within the Executive Committee an electromagnetic spectrum
operations capability team, which shall--
``(A) serve as a flag officer level focus group and executive
secretariat subordinate to the Executive Committee; and
``(B) in that capacity--
``(i) provide initial senior level coordination on key
electromagnetic spectrum operations issues;
``(ii) prepare recommended courses of action to present to
the Executive Committee; and
``(iii) perform other related duties.
``(2) The electromagnetic spectrum operations capability team shall
be co-chaired by one representative from the Office of the Under
Secretary of Defense for Acquisition and Sustainment and one
representative from the Force Structure, Resources, and Assessment
Directorate of the Joint Staff (J-8).
``(3) The principal members of the Executive Committee shall
designate representatives from their respective staffs to the
electromagnetic spectrum operations capability team.
``(i) Mission Area Working Groups.--(1) The Executive Committee
shall establish mission area working groups on a temporary basis--
``(A) to address specific issues and mission areas relating to
electromagnetic spectrum operations;
``(B) to involve subject matter experts and components of the
Department of Defense with expertise in electromagnetic spectrum
operations; and
``(C) to perform other related duties.
``(2) The Executive Committee shall dissolve a mission area working
group established under paragraph (1) once the issue the working group
was established to address is satisfactorily resolved.
``(j) Administration.--The Under Secretary of Defense for
Acquisition and Sustainment shall administratively support the
Executive Committee, including by designating not fewer than two
officials of the Department of Defense to support the day-to-day
operations of the Executive Committee.
``(k) Report to Congress.--Not later than February 28, 2024, and
annually thereafter through 2030, the Executive Committee shall submit
to the congressional defense committees a summary of activities of the
Executive Committee during the preceding fiscal year.
``Sec. 501. Guidance on electromagnetic spectrum operations mission
area and joint electromagnetic spectrum operations
``The Secretary of Defense shall--
``(1) establish processes and procedures to develop, integrate,
and enhance the electromagnetic spectrum operations mission area
and the conduct of joint electromagnetic spectrum operations in all
domains across the Department of Defense; and
``(2) ensure that such processes and procedures provide for
integrated defense-wide strategy, planning, and budgeting with
respect to the conduct of such operations by the Department,
including activities conducted to counter and deter such operations
by malign actors.
``Sec. 502. Annual report on electromagnetic spectrum operations
strategy of the Department of Defense
``(a) In General.--At the same time as the President submits to
Congress the budget of the President under section 1105(a) of title 31
for each of fiscal years 2025 through 2029, the Secretary of Defense,
in coordination with the Chief Information Officer of the Department of
Defense, the Chairman of the Joint Chiefs of Staff, and the Secretary
of each of the military departments, shall submit to the congressional
defense committees an annual report on the Electromagnetic Spectrum
Superiority Strategy of the Department of Defense.
``(b) Contents of Report.--Each report required under subsection
(a) shall include each of the following:
``(1) A description and overview of--
``(A) the electromagnetic spectrum strategy of the
Department of Defense;
``(B) how such strategy supports the national defense
strategy under section 113(g) of this title; and
``(C) the organizational structure assigned to oversee the
development of the Department's electromagnetic spectrum
strategy, requirements, capabilities, programs, and projects.
``(2) A list of all the electromagnetic spectrum operations
acquisition programs and research and development projects of the
Department of Defense and a description of how each program or
project supports the Department's electromagnetic spectrum
strategy.
``(3) For each unclassified program or project on the list
required by paragraph (2)--
``(A) the senior acquisition executive and organization
responsible for oversight of the program or project;
``(B) whether or not validated requirements exist for the
program or project and, if such requirements do exist, the date
on which the requirements were validated and the organizational
authority that validated such requirements;
``(C) the total amount of funding appropriated, obligated,
and forecasted by fiscal year for the program or project,
including the program element or procurement line number from
which the program or project receives funding;
``(D) the development or procurement schedule for the
program or project;
``(E) an assessment of the cost, schedule, and performance
of the program or project as it relates to the program baseline
for the program or project, as of the date of the submission of
the report, and the original program baseline for such program
or project, if such baselines are not the same;
``(F) the technology readiness level of each critical
technology that is part of the program or project;
``(G) whether or not the program or project is redundant or
overlaps with the efforts of another military department; and
``(H) the capability gap that the program or project is
being developed or procured to fulfill.
``(4) A classified annex that contains the items described in
subparagraphs (A) through (H) of paragraph (3) for each classified
program or project on the list required by paragraph (2).
``Sec. 503. Annual assessment of budget with respect to electromagnetic
spectrum operations capabilities
``At the same time as the President submits to Congress the budget
of the President under section 1105(a) of title 31 for each of fiscal
years 2025 through 2029, the Secretary of Defense shall submit to the
congressional defense committees an assessment by the Electromagnetic
Spectrum Operations Executive Committee as to whether sufficient funds
are requested in such budget for anticipated activities in such fiscal
year for each of the following:
``(1) The development of an electromagnetic battle management
capability for joint electromagnetic spectrum operations.
``(2) The establishment and operation of associated joint
electromagnetic spectrum operations cells.
``Sec. 504. Electromagnetic spectrum superiority implementation plan
``(a) In General.--The Chief Information Officer of the Department
of Defense shall be responsible for oversight of the electromagnetic
superiority implementation plan.
``(b) Report Required.--Concurrent with the submission of the
budget of the President to Congress under section 1105(a) of title 31
for each of fiscal years 2025 through 2029, the Chief Information
Officer shall submit to the congressional defense committees a report
that includes the following with respect to the electromagnetic
superiority implementation plan:
``(1) The implementation plan in effect as of the date of the
report, noting any revisions from the preceding plan.
``(2) A statement of the elements of the implementation plan
that have been achieved.
``(3) For each element that has been achieved, an assessment of
whether the element is having its intended effect.
``(4) For any element that has not been achieved, an assessment
of progress made in achieving the element, including a description
of any obstacles that may hinder further progress.
``(5) For any element that has been removed from the
implementation plan, a description of the reason for the removal of
the element and an assessment of the impact of not pursuing
achievement of the element.
``(6) Such additional matters as the Chief Information Officer
considers appropriate.
``(c) Electromagnetic Superiority Implementation Plan Defined.--In
this section, the term `electromagnetic superiority implementation
plan' means the Electromagnetic Superiority Implementation Plan signed
by the Secretary of Defense on July 15, 2021, and any successor plan.
``Sec. 505. Electromagnetic Spectrum Enterprise Operational Lead for
Joint Electromagnetic Spectrum Operations
``(a) In General.--Not later than 30 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2024, the Secretary of Defense shall establish an Electromagnetic
Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum
Operations (in this section referred to as the `operational lead') at
the United States Strategic Command. The operational lead shall report
to the Commander of the United States Strategic Command.
``(b) Function.--The operational lead shall be responsible for
synchronizing, assessing, and making recommendations to the Chairman of
the Joint Chiefs of Staff with respect to the readiness of the
combatant commands to conduct joint electromagnetic spectrum
operations.
``(c) Briefings Required.--Concurrent with the submission of the
budget of the President to Congress under section 1105(a) of title 31
for each of fiscal years 2025 through 2029, the Chairman, acting
through the operational lead, shall provide to the congressional
defense committees a briefing on the following:
``(1) Progress made in achieving full operational capability to
conduct joint electromagnetic spectrum operations and any
impediments to achieving such capability.
``(2) The readiness of the combatant commands to conduct such
operations.
``(3) Recommendations for overcoming any deficiencies in the
readiness of the combatant commands to conduct such operations and
any material gaps contributing to such deficiencies.
``(4) Such other matters as the Chairman considers important to
ensuring that the combatant commands are capable of conducting such
operations.
``Sec. 506. Evaluations of abilities of armed forces and combatant
commands to perform electromagnetic spectrum operations missions
``(a) Evaluations of Armed Forces.--(1) Not later than October 1,
2024, and annually thereafter through 2029, the Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff of the Air
Force, the Commandant of the Marine Corps, and the Chief of Space
Operations shall each carry out an evaluation of the ability of the
armed force concerned to perform electromagnetic spectrum operations
missions required by each of the following:
``(A) The Electromagnetic Spectrum Superiority Strategy.
``(B) The Joint Staff-developed concept of operations for
electromagnetic spectrum operations.
``(C) The operations and contingency plans of the combatant
commands.
``(2) Not later than December 31 of each year in which evaluations
are required under paragraph (1), each official specified in that
paragraph shall certify to the congressional defense committees that
the evaluation required to be carried out by that official has
occurred.
``(3) Each evaluation under paragraph (1) shall include an
assessment of the following:
``(A) Current programs of record, including--
``(i) the ability of weapon systems to perform missions in
contested electromagnetic spectrum environments; and
``(ii) the ability of electromagnetic attack with
capabilities to disrupt adversary operations.
``(B) Future programs of record, including--
``(i) the need for distributed or network-centric
electromagnetic warfare and signals intelligence capabilities;
and
``(ii) the need for automated and machine learning- or
artificial intelligence-assisted electromagnetic spectrum
operations capabilities.
``(C) Order of battle.
``(D) Individual and unit training.
``(E) Tactics, techniques, and procedures, including--
``(i) maneuver, distribution of assets, and the use of
decoys; and
``(ii) integration of non-kinetic and kinetic fires.
``(F) Other matters relevant to evaluating the ability of the
armed force concerned to perform electromagnetic spectrum
operations missions described in paragraph (1).
``(b) Evaluations of Combatant Commands.--(1) Not later than
October 1, 2024, and annually thereafter through 2029, the Chairman of
the Joint Chiefs of Staff, acting through the Electromagnetic Spectrum
Enterprise Operational Lead for Joint Electromagnetic Spectrum
Operations established under section 500e (in this section referred to
as the `operational lead'), shall carry out an evaluation of the plans
and posture of the combatant commands to execute the electromagnetic
spectrum operations envisioned in each of the following:
``(A) The Electromagnetic Spectrum Superiority Strategy.
``(B) The Joint Staff-developed concept of operations for
electromagnetic spectrum operations.
``(2) Each evaluation under paragraph (1) shall include an
assessment, as relevant, of the following:
``(A) Operation and contingency plans.
``(B) The manning, organizational alignment, and capability of
joint electromagnetic spectrum operations cells.
``(C) Mission rehearsal and exercises.
``(D) Force positioning, posture, and readiness.
``(3) Not later than December 31 of each year in which an
evaluation is required under paragraph (A), the Chairman of the Joint
Chiefs of Staff, acting through the operational lead, shall brief the
congressional defense committees on the results of the evaluation.''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
subtitle A of title 10, United States Code, and at the beginning of
part I of such subtitle, are each amended by inserting after the item
relating to chapter 24 the following new item:
``25. Electronic Warfare..........................................500''.
(c) Conforming Repeal.--Section 1053 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 113 note) is repealed.
SEC. 1683. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $350,999,000 authorized to be
appropriated to the Department of Defense for fiscal year 2024 in
section 301 and made available by the funding table in division D for
the Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense Cooperative
Threat Reduction Act (50 U.S.C. 3711), the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $6,815,000.
(2) For chemical security and elimination, $16,400,000.
(3) For global nuclear security, $19,406,000.
(4) For biological threat reduction, $228,030,000.
(5) For proliferation prevention, $46,324,000.
(6) For activities designated as Other Assessments/
Administration Costs, $34,024,000.
(b) Specification of Cooperative Threat Reduction Funds.--Funds
appropriated pursuant to the authorization of appropriations in section
301 and made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program shall be
available for obligation for fiscal years 2024, 2025, and 2026.
SEC. 1684. MATTERS RELATING TO SPACE-BASED GROUND AND AIRBORNE MOVING
TARGET INDICATION SYSTEMS.
(a) In General.--The Secretary of the Air Force shall be
responsible for presenting space-based ground and airborne moving
target indication systems to the combatant commands to accomplish
missions assigned to such commands under the Unified Command Plan
that--
(1) are primarily or fully funded by the Department of Defense;
and
(2) provide near real-time, direct support to satisfy the
operational requirements of such commands.
(b) Milestone Decision Authority.--The Secretary of the Air Force,
in consultation with the Director of National Intelligence, shall be
milestone decision authority (as defined in section 4204 of title 10,
United States Code) for Milestone A approval (as defined in section
4211 of such title) for space-related acquisition programs for ground
and airborne moving target indication systems described in subsection
(a) that are primarily or fully funded within the military intelligence
program.
(c) Working Group.--
(1) Establishment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall establish
a working group, to be known as the ``Moving Target Indication
Working Group'' (referred to in this section as the ``working
group'').
(2) Responsibilities.--The working group shall be responsible
for--
(A) addressing Department of Defense joint service
requirements for moving target indication systems;
(B) monitoring the cost, schedule, and performance of all
efforts to replace the tactical intelligence, surveillance, and
reconnaissance capability that is provided, as of the date of
enactment of this Act, by the Joint Surveillance Target Attack
Radar System; and
(C) developing the processes and procedures for tasking,
collection, processing, exploitation, and dissemination of the
data collected by moving target indication systems.
(3) Membership.--
(A) In general.--The working group shall be composed of
members selected by the Secretary of Defense as follows:
(i) One member of the Space Force and one member of the
Joint Staff each of whom shall serve as a co-chair of the
working group.
(ii) One representative of each of the following:
(I) The Army.
(II) The Navy.
(III) The Marine Corps.
(IV) The Air Force.
(B) Congressional notification.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
list of the members selected to serve on the working group
pursuant to subparagraph (A).
(4) Briefing requirements.--
(A) Initial briefing.--Not later than 120 days after the
date of the enactment of this Act, the co-chairs of the working
group shall provide to the congressional defense committees a
briefing on--
(i) any capabilities development documents developed by
the working group that are either approved by, or in
development for, the Joint Requirements Oversight Council;
and
(ii) any progress of the working group towards
developing processes and procedures for tasking,
collection, processing, exploitation, and dissemination of
data collected by future moving target indication systems.
(B) Biannual briefings.--Not less frequently than
biannually following the initial briefing under subparagraph
(A), the working group shall provide to the congressional
defense committees a briefing on the status of any moving
target indication programs under development by the Department
of Defense as of the date of the briefing.
(C) Sunset.--The requirement to provide briefings under
this paragraph shall terminate on the date that is five years
after the date of the enactment of this Act.
SEC. 1685. POSITIONING, NAVIGATION, AND TIMING.
(a) Quarterly Briefings on Implementation of Military-code
Compliant GPS Receivers.--
(1) In general.--Not later than February 1, 2024, and quarterly
thereafter until the date specified in paragraph (2), the Co-Chairs
of the Council on Oversight of the Department of Defense
Positioning, Navigation, and Timing Enterprise, shall provide to
the congressional defense committees a briefing on the status of
the implementation of M-Code compliant GPS receivers through the
Military GPS User Equipment program, including the status of
increments 1 and 2 of such program and details regarding expected
dates of M-Code compliance for all sea-, air, and land-based
terminals across the platforms of each of the Armed Forces.
(2) Termination date.--The date specified in this paragraph is
the date on which the Secretary of Defense submits to the
congressional defense committees certification that the increments
1 and 2 of the Military GPS User Equipment program have reached
full operational capacity.
(b) Treatment of Positioning, Navigation, and Timing Resiliency,
Modifications, and Improvements Program.--The Under Secretary of
Defense for Acquisition and Sustainment shall treat the Positioning,
Navigation, and Timing Resiliency, Modifications, and Improvements
program of the Air Force (Program Element 0604201F) as an acquisition
category 1D program, and the authority to manage such program may not
be delegated.
SEC. 1686. ACTIONS TO ADDRESS SERIOUS DEFICIENCIES IN ELECTRONIC
PROTECTION OF SYSTEMS THAT OPERATE IN THE RADIO FREQUENCY SPECTRUM.
(a) In General.--The Secretary of Defense shall--
(1) establish requirements for and assign sufficient priority
to ensuring electronic protection of military sensor, navigation,
and communications systems and subsystems against jamming,
spoofing, and unintended interference from military systems of the
United States and foreign adversaries; and
(2) provide management oversight and supervision of the
military departments to ensure military systems that emit and
receive radio frequencies are protected against threats and
interference from United States and foreign adversary military
systems operating in the same or adjacent radio frequencies.
(b) Specific Required Actions.--The Secretary of Defense shall
require the military departments and combat support agencies to carry
out the following activities:
(1) Not later than 270 days after the date of the enactment of
this Act, develop and approve requirements, through the Joint
Requirements Oversight Council as appropriate, for every radar,
signals intelligence, navigation, and communications system and
subsystem subject to the Global Force Management process to ensure
such systems and subsystems are able to withstand threat-realistic
levels of jamming, spoofing, and unintended interference, including
self-generated interference.
(2) Not less frequently than once every 4 years, test each
system and subsystem described in paragraph (1) at a test range
that permits threat-realistic electronic warfare attacks against
the system or subsystem by a red team or simulated opposition
force, with the first set of highest priority systems to be
initially tested by not later than the end of fiscal year 2025.
(3) With respect to each system and subsystem described in
paragraph (1) that fails to meet electronic protection requirements
during testing conducted under paragraph (2)--
(A) not later than 3 years after the initial failed test,
retrofit the system or subsystem with electronic protection
measures that can withstand threat-realistic jamming, spoofing,
and unintended interference; and
(B) not later than 4 years after the initial failed test,
retest such systems and subsystems.
(4) Survey, identify, and test available technology that can be
practically and affordably retrofitted on the systems and
subsystems described in paragraph (1) and which provides robust
protection against threat-realistic jamming, spoofing, and
unintended interference.
(5) Design and build electronic protection into ongoing and
future development programs to withstand expected jamming and
spoofing threats and unintended interference.
(c) Waiver.--The Secretary of Defense may establish a process for
issuing waivers, on a case-by-case basis, for the testing requirement
under paragraph (2) of subsection (b) and for the retrofit requirement
under paragraph (3) of such subsection.
(d) Annual Reports.--Concurrent with the submission of the budget
of the President to Congress pursuant to section 1105(a) of title 31,
United States Code, for each of fiscal years 2025 through 2030, the
Director of Operational Test and Evaluation shall submit to the
Electronic Warfare Executive Committee of the Department of Defense and
the Committees on Armed Services of the Senate and the House of
Representatives a comprehensive annual report that--
(1) aggregates and summarizes information received from the
military departments and combat support agencies for purposes of
the preparation of the report; and
(2) includes a description of--
(A) the activities carried out to implement the
requirements of this section;
(B) the systems and subsystems subject to testing in the
previous year and the results of such tests, including a
description of the requirements for electronic protection
established for the tested systems and subsystems; and
(C) each waiver issued in the previous year with respect to
such requirements, together with a detailed rationale for the
waiver and a plan for addressing any issues that formed the
basis of the waiver request.
SEC. 1687. LIMITATION ON USE OF FUNDS FOR CERTAIN UNREPORTED PROGRAMS.
(a) Limitation on Availability of Funds.--None of the funds
authorized to be appropriated or otherwise made available by this Act
may be obligated or expended in support of any activities involving
unidentified anomalous phenomena protected under any form of special
access or restricted access limitations unless the Secretary of Defense
has provided the details of the activity to the appropriate
congressional committees and congressional leadership, including for
any activities described in a report released by the All-Domain Anomaly
Resolution Office in fiscal year 2024.
(b) Limitation Regarding Independent Research and Development.--
Consistent with Department of Defense Instruction Number 3204.01 (dated
August 20, 2014, incorporating change 2, dated July 9, 2020; relating
to Department policy for oversight of independent research and
development), independent research and development funding relating to
unidentified anomalous phenomena shall not be allowable as indirect
expenses for purposes of contracts covered by such instruction, unless
such material and information is made available the appropriate
congressional committees and congressional leadership.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) The term ``unidentified anomalous phenomena'' has the
meaning given such term in section 1683(n)of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(n)), as
amended by section 6802(a) of the Intelligence Authorization Act
for Fiscal Year 2023 (Public Law 117-263).
SEC. 1688. INDO-PACIFIC MISSILE STRATEGY.
(a) Strategy.--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 strategy for ground-based theater-
range conventional missiles in the Indo-Pacific region.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) An assessment of gaps in ground-based theater-range
conventional missile capabilities in the area of responsibility of
the United States Indo-Pacific Command.
(2) An identification of military requirements for ground-based
theater-range conventional missile systems, including range,
propulsion, payload, launch platform, weapon effects, and other
operationally relevant factors.
(3) An identification of prospective basing locations for
ground-based theater-range conventional missiles in the area of
responsibility of the United States Indo-Pacific Command and an
assessment of steps required to receive host-nation permission for
forward-basing of such weapon systems.
(4) A description of operational concepts for employment of
such ground-based theater-range conventional missiles, including
integration with other capabilities in the Western Pacific region.
(5) An identification of prospective allies, partners, and
institutional mechanisms for co-production of new ground-based
theater-range conventional missiles.
(6) An assessment of the cost, schedule, and feasibility of
ground-based theater-range conventional missile programs, including
any potential cost-sharing structures through existing
institutional mechanisms.
(7) Any other matter the Secretary considers relevant.
(c) Form.--The strategy required by subsection (a) may be submitted
in classified form, but shall include an unclassified summary.
(d) Ground-based Theater-range Conventional Missile.--The term
``ground-based theater-range conventional missile'' means a short-
range, medium-range, or intermediate-range conventional mobile ground-
launched cruise or hypersonic missile system with a range between 500
and 5,500 kilometers.
SEC. 1689. STUDY ON THE FUTURE OF THE INTEGRATED TACTICAL WARNING
ATTACK ASSESSMENT SYSTEM.
(a) In General.--The Chairman of the Joint Chiefs of Staff shall
enter into an agreement with a federally funded research and
development center under which the center shall--
(1) conduct a study on the future of the Integrated Tactical
Warning Attack Assessment System; and
(2) submit to the Chairman a report on the findings of the
center with respect to the study conducted under paragraph (1).
(b) Elements.--The study conducted pursuant to an agreement under
subsection (a) shall cover the following:
(1) Future air and missile threats to the United States.
(2) The integration of multi-domain sensor data and their
ground systems with the existing architecture of the Integrated
Tactical Warning Attack Assessment System.
(3) The effect of the integration described in paragraph (2) on
the data reliability standards of the Integrated Tactical Warning
Attack Assessment System.
(4) Future data visualization, conferencing, and decisionmaking
capabilities of such system.
(5) Such other matters as the Chairman considers relevant to
the study.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Chairman shall submit to the congressional
defense committees--
(1) the report submitted to the Chairman under subsection
(a)(2); and
(2) the assessment of the Chairman with respect to the findings
in such report and the recommendations of the Chairman with respect
to modernizing the Integrated Tactical Warning Attack Assessment
System.
SEC. 1690. RESEARCH AND ANALYSIS ON MULTIPOLAR DETERRENCE AND
ESCALATION DYNAMICS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a university affiliated research center with
expertise in strategic deterrence to conduct research and analysis on
multipolar deterrence and escalation dynamics.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include assessment of the following:
(1) Implications for strategic deterrence and allied assurance
given the emergence of a second near-peer nuclear power.
(2) Potential alternative conventional, strategic, and nuclear
force structures to optimize deterrence of two near-peer nuclear
powers.
(3) The contribution made by countervailing nonstrategic
capabilities to strategic deterrence.
(4) Escalation patterns arising from Russia's Strategic
Operations to Destroy Critically Important Targets operational
concept and response options for the United States.
(5) Multilateral efforts that could contribute to multipolar
strategic deterrence and escalation dynamics.
(6) Capabilities and operations sufficient to assure European
and Pacific allies.
(c) Report Required.--
(1) In general.--Not later than March 1, 2025, the Secretary of
Defense shall submit to the congressional defense committees a
report that includes the results of the research and analysis
conducted under subsection (a).
(2) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
TITLE XVII--SPACE FORCE PERSONNEL MANAGEMENT
Sec. 1701. Short title.
Subtitle A--Space Force Military Personnel System Without Component
Sec. 1711. Establishment of military personnel management system for the
Space Force.
Sec. 1712. Composition of the Space Force without component.
Sec. 1713. Definitions for single personnel management system for the
Space Force.
Sec. 1714. Basic policies relating to service in the Space Force.
Sec. 1715. Status and participation.
Sec. 1716. Officers.
Sec. 1717. Enlisted members.
Sec. 1718. Retention and separation generally.
Sec. 1719. Separation of officers for substandard performance of duty or
for certain other reasons.
Sec. 1719A. Retirement.
Subtitle B--Conforming Amendments Related to Space Force Military
Personnel System
Sec. 1721. Amendments to Department of the Air Force provisions of title
10, United States Code.
Sec. 1722. Amendments to subtitle A of title 10, United States Code.
Sec. 1723. Title 38, United States Code (Veterans' Benefits).
Subtitle C--Transition Provisions
Sec. 1731. Transition period.
Sec. 1732. Change of duty status of members of the Space Force.
Sec. 1733. Transfer to the Space Force of members of the reserve
components of the Air Force.
Sec. 1734. Placement of officers on the Space Force officer list.
Sec. 1735. Disestablishment of Regular Space Force.
Sec. 1736. End strength flexibility.
Sec. 1737. Promotion authority flexibility.
Subtitle D--Other Amendments Related to the Space Force
Sec. 1741. Title 10, United States Code.
Sec. 1742. Other provisions of law.
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Space Force Personnel Management
Act''.
Subtitle A--Space Force Military Personnel System Without Component
SEC. 1711. ESTABLISHMENT OF MILITARY PERSONNEL MANAGEMENT SYSTEM FOR
THE SPACE FORCE.
Title 10, United States Code, is amended by adding at the end the
following new subtitle:
``Subtitle F--Alternative Military Personnel Systems
``PART I--SPACE FORCE
``CHAPTER 2001-- SPACE FORCE PERSONNEL SYSTEM
``Sec.
``20001. Single military personnel management system.
``20002. Members: duty status.
``20003. Members: minimum service requirement as applied to Space Force.
``Sec. 20001. Single military personnel management system
``Members of the Space Force shall be managed through a single
military personnel management system, without component.''.
``Chap. ..........................................................
``2001. Space Force Personnel System.............................20001
``2003. Status and Participation.................................20101
``2005. Officers.................................................20201
``2007. Enlisted Members.........................................20301
``2009. Retention and Separation Generally.......................20401
``2011. Separation of Officers for Substandard Performance of
Duty or for Certain Other Reasons.................................20501
``2013. Retirement.............................................20601''.
SEC. 1712. COMPOSITION OF THE SPACE FORCE WITHOUT COMPONENT.
(a) Composition of the Space Force.--Section 9081(b) of title 10,
United States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs (1)
and (2), respectively; and
(3) in paragraph (1), as so redesignated, by striking ``,
including'' and all that follows through ``emergency''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the certification by the Secretary of the
Air Force under section 1745.
SEC. 1713. DEFINITIONS FOR SINGLE PERSONNEL MANAGEMENT SYSTEM FOR THE
SPACE FORCE.
(a) Space Force Definitions.--Section 101 of title 10, United
States Code, is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Space Force.--The following definitions relating to members
of the Space Force apply in this title:
``(1) The term `space force active status' means the status of
a member of the Space Force who is not in a space force inactive
status and is not retired.
``(2) The term `space force inactive status' means the status
of a member of the Space Force who is designated by the Secretary
of the Air Force, under regulations prescribed by the Secretary, as
being in a space force inactive status.
``(3) The term `space force retired status' means the status of
a member of the Space Force who--
``(A) is receiving retired pay ; or
``(B) but for being under the eligibility age applicable
under section 12731 of this title, would be eligible for
retired pay under chapter 1223 of this title.
``(4) The term `sustained duty' means full-time duty by a
member of the Space Force ordered to such duty by an authority
designated by the Secretary of the Air Force--
``(A) in the case of an officer--
``(i) to fulfill the terms of an active-duty service
commitment incurred by the officer under any provision of
law; or
``(ii) with the consent of the officer; and
``(B) in the case of an enlisted member, with the consent
of the enlisted member as specified in the terms of the
member's enlistment or reenlistment agreement.''.
(b) Amendments to Existing Duty Status Definitions.--Subsection (d)
of such section is amended--
(1) in paragraph (1), by inserting ``, including sustained duty
in the Space Force'' after ``United States''; and
(2) in paragraph (7), by inserting ``, or a member of the Space
Force,'' after ``Reserves'' in subparagraphs (A) and (B).
SEC. 1714. BASIC POLICIES RELATING TO SERVICE IN THE SPACE FORCE.
Chapter 2001 of title 10, United States Code, as added by section
1711, is amended by adding at the end the following new sections:
``Sec. 20002. Members: duty status
``Under regulations prescribed by the Secretary of the Air Force,
each member of the Space Force shall be placed in one of the following
duty statuses:
``(1) Space Force active status.
``(2) Space Force inactive status.
``(3) Space Force retired status.
``Sec. 20003. Members: minimum service requirement as applied to Space
Force
``(a) Inapplicability of Active/reserve Service Distinction.--In
applying section 651 of this title to a person who becomes a member of
the Space Force, the provisions of the second sentence of subsection
(a) and of subsection (b) of that section (relating to service in a
reserve component) are inapplicable.
``(b) Treatment Upon Transfer Out of Space Force.--A member of the
Space Force who transfers to one of the other armed forces before
completing the service required by subsection (a) of section 651 of
this title shall upon such transfer be subject to section 651 of this
title in the same manner as if such member had initially entered the
armed force to which the member transfers.''.
SEC. 1715. STATUS AND PARTICIPATION.
Subtitle F of title 10, United States Code, as added by section
1711, is amended by adding at the end the following new chapter:
``CHAPTER 2003--STATUS AND PARTICIPATION
``Sec.
``20101. Members in Space Force active status: amount of annual training
or active duty service required.
``20102. Individual ready guardians: designation; mobilization category.
``20103. Members not on sustained duty: agreements concerning conditions
of service.
``20104. Orders to active duty: with consent of member.
``20105. Sustained duty.
``20106. Orders to active duty: without consent of member.
``20107. Transfer to inactive status: initial service obligation not
complete.
``20108. Members of Space Force: credit for service for purposes of laws
providing pay and benefits for members, dependents, and
survivors.
``20109. Policy for order to active duty based upon determination by
Congress.
``Sec. 20101. Members in Space Force active status: amount of annual
training or active duty service required
``Except as specifically provided in regulations prescribed by the
Secretary of Defense, a member of the Space Force in a space force
active status who is not serving on sustained duty shall be required
to--
``(1) participate in at least 48 scheduled drills or training
periods during each year and serve on active duty for not less than
14 days (exclusive of travel time) during each year; or
``(2) serve on active duty for training for not more than 30
days during each year.
``Sec. 20102. Individual ready guardians: designation; mobilization
category
``(a) In General.--Under regulations prescribed by the Secretary of
Defense, the Secretary of the Air Force may designate a member of the
Space Force in a space force active status as an Individual Ready
Guardian.
``(b) Mobilization Category.--
``(1) In general.--Among members of the Space Force designated
as Individual Ready Guardians, there is a category of members
(referred to as a `mobilization category') who, as designated by
the Secretary of the Air Force, are subject to being ordered to
active duty without their consent in accordance with section
20106(a) of this title.
``(2) Limitations on placement in mobilization category.--A
member designated as an Individual Ready Guardian may not be placed
in the mobilization category referred to in paragraph (1) unless--
``(A) the member volunteers to be placed in that
mobilization category; and
``(B) the member is selected by the Secretary of the Air
Force, based upon the needs of the Space Force and the grade
and military skills of that member.
``(3) Limitation on time in mobilization category.--A member of
the Space Force in a space force active status may not remain
designated an Individual Ready Guardian in such mobilization
category after the end of the 24-month period beginning on the date
of the separation of the member from active service.
``(4) Designation of grades and military skills or
specialties.--The Secretary of the Air Force shall designate the
grades and military skills or specialties of members to be eligible
for placement in such mobilization category.
``(5) Benefits.--A member in such mobilization category shall
be eligible for benefits (other than pay and training) on the same
basis as are available to members of the Individual Ready Reserve
who are in the special mobilization category under section 10144(b)
of this title, as determined by the Secretary of Defense.
``Sec. 20103. Members not on sustained duty: agreements concerning
conditions of service
``(a) Agreements.--The Secretary of the Air Force may enter into a
written agreement with a member of the Space Force not on sustained
duty--
``(1) requiring the member to serve on active duty for a
definite period of time;
``(2) specifying the conditions of the member's service on
active duty; and
``(3) for a member serving in a space force inactive status,
specifying the conditions for the member's continued service as
well as order to active duty with and without the consent of the
member.
``(b) Conditions of Service.--An agreement under subsection (a)
shall specify the conditions of service. The Secretary of the Air Force
shall prescribe regulations establishing--
``(1) what conditions of service may be specified in the
agreement;
``(2) the obligations of the parties; and
``(3) the consequences of failure to comply with the terms of
the agreement.
``(c) Authority for Retention on Active Duty During War or National
Emergency.--If the period of service on active duty of a member under
an agreement under subsection (a) expires during a war or during a
national emergency declared by Congress or the President, the member
concerned may be kept on active duty, without the consent of the
member, as otherwise prescribed by law.
``Sec. 20104. Orders to active duty: with consent of member
``(a) Authority.--A member of the Space Force who is serving in a
space force active status and is not on sustained duty, or who is
serving in a space force inactive status, may, with the consent of the
member, be ordered to active duty, or retained on active duty, under
the following sections of chapter 1209 of this title in the same manner
as applies to a member of a reserve component ordered to active duty,
or retained on active duty, under that section with the consent of the
member:
``(1) Section 12301(d), relating to orders to active duty at
any time with the consent of the member.
``(2) Section 12301(h), relating to orders to active duty in
connection with medical or health care matters.
``(3) Section 12322, relating to active duty for health care.
``(4) Section 12323, relating to active duty pending line of
duty determination required for response to sexual assault.
``(b) Applicable Provisions of Law.--The following sections of
chapter 1209 of this title pertaining to a member of a reserve
component ordered to active duty with the consent of the member apply
to a member of the Space Force who is ordered to active duty under this
section in the same manner as to such a reserve component member:
``(1) Section 12308, relating to retention after becoming
qualified for retired pay.
``(2) Section 12309, relating to use of Reserve officers in
expansion of armed forces.
``(3) Section 12313, relating to release of reserve members
from active duty.
``(4) Section 12314, relating to kinds of duty.
``(5) Section 12315, relating to duty with or without pay.
``(6) Section 12316, relating to payment of certain Reserves
while on duty.
``(7) Section 12318, relating to duties and funding of reserve
members on active duty.
``(8) Section 12320, relating to grade in which ordered to
active duty.
``(9) Section 12321, relating to a limitation on number of
reserve members assigned to Reserve Officer Training Corps units.
``Sec. 20105. Sustained duty
``(a) Enlisted Members.--An authority designated by the Secretary
of the Air Force may order an enlisted member of the Space Force in a
space force active status to sustained duty, or retain an enlisted
member on sustained duty, with the consent of that member, as specified
in the terms of the member's enlistment or reenlistment agreement.
``(b) Officers.--
``(1) An authority designated by the Secretary of the Air Force
may order a Space Force officer in a space force active status to
sustained duty--
``(A) with the consent of the officer; or
``(B) to fulfill the terms of an active-duty service
commitment incurred by the officer under any provision of law.
``(2) An officer ordered to sustained duty under paragraph (1)
may not be released from sustained duty without the officer's
consent except as provided in chapter 2009 or 2011 of this title.
``Sec. 20106. Orders to active duty: without consent of member
``(a) Members in a Space Force Active Status.--
``(1) A member of the Space Force in a space force active
status who is not on sustained duty, may, without the consent of
the member, be ordered to active duty or inactive duty in the same
manner as a member of a reserve component ordered to active duty or
inactive duty under the provisions of chapter 1209 of this title
and any other provision of law authorizing the order to active duty
of a member of a reserve component in an active status without the
consent of the member.
``(2) The provisions of chapter 1209 of this title, or other
applicable provisions of law, pertaining to a member of the Ready
Reserve when ordered to active duty shall apply to a member of the
Space Force who is in a space force active status when ordered to
active duty under paragraph (1).
``(3) The provisions of section 12304 of this title pertaining
to members in the Individual Ready Reserve mobilization category
shall apply to a member of the Space Force who is designated an
Individual Ready Guardian when ordered to active duty who meets the
provisions of section 20102(b) of this title.
``(b) Members in a Space Force Inactive Status.--
``(1) A member of the Space Force in a space force inactive
status may be ordered to active duty under--
``(A) the provisions of chapter 1209 of this title;
``(B) any other provision of law authorizing the order to
active duty of a member of a reserve component in an inactive
status; and
``(C) the terms of any agreement entered into by the member
under section 20103 of this title.
``(2) The provisions of chapter 1209 of this title, or other
applicable provisions of law, pertaining to the Standby Reserve
shall apply to a member of the Space Force who is in a space force
inactive service when ordered to active duty.
``(c) Members in a Space Force Retired Status.--
``(1) Chapters 39 and 1209 of this title include provisions
authorizing the order to active duty of a member of the Space Force
in a space force retired status.
``(2) The provisions of sections 688, 688a, and 12407 of this
title pertaining to a retired member or a member of the Retired
Reserve shall apply to a member of the Space Force in a space force
retired status when ordered to active duty.
``(3) The provisions of section 689 of this title pertaining to
a retired member ordered to active duty shall apply to a member of
the Space Force in a space force retired status who is ordered to
active duty.
``(d) Other Applicable Provisions.--The following provisions of
chapter 1209 of this title pertaining shall apply to a member of the
Space Force ordered to active duty in the same manner as to a Reserve
or member of the Retired Reserve ordered to active duty:
``(1) Section 12305, relating to the authority of the President
to suspend certain laws relating to promotion, retirement, and
separation.
``(2) Section 12308, relating to retention after becoming
qualified for retired pay.
``(3) Section 12313, relating to release from active duty.
``(4) Section 12314, relating to kinds of duty.
``(5) Section 12315, relating to duty with or without pay.
``(6) Section 12316, relating to payment of certain Reserves
while on duty.
``(7) Section 12317, relating to theological students;
limitations.
``(8) Section 12320, relating to grade in which ordered to
active duty.
``Sec. 20107. Transfer to inactive status: initial service obligation
not complete
``(a) General Rule.--A member of the Space Force who has not
completed the required minimum service obligation referred to in
section 20003 of this title shall, if terminating space force active
status, be transferred to a space force inactive status and, unless
otherwise designated an Individual Ready Guardian under section 20102
of this title, shall remain subject to order to active duty without the
member's consent under section 20106 of this title.
``(b) Exception.--Subsection (a) does not apply to a member who is
separated from the Space Force by the Secretary of the Air Force under
section 20503 of this title.
``Sec. 20108. Members of Space Force: credit for service for purposes
of laws providing pay and benefits for members, dependents, and
survivors
``For the purposes of laws providing pay and benefits for members
of the armed forces and their dependents and beneficiaries:
``(1) Military training, duty, or other service performed by a
member of the Space Force in a space force active status not on
sustained duty shall be considered military training, duty, or
other service, as the case may be, as a member of a reserve
component.
``(2) Sustained duty performed by a member of the Space Force
under section 20105 of this title shall be considered active duty
as a member of a regular component.
``(3) Active duty performed by a member of the Space Force in a
space force active status not on sustained duty shall be considered
active duty as a member of a reserve component.
``(4) Inactive-duty training performed by a member of the Space
Force shall be considered inactive-duty training as a member of a
reserve component.
``Sec. 20109. Policy for order to active duty based upon determination
by Congress
``Whenever Congress determines that more units and organizations
capable of conducting space operations are needed for the national
security than are available among those units comprised of members of
the Space Force serving on active duty, members of the Space Force not
serving on active duty shall be ordered to active duty and retained as
long as so needed.''.
SEC. 1716. OFFICERS.
(a) Original Appointments.--Subtitle F of title 10, United States
Code, as amended by section 1715, is further amended by adding at the
end the following new chapter:
``CHAPTER 2005--OFFICERS
``SUBCHAPTER I--ORIGINAL APPOINTMENTS
``Sec. 20201. Original appointments: how made
``(a) In General.--The provisions of section 531 of this title
shall apply to original appointments of commissioned officers in the
Space Force.
``(b) Grade Upon Appointment.--(1) The grade of a person receiving
an appointment under this section who at the time of appointment is
credited with service under section 20203 of this title shall be
determined under regulations prescribed by the Secretary of the Defense
based upon the amount of service credited.
``(2) The grade of a person receiving an appointment under this
section who at the time of the appointment is a commissioned officer of
a reserve component shall be determined under section 20203(e) of this
title.
``Sec. 20202. Original appointments: qualifications
``(a) In General.--An original appointment as a commissioned
officer in the Space Force may be given only to a person who--
``(1) is a citizen of the United States;
``(2) is at least 18 years of age; and
``(3) has such other physical, mental, moral, professional, and
age qualifications as the Secretary of the Air Force may prescribe
by regulation.
``(b) Exception.--A person who is otherwise qualified, but who has
a physical condition that the Secretary of the Air Force determines
will not interfere with the performance of the duties to which that
person may be assigned, may be appointed as an officer in the Space
Force.
``Sec. 20203. Original appointments: service credit
``(a) In General.--The provisions of section 533 of this title
shall apply to the crediting of prior active commissioned service for
original appointments of commissioned officers.
``(b) Credit for Prior Service.--(1) For the purpose of determining
the grade and rank within grade of a person receiving an original
appointment in a commissioned grade in the Space Force, such person
shall be credited at the time of such appointment with any commissioned
service (other than service as a commissioned warrant officer) that the
person performed before such appointment--
``(A) as a Space Force officer on active duty or in a space
force active status; or
``(B) as a regular officer, or as a reserve officer in an
active status, in any uniformed service.
``(2) The regulations prescribed by the Secretary of Defense under
section 533 of this title shall apply to the Space Force to authorize
the Secretary of the Air Force to limit the amount of prior active
commissioned service with which a person receiving an original
appointment may be credited under paragraph (1).
``(b) Credit for Education, Training, and Experience.--(1) Under
regulations prescribed by the Secretary of the Air Force, the Secretary
shall credit a person who is receiving an original appointment in a
commissioned grade in the Space Force and who has advanced education,
training, or special experience with constructive service for such
education, training, or experience in a particular officer career field
as designated by the Secretary of the Air Force, if such education,
training, or experience is directly related to the operational needs of
the Space Force.
``(2)(A) The Secretary may credit a person with constructive
service under this subsection for each instance of relevant advanced
education or training or special experience regardless of whether two
or more such instances are concurrent.
``(B) The Secretary may not credit more than 20 persons with an
amount of constructive credit under this paragraph in any year.
``(3) The amount of constructive service credited an officer under
this subsection may not exceed the amount required in order for the
officer to be eligible for an original appointment in the grade of
colonel.
``(4) Constructive service credited an officer under this
subsection is in addition to any service credited that officer under
subsection (a) and shall be credited at the time of the original
appointment of the officer.
``(5) Not later than December 1 of each year, the Secretary of the
Air Force shall submit a report to the Committees on Armed Services of
the Senate and House of Representatives regarding the amount of
constructive service credited under this subsection during the
preceding calendar year.
``(c) Authorized Use of Constructive Credit.--Constructive service
credited an officer under subsection (b) shall be used only for
determining the officer's--
``(1) initial grade;
``(2) rank in grade; and
``(3) service in grade for promotion eligibility.
``(d) Exclusion for Graduates of the Service Academies.--A graduate
of a Service Academy (as such term is defined in section 347 of this
title) is not entitled to service credit under this section for service
performed, or education, training, or experience obtained, before
graduation from such Service Academy.
``(e) Reserve Officers.--A reserve officer (other than a warrant
officer) who receives an original appointment as an officer in the
Space Force shall--
``(1) in the case of an officer on the active-duty list of an
armed force immediately before that appointment, be appointed in
the same grade and with the same date of rank as the grade and date
of rank held by the officer on the active-duty list immediately
before the appointment; and
``(2) in the case of an officer not on the active-duty list
immediately before that appointment, be appointed in the same grade
and with the same date of rank as the grade and date of rank which
the officer would have held had the officer been serving on the
active-duty list on the date of the appointment.
``(f) Continuity of Existing Delegation of Presidential Appointment
Functions.--Except as otherwise provided by the President by Executive
order, the provisions of Executive Order 13384 (10 U.S.C. 531 note)
relating to the functions of the President under section 531(a) of this
title shall apply in the same manner to functions of the President
under section 20201 of this title.''.
(b) Conforming Amendments Relating to Original Appointments.--
(1) Definitions.--Section 101 of title 10, United States Code,
is amended in subsection (b)(10) by inserting before the period at
the end the following: ``and, with respect to the appointment of a
member of the armed forces in the Space Force, refers to that
member's most recent appointment in the Space Force that is neither
a promotion nor a demotion''.
(2) Original appointments of commissioned officers.--Section
531 of such title is amended by striking ``Regular'' before ``Space
Force'' each place it appears.
(3) Qualifications for original appointment as a commissioned
officer.--Section 532(a) of such title is amended by striking
``Regular Marine Corps, or Regular Space Force'' and inserting ``or
Regular Marine Corps''.
(4) Service credit upon original appointment as a commissioned
officer.--Section 533 of such title is amended by striking
``Regular'' before ``Space Force'' each place it appears.
(c) Selection Boards and Promotions.--Chapter 205 of title 10,
United States Code, as added by subsection (a), is amended by adding at
the end the following new subchapters:
``SUBCHAPTER II--SELECTION BOARDS
``Sec. 20211. Convening of selection boards
``(a) In General.--Whenever the needs of the service require, the
Secretary of the Air Force shall convene selection boards to recommend
for promotion to the next higher permanent grade officers of the Space
Force in each permanent grade from first lieutenant through brigadier
general.
``(b) Exception for Officers in Grade of First Lieutenant.--
Subsection (a) does not require the convening of a selection board in
the case of Space Force officers in the permanent grade of first
lieutenant when the Secretary of the Air Force recommends for promotion
to the grade of captain under section 20238(a)(4)(A) of this title all
such officers whom the Secretary finds to be fully qualified for
promotion.
``(c) Selection Boards for Early Retirement or Discharge.--The
Secretary of the Air Force may convene selection boards to recommend
officers for early retirement under section 20404(a) of this title or
for discharge under section 20404(b) of this title.
``(d) Regulations.--The convening of selection boards under
subsection (a) shall be under regulations prescribed by the Secretary
of the Defense.
``Sec. 20212. Composition of selection boards
``(a) Appointment and Composition of Boards.--
``(1) In general.--Members of a selection board shall be
appointed by the Secretary of Air Force in accordance with this
section. A selection board shall consist of five or more officers
of the Space Force. Each member of a selection board must be
serving in a grade higher than the grade of the officers under
consideration by the board, except that no member of a board may be
serving in a grade below major. The members of a selection board
shall include at least one member serving on sustained duty and at
least one member in a space force active status who is not serving
on sustained duty. The ratio of the members of a selection board
serving on sustained duty to members serving in a space force
active status not on sustained duty shall, to the extent
practicable, reflect the ratio of officers serving in each of those
statuses who are being considered for promotion by the board. The
members of a selection board shall represent the diverse population
of the Space Force to the extent practicable.
``(2) Representation from competitive categories.--(A) Except
as provided in subparagraph (B), a selection board shall include at
least one officer from each competitive category of officers to be
considered by the board.
``(B) A selection board need not include an officer from a
competitive category when there are no officers of that competitive
category on the Space Force officer list in a grade higher than the
grade of the officers to be considered by the board and eligible to
serve on the board.
``(3) Retired officers.--If qualified officers on the Space
Force officer list are not available in sufficient number to
comprise a selection board, the Secretary of the Air Force shall
complete the membership of the board by appointing as members of
the board--
``(A) Space Force officers who hold a grade higher than the
grade of the officers under consideration by the board and who
are retired officers; and
``(B) if sufficient Space Force officers are not available
pursuant to subparagraph (A), Air Force officers who hold a
grade higher than the grade of the officers under consideration
by the board and who are retired officers, but only if the Air
Force officer to be appointed to the board has served in the
Space Force or in a space-related career field of the Air Force
for sufficient time such that the Secretary of the Air Force
determines that the retired Air Force officer has adequate
knowledge concerning the standards of performance and conduct
required of an officer of the Space Force.
``(4) Exclusion of retired general officers on active duty to
serve on a board from numeric general officer active-duty
limitations.--A retired general officer who is on active duty for
the purpose of serving on a selection board shall not, while so
serving, be counted against any limitation on the number of general
and flag officers who may be on active duty.
``(b) Limitation on Membership on Consecutive Boards.--
``(1) General rule.--Except as provided in paragraph (2), no
officer may be a member of two successive selection boards convened
under section 20211 of this title for the consideration of officers
of the same competitive category and grade.
``(2) Exception for general officer boards.--Paragraph (1) does
not apply with respect to selection boards convened under section
20211 of this title for the consideration of officers in the grade
of colonel or brigadier general.
``(c) Joint Qualified Officers.--(1) Each selection board convened
under section 20211 of this title that will consider an officer
described in paragraph (2) shall include at least one officer
designated by the Chairman of the Joint Chiefs of Staff who is a joint
qualified officer.
``(2) Paragraph (1) applies with respect to an officer who--
``(A) is serving on, or has served on, the Joint Staff; or
``(B) is a joint qualified officer.
``(3) The Secretary of Defense may waive the requirement in
paragraph (1) for any selection board of the Space Force.
``Sec. 20213. Notice of convening of selection boards
``(a) Notice to Eligible Officers.--At least 30 days before a
selection board is convened under section 20211 of this title to
recommend officers in a grade for promotion to the next higher grade,
the Secretary of the Air Force shall--
``(1) notify in writing the officers eligible for consideration
for promotion of the date on which the board is to convene and the
name and date of rank of the junior officer, and of the senior
officer, in the promotion zone as of the date of the notification;
or
``(2) issue a general written notice to the Space Force
regarding the convening of the board which shall include the
convening date of the board and the name and date of rank of the
junior officer, and of the senior officer, in the promotion zone as
of the date of the notification.
``(b) Communication From Officers.--An officer eligible for
consideration by a selection board convened under section 20211 of this
title (other than an officer who has been excluded under section
20231(d) of this title from consideration by the board) may send a
written communication to the board, to arrive not later than 10
calendar days before the date on which the board convenes, calling
attention to any matter concerning the officer that the officer
considers important to the officer's case. The selection board shall
give consideration to any timely communication under this subsection.
``(c) Notice of Intent of Certain Officers To Serve on or Off
Active Duty.--An officer on the Space Force officer list in the grade
of colonel or brigadier general who receives a notice under subsection
(a) shall inform the Secretary of the officer's preference to serve
either on or off sustained duty if promoted to the grade of brigadier
general or major general, respectively.
``Sec. 20214. Information furnished to selection boards
``The provisions of section 615 of this title shall apply to
information furnished to selection boards.
``Sec. 20215. Recommendations for promotion by selection boards
``(a) Board to Recommend Officers Best Qualified for Promotion.--A
selection board convened under section 20211 of this title shall
recommend for promotion to the next higher grade those officers
considered by the board whom the board, giving due consideration to the
needs of the Space Force for officers with particular skills (as noted
in the guidelines or information furnished the board under section
615(b) of this title), considers best qualified for promotion within
each competitive category considered by the board.
``(b) Number to Be Recommended.--The Secretary of the Air Force
shall establish the number of officers such a selection board may
recommend for promotion from among officers being considered.
``(c) Board Procedures for Recommendations; Limitations.--A
selection board convened under section 20211 of this title may not
recommend an officer for promotion unless--
``(1) the officer receives the recommendation of a majority of
the members of the board;
``(2) a majority of the members of the board finds that the
officer is fully qualified for promotion; and
``(3) a majority of the members of the board, after
consideration by all members of the board of any adverse
information about the officer that is provided to the board under
section 615 of this title, finds that the officer is among the
officers best qualified for promotion to meet the needs of the
Space Force consistent with the requirement of exemplary conduct
set forth in section 9233 of this title.
``(d) Limitation on Promotions Under Other Authority.--Except as
otherwise provided by law, a Space Force officer may not be promoted to
a higher grade under this chapter unless the officer is considered and
recommended for promotion to that grade by a selection board convened
under this chapter or, in the case of an officer transferring into the
Space Force from another armed force, chapter 36 or chapter 1403 of
this title.
``(e) Disclosure of Board Recommendations.--The recommendations of
a selection board may be disclosed only in accordance with regulations
prescribed by the Secretary of Defense. Those recommendations may not
be disclosed to a person not a member of the board (or a member of the
administrative staff designated by the Secretary of the Air Force to
assist the board) until the written report of the recommendations of
the board, required by section 617 of this title, is signed by each
member of the board.
``(f) Prohibition on Attempting to Influence Members of a Board.--
The Secretary of the Air Force, and an officer or other official
exercising authority over any member of a selection board, may not--
``(1) censure, reprimand, or admonish the selection board or
any member of the board with respect to the recommendations of the
board or the exercise of any lawful function within the authorized
discretion of the board; or
``(2) attempt to coerce or, by any unauthorized means,
influence any action of a selection board or any member of a
selection board in the formulation of the board's recommendations.
``(g) Higher Placement on Promotion List of Officer of Particular
Merit.--(1) In selecting the officers to be recommended for promotion,
a selection board shall, when authorized by the Secretary of the Air
Force, recommend officers of particular merit, pursuant to guidelines
and procedures prescribed by the Secretary, from among those officers
selected for promotion, to be placed higher on the promotion list
established by the Secretary under section 624(a)(1) of this title.
``(2) An officer may be recommended to be placed higher on a
promotion list under paragraph (1) only if the officer receives the
recommendation of at least a majority of the members of the board,
unless the Secretary of the Air Force establishes an alternative
requirement. Any such alternative requirement shall be furnished to the
board as part of the guidelines furnished to the board under section
615 of this title.
``(3) For the officers recommended to be placed higher on a
promotion list under paragraph (1), the board shall recommend, pursuant
to guidelines and procedures prescribed by the Secretary, the order in
which those officers should be placed on the list.
``Sec. 20216. Reports of selection boards
``(a) In General.--Each selection board convened under section
20211 of this title shall submit to the Secretary of the Air Force a
written report, signed by each member of the board, containing a list
of the names of the officers it recommends for promotion and
certifying--
``(1) that the board has carefully considered the record of
each officer whose name was furnished to it under section 615 of
this title; and
``(2) that, in the opinion of a majority of the members of the
board, the officers recommended for promotion by the board are best
qualified for promotion to meet the needs of the Space Force (as
noted in the guidelines or information furnished the board under
section 615(b) of this title) among those officers whose names were
furnished to the selection board.
``(b) Officers Who Should Be Required to Show Cause for
Retention.--A selection board convened under section 20211 of this
title shall include in its report the name of any officer before it for
consideration for promotion whose record, in the opinion of a majority
of the members of the board, indicates that the officer should be
required under section 20503 of this title to show cause for the
officer's retention in a space force active status.
``(c) Officers Recommended to Be Placed Higher on the Promotion
List.--A selection board convened under section 20211 of this title
shall, when authorized under section 20214(g) of this title, include in
its report the names of those officers recommended by the board to be
placed higher on the promotion list and the order in which the board
recommends that those officers should be placed on the list.
``(d) Recommendation for Officers to Be Excluded From Future
Consideration for Promotion.--A selection board convened under section
20211 of this title may include in its report a recommendation that an
officer considered by the board be excluded from future consideration
for promotion under this chapter.
``Sec. 20217. Action on reports of selection boards for promotion to
brigadier general or major general
``(a) In General.--After reviewing a report received under section
20215 of this title recommending officers on the Space Force officer
list for promotion to the grade of brigadier general or major general,
but before submitting the report to the Secretary of Defense, the
Secretary of the Air Force may, under regulations prescribed by the
Secretary of the Air Force, adjust the placement of officers as
recommended in the report in order to ensure that sufficient number of
officers on both sustained and non-sustained duty are promoted to meet
the requirements of the Space Force to fill general officer vacancies.
``(b) Report.--Whenever the Secretary of the Air Force uses the
authority under subsection (a), the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report informing the committees that the authority has been used and
the reason for the use of the authority.
``SUBCHAPTER III--PROMOTIONS
``Sec. 20231. Eligibility for consideration for promotion: general
rules
``(a) In General.--
``(1) Requirement to be on space force officer list.--An
officer is eligible under this chapter for consideration for
promotion by a selection board convened under section 14101(a) of
this title only if the officer is on the Space Force officer list.
``(2) Authority to preclude from consideration certain officers
based on time of entry on or departure from sustained duty.--The
Secretary of the Air Force--
``(A) may, by regulation, prescribe a period of time, not
to exceed one year, from the time an officer on the Space Force
officer list transfers on or off of sustained duty during which
the officer shall be ineligible for consideration for
promotion; and
``(B) may, by regulation, provide for the exclusion from
consideration for promotion by a selection board of an officer
otherwise eligible to be considered by the board who has an
established date for removal from the Space Force officer list
that is not more than 90 days after the date on which the board
is to be convened.
``(b) Certain Officers Not to Be Considered.--A selection board
convened under section 20211 of this title may not consider for
promotion to the next higher grade any of the following officers:
``(1) An officer whose name is on a promotion list for that
grade as a result of recommendation for promotion to that grade by
an earlier selection board convened under that section or section
20151 of this title, under section 14101 or 14502 of this title, or
under chapter 36 of this title.
``(2) An officer who is recommended for promotion to that grade
in the report of an earlier selection board convened under a
provision referred to in paragraph (1), in the case of such a
report that has not yet been approved by the President.
``(3) An officer who has been nominated by the President for
promotion to that grade under any other provision of law, if that
nomination is pending before the Senate.
``(4) An officer in the grade of first lieutenant who is on an
approved all-fully-qualified-officers list under section
20238(a)(4) of this title.
``(5) An officer excluded under 20232 of this title.
``(6) An officer who has failed of promotion to a higher grade
the maximum number of times specified for opportunities for
promotion for such grade within the competitive category concerned
pursuant to section 20234 of this title.
``(c) Certain Colonels.--
``(1) Authority to preclude from consideration.--The Secretary
of Defense may authorize the Secretary of the Air Force to preclude
from consideration by selection boards for promotion to the grade
of brigadier general, officers in the grade of colonel who--
``(A) have been considered and not selected for promotion
to the grade of brigadier general or by at least two selection
boards; and
``(B) are determined, in accordance with standards and
procedures prescribed pursuant to paragraph (2), as not being
exceptionally well qualified for promotion.
``(2) Regulations.--If the Secretary of Defense authorizes the
Secretary of the Air Force to have the authority described in
subparagraph (A), the Secretary shall prescribe by regulation the
standards and procedures for the exercise of such authority. Those
regulations shall apply uniformly among the military departments
and shall include the following provisions:
``(A) A requirement that the Secretary of the Air Force may
exercise such authority in the case of a particular selection
board only if the Secretary of Defense approves the exercise of
that authority for that board.
``(B) A requirement that an officer may be precluded from
consideration by a selection board under this paragraph only
upon the recommendation of a preselection board of officers
convened by the Secretary of the military department concerned
and composed of at least three officers all of whom are serving
in a grade higher than the grade of such officer.
``(C) A requirement that such a preselection board may not
recommend that an officer be precluded from such consideration
unless the Secretary of the Air Force has given the officer
advance written notice of the convening of such board and of
the military records that will be considered by the board and
has given the officer a reasonable period before the convening
of the board in which to submit comments to the board.
``(D) A requirement that the Secretary of the Air Force
shall provide general guidance to the board in accordance with
standards and procedures prescribed by the Secretary of Defense
in those regulations.
``(E) A requirement that the preselection board may
recommend that an officer be precluded from consideration by a
selection board only on the basis of the general guidance
provided by the Secretary Air Force, information in the
officer's official military personnel records that has been
described in the notice provided the officer as required
pursuant to subparagraph (C), and any communication to the
board received from that officer before the board convenes.
``(d) Brigadier Generals.--
``(1) Officers not on space force officer list.--A brigadier
general who is not eligible for consideration for promotion because
the officer is not on the Space Force officer list (as required by
paragraph (1) of subsection (a) for such eligibility) is
nevertheless eligible for consideration for promotion to the grade
of major general by a selection board convened under section
20211(a) of this title if--
``(A) as of the date of the convening of the promotion
board, the officer has been in an inactive status for less than
the minimum threshold established in paragraph (2) of
subsection (a); and
``(B) immediately before the date of the officer's most
recent transfer to an inactive status, the officer had
continuously served on the Space Force officer list for at
least one year.
``(2) Officers not meeting minimum participation threshold.--A
brigadier general who is on the Space Force officer list but who is
not eligible for consideration for promotion because the officer's
service does not meet the minimum participation threshold
established under subsection (a)(2) is nevertheless eligible for
consideration for promotion to the grade of major general by a
promotion board convened under section 20211(a) of this title if--
``(A) the officer was transferred from an inactive status
to the reserve active-status list during the one-year period
preceding the date of the convening of the promotion board;
``(B) immediately before the date of the officer's most
recent transfer to an active status, the officer had been in an
inactive status for less than one year; and
``(C) immediately before the date of the officer's most
recent transfer to an inactive status, the officer had
continuously served for at least one year on the reserve
active-status list or the active-duty list (or a combination of
the reserve active-status list and the active-duty list).
``(e) Officers on Educational Delay.--An officer on the Space Force
officer list is ineligible for consideration for promotion, but shall
remain on the Space Force officer list, while the officer--
``(1) is pursuing a program of graduate level education in an
educational delay status approved by the Secretary concerned; and
``(2) is receiving from the Secretary financial assistance in
connection with the pursuit of that program of education while in
that status.
``(f) Certain Officers Not to Be Considered for Selection for
Promotion.--The Secretary of the Air Force may provide that an officer
who is in a space force active status, but is in a duty status in which
the only points the officer accrues under section 12732(a)(2) of this
title are pursuant to subparagraph (C)(i) of that section, shall not be
considered for selection for promotion until completion of two years of
service in such duty status. Any such officer may remain on the Space
Force officer list.
``Sec. 20232. Authority to allow officers to opt out of selection board
consideration
``(a) Authority.--The Secretary of the Air Force may provide that
an officer on the Space Force officer list may, upon the officer's
request and with the approval of the Secretary, be excluded from
consideration by a selection board convened under section 20211 of this
title to consider officers for promotion to the next higher grade.
``(b) Criteria.--The Secretary may only approve a request under
subsection (a) as follows:
``(1) Completion of certain assignments.--If--
``(A) the basis for the request is to allow an officer to
complete a broadening assignment, an advanced education
assignment, another assignment of significant value to the
Department, or a career progression requirement delayed by such
an assignment;
``(B) the Secretary determines the exclusion from
consideration is in the best interest of the Space Force; and
``(C) the officer has not previously failed of selection
for promotion to the grade for which the officer requests the
exclusion from consideration.
``(2) Completion of certain education.--If--
``(A) the basis for the request is to allow an officer to
complete advanced education or professional military education;
``(B) the Secretary determines that it is in the best
interests of the Space Force for the officer to continue to
serve in current position and grade; and
``(C) the officer has not previously opted out of a
promotion board under this section.
``(3) Service in critical skill position.--If--
``(A) the officer is serving in a critical skill position
that cannot be filled by another Space Force officer serving in
the same grade;
``(B) the Secretary determines that it is in the best
interests of the Space Force for the officer to continue to
serve in their current position and grade; and
``(C) the officer has not previously opted out of a
promotion board under this section.
``Sec. 20233. Eligibility for consideration for promotion: designation
as joint qualified officer required before promotion to brigadier
general; exceptions
``(a) General Rule.--An officer on the Space Force officer list may
not be appointed to the grade of brigadier general unless the officer
has been designated as a joint qualified officer in accordance with
section 661 of this title.
``(b) Exceptions.--Subject to subsection (c), the Secretary of
Defense may waive subsection (a) in the following circumstances:
``(1) When necessary for the good of the service.
``(2) In the case of an officer whose proposed selection for
promotion is based primarily upon scientific and technical
qualifications for which joint requirements do not exist.
``(3) In the case of an officer selected by a promotion board
for appointment to the grade of brigadier general while serving in
a joint duty assignment if--
``(A) the officer's total consecutive service in joint duty
assignments is not less than two years; and
``(B) the officer has successfully completed a program of
education described in subsections (b) and (c) of section 2155
of this title.
``(4) In the case of an officer who--
``(A) is selected by a promotion board for appointment to
the grade of brigadier general;
``(B) is not exempted under subsection (g); and
``(C) has successfully completed the education requirements
prescribed in subparagraph (A) of section 661(c)(1) of this
title but has not been afforded the opportunity to complete the
experience requirements described in subparagraph (B) of that
section.
``(c) Waiver to Be Individual.--A waiver may be granted under
subsection (b) only on a case-by-case basis in the case of an
individual officer.
``(d) Special Rule for Good-of-the-service Waiver.--In the case of
a waiver under subsection (b)(1), the Secretary of Defense shall
provide that the first duty assignment as a general officer of the
officer for whom the waiver is granted shall be in a joint duty
assignment.
``(e) Limitation on Delegation of Waiver Authority.--The authority
of the Secretary of Defense to grant a waiver under subsection (b)(4)
may only be delegated as provided in section 619a(e) of this title.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section. The regulations shall
specifically identify for purposes of subsection (b)(2) those
categories of officers for which selection for promotion to brigadier
general is based primarily upon scientific and technical qualifications
for which joint requirements do not exist.
``(g) Exemption.--Subsection (a) shall not apply to an officer who
transfers to the Space Force from a reserve component before the first
day of the sixth fiscal year beginning after the date of the enactment
of this section, and who, as of the date of the transfer, is serving in
the grade of major, lieutenant colonel, or colonel or, in the case of
the Navy or Coast Guard, lieutenant commander, commander, or captain.
``Sec. 20234. Opportunities for consideration for promotion
``(a) Specification of Number of Opportunities for Consideration
for Promotion.--The Secretary of the Air Force shall specify the number
of opportunities for consideration for promotion to be afforded to
Space Force officers for promotion to each grade above the grade of
captain .
``(b) Limited Authority of Secretary of the Air Force to Modify
Number of Opportunities.--The Secretary of the Air Force may modify the
number of opportunities for consideration for promotion to be afforded
officers within a competitive category for promotion to a particular
grade, as previously specified by the Secretary pursuant subsection
(a), not more frequently than once every five years.
``(c) Authority of Secretary of Defense to Modify Number of
Opportunities.--The Secretary of Defense may modify the number of
opportunities for consideration for promotion to be afforded officers
of the Space Force within a competitive category for promotion to a
particular grade, as previously specified or modified pursuant to any
provision of this section, at the discretion of the Secretary.
``(d) Limitation on Number of Opportunities Specified.--The number
of opportunities for consideration for promotion to be afforded
officers of the Space Force within a competitive category for promotion
to a particular grade, as specified or modified pursuant to any
provision of this section, may not exceed five opportunities.
``(e) Effect of Certain Reduction in Number of Opportunities
Specified.--If, by reason of a reduction in the number of opportunities
for consideration for promotion under this section, an officer would no
longer have one or more opportunities for consideration for promotion
that were available to the officer before the reduction, the officer
shall be afforded one additional opportunity for consideration for
promotion after the reduction.
``Sec. 20235. Space Force officer list
``(a) Single List.--The Secretary of the Air Force shall maintain a
single list of all Space Force officers serving in a space force active
status. The list shall be known as the `Space Force officer list'.
``(b) Order of Officers on List.--Officers shall be carried on the
Space Force officer list in the order of seniority of the grade in
which they are serving. Officers serving in the same grade shall be
carried in the order of their rank in that grade.
``(c) Effect of Service in a Temporary Appointment.--An officer
whose position on the Space Force officer list results from service
under a temporary appointment or in a grade held by reason of
assignment to a position has, when that appointment or assignment ends,
the grade and position on the Space Force officer list that the officer
would have held if the officer had not received that appointment or
assignment.
``Sec. 20236. Competitive categories
``(a) Requirement to Establish Competitive Categories for
Promotion.--Under regulations prescribed by the Secretary of Defense,
the Secretary of the Air Force shall establish at least one competitive
category for promotion for officers on the Space Force officer list.
Each officer whose name appears on the Space Force officer list shall
be carried in a competitive category of officers. Officers in the same
competitive category shall compete among themselves for promotion.
``(b) Single Competitive Category for Promotion to General Officer
Grades.--The Secretary of the Air Force shall establish a single
competitive category for all officers on the Space Force officer list
who will be considered by a selection board convened under section
20211 of this title for promotion to the grade of brigadier general or
major general.
``Sec. 20237. Numbers to be recommended for promotion
``(a) Promotion to Grades Below Brigadier General.--
``(1) Determination of maximum number.--Before convening a
selection board under section 20211 of this title to consider
officers for recommendation for promotion to a grade below
brigadier general and in any competitive category, the Secretary of
the Air Force shall determine the maximum number of officers in
that competitive category that the board may recommend for
promotion.
``(2) Determinations.--In order to make the determination under
paragraph (1), the Secretary shall determine--
``(A) the number of positions needed to accomplish mission
objectives which require officers of that competitive category
in the grade to which the board will recommend officers for
promotion;
``(B) the estimated number of officers needed to fill
vacancies in those positions during the period in which it is
anticipated that officers selected for promotion will be
promoted; and
``(C) the number of officers in a space force active status
authorized by the Secretary of the Air Force to serve both on
sustained duty and not on sustained duty in the grade and
competitive category under consideration.
``(b) Promotion to Brigadier General and Major General.--
``(1) Determination of maximum numbers.--Before convening a
selection board under section 20211 of this title to consider
officers for recommendation for promotion to the grade of brigadier
general or major general, the Secretary of the Air Force shall
determine the maximum number of officers serving in a space force
active status on sustained duty, and the maximum number of officers
serving in a space force active status not on sustained duty, that
the board may recommend for promotion.
``(2) Determinations.--In order to make the determinations
under paragraph (1), the Secretary shall determine--
``(A) the number of positions needed to accomplish mission
objectives which require officers serving in a space force
active status on sustained duty, and in a space force active
status not on sustained duty, in the grade to which the board
will recommend officers for promotion; and
``(B) the estimated number of officers on sustained duty
and not on sustained duty needed to fill vacancies in those
positions over the 24-month period beginning on the date on
which the selection board convenes.
``Sec. 20238. Establishment of promotion zones
``(a) In General.--Before convening a selection board under section
20211 of this title to consider officers for promotion to any grade
above first lieutenant or lieutenant (junior grade), the Secretary of
the Air Force shall establish a promotion zone for officers serving in
each grade and competitive category to be considered by the board.
``(b) Determination of Number.--The Secretary of the Air Force
shall determine the number of officers in the promotion zone for
officers serving in any grade and competitive category from among
officers who are eligible for promotion in that grade and competitive
category. Such determination shall be made on the basis of an estimate
of--
``(1) the number of officers needed in that competitive
category in the next higher grade in each of the next five years;
``(2) the number of officers to be serving in that competitive
category in the next higher grade in each of the next five years;
``(3) in the case of a promotion zone for officers to be
promoted to a grade to which section 523 of this title is
applicable, the number of officers authorized for such grade under
such section to be on sustained duty on the last day of each of the
next five fiscal years; and
``(4) the number of officers that should be placed in that
promotion zone in each of the next five years to provide to
officers in those years relatively similar opportunity for
promotion.
``Sec. 20239. Promotions: how made
``(a) Promotion Lists.--
``(1) Placement of names on promotion list.--When the report of
a selection board convened under section 20211 of this title is
approved by the President, the Secretary of the Air Force shall
place the names of all officers approved for promotion within a
competitive category on a single list for that competitive
category, to be known as a promotion list, in the order of the
seniority of such officers on the Space Force officer list or based
on particular merit, as determined by the promotion board, or as
modified by the Secretary of the Air Force under section 20217 of
this title.
``(2) Time of establishment of promotion list.--A promotion
list is considered to be established under this section as of the
date of the approval of the report of the selection board under
paragraph (1).
``(b) Promotions; How Made; Order.--
``(1) Appointment authority.--Officers on a promotion list
shall be promoted by appointment in the manner specified in section
20201 of this title.
``(2) Timing.--Officers on a promotion list for a competitive
category shall be promoted to the next higher grade in accordance
with regulations prescribed by the Secretary of the Air Force.
``(3) Order.--Except as provided in subsections (e) and (f),
promotions shall be made in the order in which the names of
officers appear on the promotion list and after officers previously
selected for promotion in that competitive category have been
promoted.
``(4) Promotions to grade of first lieutenant.--Officers to be
promoted to the grade of first lieutenant shall be promoted in
accordance with regulations prescribed by the Secretary of the Air
Force.
``(c) Promotion of First Lieutenants on an All-fully-qualified
Officers List.--(1) Except as provided in subsection (f), officers on
the Space Force officer list in the grade of first lieutenant who are
on an approved all-fully-qualified-officers list shall be promoted to
the grade of captain in accordance with regulations prescribed by the
Secretary of the Air Force.
``(2) An all-fully-qualified-officers list shall be considered to
be approved for purposes of subparagraph (A) when the list is approved
by the President. When so approved, such a list shall be treated in the
same manner as a promotion list under this chapter.
``(3) The Secretary of the Air Force may make a recommendation to
the President for approval of an all-fully-qualified-officers list only
when the Secretary determines that all officers on the list are needed
in the next higher grade to accomplish mission objectives.
``(4) For purposes of this paragraph, an all-fully-qualified-
officers list is a list of all officers on the Space Force officer list
in a grade who the Secretary of the Air Force determines--
``(A) are fully qualified for promotion to the next higher
grade; and
``(B) would be eligible for consideration for promotion to the
next higher grade by a selection board convened under section 20211
of this title upon the convening of such a board.
``(5) If the Secretary of the Air Force determines that one or more
officers or former officers were not placed on an all-fully-qualified-
list under this subsection because of administrative error, the
Secretary may prepare a supplemental all-fully-qualified-officers list
containing the names of any such officers for approval in accordance
with this subsection.
``(d) Date of Rank.--
``(1) General rule.--The date of rank of an officer appointed
to a higher grade under this section is determined under section
741(d) of this title.
``(2) Adjustments.--The date of rank of an officer appointed to
a higher grade under this section may be adjusted in the same
manner as an adjustment may be made under section 741(d)(4) of this
title in the date of rank of an officer appointed to a higher grade
under section 624(a) of this title. In any use of the authority
under the preceding sentence, subparagraph (C)(ii) of such section
shall be applied by substituting `Space Force officer list' for
`active-duty list'.
``(3) Additional pay and allowances precluded.--Except as
provided in paragraph (2) or as otherwise specifically authorized
by law, an officer is not entitled to additional pay or allowances
if the effective date of the officer's promotion is adjusted to
reflect a date earlier than the actual date of the officer's
promotion.
``(e) Delay of Promotions to General Officer Grades to Comply With
Strength Limitations.--Under regulations prescribed by the Secretary of
Defense, the promotion of an officer on the Space Force officer list to
the grade of brigadier general or major general shall be delayed if
that promotion would cause any strength limitation of section 526 of
this title to be exceeded. The delay shall expire when the Secretary of
the Air Force determines that the delay is no longer required to ensure
compliance with the strength limitation.
``(f) Authority to Delay Appointments for Specified Reasons.--The
provisions of section 14311 of this title shall apply to the
appointment of an officer under this section in the same manner as they
apply to an appointment of an officer under that section, and any
reference in that section to an reserve active-status list shall be
treated for purposes of applicability to an officer of the Space Force
as referring to the Space Force officer list.
``Sec. 20240. Acceptance of promotions; oath of office
``(a) Acceptance.--An officer who is appointed to a higher grade
under section 20239 of this title is considered to have accepted the
appointment on the date on which the appointment is made unless the
officer expressly declines the appointment.
``(b) Oath.--An officer who has served continuously since taking
the oath of office prescribed in section 3331 of title 5 is not
required to take a new oath upon appointment to a higher grade under
section 20239 of this title.
``Sec. 20241. Removal of officers from a list of officers recommended
for promotion
``(a) Removal by President.--The President may remove the name of
any officer from a promotion list at any time before the date on which
the officer is promoted.
``(b) Removal for Withholding of Senate Advice and Consent.--If the
Senate does not give its advice and consent to the appointment to the
next higher grade of an officer whose name is on a list of officers
approved by the President for promotion (except in the case of
promotions to a grade to which appointments may be made by the
President alone), the name of that officer shall be removed from the
list.
``(c) Removal After 18 Months.--(1) If an officer whose name is on
a list of officers approved for promotion under section 20238(a) of
this title to a grade for which appointment is required by section
20201(a) of this title to be made by and with the advice and consent of
the Senate is not appointed to that grade under such section during the
officer's promotion eligibility period, the officer's name shall be
removed from the list unless as of the end of such period the Senate
has given its advice and consent to the appointment.
``(2) Before the end of the promotion eligibility period with
respect to an officer under paragraph (1), the President may extend
that period for purposes of paragraph (1) by an additional 12 months.
``(3) In this subsection, the term `promotion eligibility period'
means, with respect to an officer whose name is on a list of officers
approved for promotion under section 20238(a) of this title to a grade
for which appointment is required by section 20201(a) of this title to
be made by and with the advice and consent of the Senate, the period
beginning on the date on which the list is so approved and ending on
the first day of the eighteenth month following the month during which
the list is so approved.
``(d) Administrative Removal.--Under regulations prescribed by the
Secretary of the Air Force, if an officer on the Space Force officer
list is discharged or dropped from the rolls or transferred to a
retired status after having been recommended for promotion to a higher
grade under this chapter, but before being promoted, the officer's name
shall be administratively removed from the list of officers recommended
for promotion by a selection board.
``(e) Continued Eligibility for Promotion.--(1) An officer whose
name is removed from a list under subsection (a), (b), or (c) continues
to be eligible for consideration for promotion. If that officer is
recommended for promotion by the next selection board convened for that
officer's grade and competitive category and the officer is promoted,
the Secretary of the Air Force may, upon the promotion, grant the
officer the same date of rank, the same effective date for the pay and
allowances of the grade to which promoted, and the same position on the
Space Force officer list, as the officer would have had if the
officer's name had not been removed from the list.
``(2) If such an officer who is in a grade below the grade of
colonel is not recommended for promotion by the next selection board
convened for the officer's grade and competitive category, or if the
officer's name is again removed from the list of officers recommended
for promotion, or if the Senate again does not give its advice and
consent to his promotion, the officer shall be considered for all
purposes to have failed of selection for promotion to the next higher
grade.
``(f) Applicability of Previous Executive Order.--Except as
otherwise provided by the President by Executive order, any Executive
order issued before the date of the enactment of this section relating
to functions of the President under section 14310 of this title shall
apply in the same manner to functions of the President under this
section.
``Sec. 20242. Authority to vacate promotions to grade of brigadier
general
``(a) Authority.--The President may vacate the appointment of a
Space Force officer to the grade of brigadier general if the period of
time during which the officer has served in that grade after promotion
to that grade is less than 18 months.
``(b) Effect of Promotion Being Vacated.--An officer whose
promotion to the grade of brigadier general is vacated under this
section holds the grade of colonel. Upon assuming the grade of colonel
under this section, the officer shall have the same position on the
Space Force officer list as the officer would have had if the officer
had not served in the higher grade.
``Sec. 20243. General officers ceasing to occupy positions commensurate
with grade
``(a) General Officers.--Within 60 days after an officer of the
Space Force on the Space Force officer list in a general officer grade
ceases to occupy a position commensurate with that grade (or
commensurate with a higher grade), the Secretary of the Air Force shall
transfer or discharge the officer in accordance with whichever of the
following the officer elects:
``(1) Transfer the officer in grade to the Space Force retired
list, if the officer is qualified and applies for the transfer.
``(2) Transfer the officer in grade to a Space Force inactive
status, if the officer is qualified.
``(3) Discharge the officer from the officer's appointment and,
if the officer is qualified and applies therefor, appoint the
officer in the grade held by the officer as a before the officer's
appointment in a general officer grade.
``(4) Discharge the officer from the officer's appointment.
``(b) Credit for Service in Grade.--An officer who is appointed
under subsection (a)(3) shall be credited with an amount of service in
the grade in which appointed that is equal to the amount of prior
service in an active status in that grade and in any higher grade.
``SUBCHAPTER IV--FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY
SEPARATION
``Sec. 20251. Failure of selection for promotion
``(a) In General.--Except as provided in this section, sections
14501, 14503, and 14504 and section 631 and 632 of this title shall
apply to promotions of officers on the Space Force officer list. For
the purpose of such applicability--
``(1) any reference in those sections to the reserve active-
status list or the active-duty list shall apply to the Space Force
officer list; and
``(2) any reference in those sections to a board convened under
section 14201 or 611 of this title shall apply to a board convened
under section 20211 of this title.
``(b) Inapplicability of Failure of Selection for Promotion to
Officers Above Promotion Zone.--The reference in section 14501 of this
title to an officer above the promotion zone shall not apply in the
promotion of officers on the Space Force officer list.
``(c) Retirement Authorities.--In applying section 631 or 632 of
this title to such an officer, the reference in subsection (a)(3) of
that section to qualifying for retirement under certain sections of
this title shall be deemed to refer to qualifying for retirement under
any provision of law other than chapter 61 of this title.
``(d) Effect of Failure of Selection.--In the administration of
this chapter pursuant to subsection (a)--
``(1) an officer on the Space Force officer list shall not be
deemed to have failed twice of selection for promotion for purposes
of section 629(e)(2) or 14502(b) of this title until the officer
has failed selection of promotion to the next higher grade the
maximum number of times specified for opportunities for promotion
to such grade within the competitive category concerned under
section 20234 of this title; and
``(2) any reference in section 631(a) or 632(a) of this title,
or in sections 14504 through 14506 of this title, to an officer who
has failed of selection for promotion to the next higher grade for
the second time shall be deemed to refer instead to an officer on
the Space Force officer list who has failed of selection for
promotion to the next higher grade for the maximum number of times
specified for opportunities for promotion to such grade within the
competitive category concerned under section 20234 of this title.
``Sec. 20251. Special selection boards; correction of errors
``(a) Persons Not Considered by Promotion Board Because of
Administrative Error.--
``(1) Convening of board.--In the case of an officer or former
officer who the Secretary of the Air Force determines was not
considered for selection for promotion by a selection board
convened under section 20211 of this title because of
administrative error, the Secretary shall convene a special
selection board under this subsection to determine whether that
officer or former officer should be recommended for promotion.
``(2) Board composition; oath.--Any such board shall be
convened under regulations prescribed by the Secretary of Defense
and shall be appointed and composed in accordance with section
20212 of this title and shall include the representation of
competitive categories required by that section. The members of a
board convened under this subsection shall be required to take an
oath in the same manner as prescribed in section 14103 of this
title.
``(3) Record considered by board.--A special selection board
convened under paragraph (1) shall consider the record of the
officer or former officer as that record would have appeared to the
selection board that should have considered the officer or former
officer. That record shall be compared with a sampling of the
records of those officers of the same grade and competitive
category who were recommended for promotion, and those officers of
the same grade and competitive category who were not recommended
for promotion, by that board.
``(4) Effect.--If a special selection board convened under
paragraph (1) does not recommend for promotion an officer or former
officer in a grade below the grade of colonel whose name was
referred to it for consideration, the officer or former officer
shall be considered to have failed of selection for promotion.
``(b) Officers Considered but Not Selected; Material Error.--
``(1) Convening of board.--In the case of an officer or former
officer who was eligible for promotion and was considered for
selection for promotion by a selection board convened under section
20211 of this title but was not selected, the Secretary of the Air
Force may, under regulations prescribed by the Secretary of
Defense, convene a special selection board under this subsection to
determine whether the officer or former officer should be
recommended for promotion, if the Secretary must determine that--
``(A) the action of the selection board that considered the
officer or former officer was contrary to law in a matter
material to the decision of the board or involved material
error of fact or material administrative error; or
``(B) the board did not have before it for its
consideration material information.
``(2) Board composition; oath.--A special selection board
convened under paragraph ((1) shall be appointed and composed in
accordance with section 20212 of this title (including the
representation of competitive categories required by that section),
and the members of sch a board shall take an oath in the same
manner as prescribed in section 14103 of this title.
``(3) Record considered by board.--The special selection board
shall consider the record of the officer or former officer as that
record, if corrected, would have appeared to the board that
considered the officer or former officer. That record shall be
compared with the records of a sampling of those officers of the
same grade and competitive category who were recommended for
promotion, and those officers of the same grade and competitive
category who were not recommended for promotion, by that board.
``(4) Effect.--If a special selection board convened under
paragraph (1) does not recommend for promotion a officer or former
officer whose name was referred to it for consideration, the
officer or former officer incurs no additional failure of selection
for promotion.
``(c) Report of Board.--Each special selection board convened under
this section shall submit to the Secretary of the Air Force a written
report, signed by each member of the board, containing the name of each
officer or former officer it recommends for promotion and certifying
that the board has carefully considered the record of each officer or
former officer whose name was referred to it.
``(d) Applicable Provisions.--The provisions of sections 20215 and
20216 of this title apply to the report and proceedings of a special
selection board convened under this section in the same manner as they
apply to the report and proceedings of a selection board convened under
section 20211 of this title.
``(e) Appointment of Officers Recommended for Promotion.--
``(1) Promotion.--An officer or former officer whose name is
placed on a promotion list as a result of a recommendation for
promotion by a special selection board convened under this section
shall, as soon as practicable, be appointed to the next higher
grade in accordance with the law and policies which would have been
applicable had the officer or former officer been recommended for
promotion by the board which should have considered or which did
consider the officer of former officer.
``(2) Status of promoted officer.--An officer who is promoted
to the next higher grade as the result of the recommendation of a
special selection board convened under this section shall, upon
such promotion, have the same date of rank, the same effective date
for the pay and allowances of that grade, and the same position on
the Space Force officer list as the officer would have had if the
officer had been recommended for promotion to that grade by the
selection board which should have considered, or which did
consider, the officer.
``(3) Correction of military record.--If the report of a
special selection board convened under this section, as approved by
the President, recommends for promotion to the next higher grade an
officer not currently eligible for promotion or a former officer
whose name was referred to it for consideration, the Secretary of
the Air Force may act under section 1552 of this title to correct
the military record of the officer or former officer to correct an
error or remove an injustice resulting from not being selected for
promotion by the board which should have considered, or which did
consider, the officer.
``(f) Prescribing of Circumstances for Consideration by Board.--The
Secretary of Defense may prescribe by regulation--
``(1) the circumstances under which consideration by a special
selection board is contingent upon application for consideration by
an officer or former officer; and
``(2) time limits within which of officer or former officer
must make such application in order to be considered by a special
selection board under this section.
``(g) Convening of Boards.--A board convened under this section--
``(1) shall be convened under regulations prescribed by the
Secretary of Defense;
``(2) shall be composed in accordance with section 20212 of
this title and regulations prescribed by the Secretary of the Air
Force; and
``(3) shall be subject to the provisions of section 613 of this
title.
``(h) Limitation of Other Jurisdiction.--No official or court of
the United States shall have power or jurisdiction--
``(1) over any claim based in any way on the failure of an
officer or former officer of the armed forces to be selected for
promotion by a selection board convened under this chapter until--
``(A) the claim has been referred to a special selection
board by the Secretary of the Air Force and acted upon by that
board; or
``(B) the claim has been rejected by the Secretary without
consideration by a special selection board; or
``(2) to grant any relief on such a claim unless the officer or
former officer has been selected for promotion by a special
selection board convened under this section to consider the officer
or former officer's claim.
``(i) Judicial Review.--(1) A court of the United States may review
a determination by the Secretary of the Air Force under subsection
(a)(1), (b)(1), or (e)(3) not to convene a special selection board. If
a court finds the determination to be arbitrary or capricious, not
based on substantial evidence, or otherwise contrary to law, it shall
remand the case to the Secretary, who shall provide for consideration
of the officer or former officer by a special selection board under
this section.
``(2) If a court finds that the action of a special selection board
which considers an officer or former officer was contrary to law or
involved material error of fact or material administrative error, it
shall remand the case to the Secretary, who shall provide the officer
or former officer reconsideration by a new special selection board.
``(j) Designation of Boards.--The Secretary of the Air Force may
designate a promotion board convened under section 20201(a) of this
title as a special selection board convened under this section.
``Sec. 20252a. Special selection review boards: reference
``Section 628a of this title, relating to the convening of a
special selection review board when credible information of an adverse
nature was not furnished to a promotion board, applies with respect to
persons recommended by a selection board for promotion to a grade at or
below the grade of major general in the Space Force.
``Sec. 20253. Retirement: retirement for years of service
``Sections 633 through 636 of this title shall apply to the
retirement of officers on the Space Force officer list in the same
manner as to officers of the Regular Air Force.
``SUBCHAPTER V--CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY
RETIREMENT; OTHER PROVISIONS
``Sec. 20261 Selection of officers for continuation on the Space Force
officer list
``Section 14701 of this title shall apply in continuation or
retention on the Space Force officer in the same manner as to
continuation on the reserve active-status list.
``Sec. 20262. Retirement: selective early retirement
``Sections 638 and 638a of this title shall apply to the retirement
of officers on the Space Force officer list in the same manner as to
officers of the Regular Air Force.
``Sec. 20263. Entitlement of officers discharged or retired under this
chapter to separation pay or retired pay
``(a) Separation Pay.--An officer who is discharged under this
chapter is entitled, if eligible therefor, to separation pay under
section 1174 of this title.
``(b) Retired Pay.--An officer who is retired under this chapter is
entitled to retired pay computed under chapter 71 or 1223 of this
title, as applicable.
``Sec. 20264. Other administrative authorities
``The following provisions of this title shall apply to officers on
the Space Force officer list in the same manner as to officers subject
to those provisions:
``(1) Section 14518, relating to continuation of officers to
complete disciplinary action.
``(2) Section 14519, relating to deferment of retirement or
separation for medical reasons.
``(3) Section 14704, relating to the selective early removal
from the reserve active-status list.''.
(d) Temporary (``brevet'') Promotions for Officers With Critical
Skills.--Section 605 of title 10, United States Code, is amended as
follows:
(1) Coverage of space force officers.--Subsections (a),
(b)(2)(A), (f)(1), and (f)(2) are amended by striking ``or Marine
Corps,'' each place it appears and inserting ``Marine Corps, or
Space Force,''.
(2) Disaggregation of air force maximum numbers.--Subsection
(g) is amended--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(B) by striking paragraph (2) and inserting the following
new paragraphs (2) and (3):
``(2) In the case of the Air Force--
``(A) as captain 95;
``(B) as major, 305;
``(C) as lieutenant colonel, 165; and
``(D) as colonel, 75.
``(3) In the case of the Space Force--
``(A) as captain, 5;
``(B) as major, 20;
``(C) as lieutenant colonel, 10; and
``(D) as colonel, 5.''.
SEC. 1717. ENLISTED MEMBERS.
(a) In General.--Subtitle F of title 10, United States Code, as
amended by section 1716, is further amended by adding at the end the
following new chapter:
``CHAPTER 2007--ENLISTED MEMBERS
``Sec.
``20301. Original enlistments: qualifications; grade.
``20302. Enlisted members: term of enlistment.
``20303. Reference to chapter 31.
``Sec. 20301. Original enlistments: qualifications; grade
``(a) Original Enlistments.--
``(1) Authority to accept.--The Secretary of the Air Force may
accept original enlistments in the Space Force of qualified,
effective, and able-bodied persons.
``(2) Age.--A person accepted for original enlistment shall be
not less than seventeen years of age. However, no person under
eighteen years of age may be originally enlisted without the
written consent of the person's parent or guardian, if the person
has a parent or guardian entitled to the person's custody and
control.
``(b) Grade.--A person is enlisted in the Space Force in the grade
prescribed by the Secretary of the Air Force.
``Sec. 20302. Enlisted members: term of enlistment
``(a) Term of Original Enlistments.--The Secretary of the Air Force
may accept original enlistments of persons for the duration of their
minority or for a period of at least two but not more than eight years
in the Space Force.
``(b) Term of Reenlistments.--The Secretary of the Air Force may
accept a reenlistment in the Space Force for a period determined in
accordance with paragraphs (2), (3), and (4) of section 505(d) of this
title.
``Sec. 20303. Reference to chapter 31
``For other provisions of this title applicable to enlistments in
the Space Force, see chapter 31 of this title.''.
(b) Amendments to Title 10 Chapter Relating to Enlistments.--
Chapter 31 of such title is amended as follows:
(1) Recruiting campaigns.--Section 503(a) is amended by
inserting ``and the Space Force'' after ``Regular Coast Guard''.
(2) Qualifications, term, grade.--Section 505 is amended--
(A) by striking ``Regular Space Force,'' each place it
appears; and
(B) by adding at the end the following new subsection:
``(e) Enlistments in the Space Force.--For enlistments in the Space
Force, see sections 20301 and 20302 of this title.''.
(3) Extension of enlistments during war.--Section 506 is
amended by striking ``Regular'' before ``Space Force''.
(4) Reenlistment.--Section 508 is amended striking ``Regular''
before ``Space Force'' in subsections (b) and (c).
(5) Enlistment incentives for pursuit of skills to facilitate
national service.--Section 510(c) is amended--
(A) in paragraph (2), by inserting ``or the Space Force''
after ``Selected Reserve''; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively;
(ii) by inserting after subparagraph (C) the following
new subparagraph (D):
``(D) in the Space Force;''; and
(iii) in subparagraph (F), as so redesignated, by
striking ``subparagraphs (A) through (D)'' and inserting
``subparagraphs (A) through (E)''.
(6) College first program.--Section 511(b)(1)(A), is amended by
inserting ``or as a member of the Space Force,'' after ``reserve
component,''.
(7) Delayed entry program.--Section 513(a) is amended--
(A) by inserting, ``, or who is qualified under section
20301 of this title and applicable regulations for enlistment
in the Space Force,'' after ``armed force''; and
(B) by inserting ``, or be enlisted as a member of the
Space Force,'' after ``Coast Guard Reserve''.
(8) Effect upon enlisted status of acceptance of appointment as
cadet or midshipman.--Section 516(b) is amended by inserting ``or
in the Space Force,'' after ``armed force''.
SEC. 1718. RETENTION AND SEPARATION GENERALLY.
(a) In General.--Subtitle F of title 10, United States Code, as
amended by section 1717, is further amended by adding at the end the
following new chapter:
``CHAPTER 2009--RETENTION AND SEPARATION GENERALLY
``Sec.
``20401. Applicability of certain provisions of law related to
separation.
``20402. Enlisted members: standards and qualifications for retention.
``20403. Officers: standards and qualifications for retention.
``20404. Selection of officers for early retirement or discharge.
``20404. Force shaping authority.
``Sec. 20401. Applicability of certain provisions of law related to
separation
``(a) Officer Separation.--Except as specified in this section or
otherwise modified in this chapter, the provisions of chapter 59 of
this title applicable to officers of a regular component shall apply to
officers of the Space Force.
``(b) Except as specified in this section or otherwise modified in
this chapter, the provisions of sections 1169, 1170, 1171, 1173,
1174(b) 1176(a) of chapter 59 of this title applicable to enlisted
members of a regular component shall apply to enlisted members of the
Space Force.
``(c) The provisions of section 1172 of this title pertaining to a
person enlisted under section 518 of this title shall apply to an
enlisted member of the Space Force.
``(d) The provisions of section 1174 of this title--
``(1) pertaining to a regular officer shall apply to a Space
Force officer serving on sustained duty;
``(2) pertaining to a regular enlisted member shall apply to an
enlisted member of the Space Force serving on sustained duty; and
``(3) pertaining to other members shall apply to members of the
Space Force not serving on sustained duty.
``(e) The provisions of section 1175 of this title pertaining to a
voluntary appointment, enlistment, or transfer to a reserve component
shall apply to the voluntary release from active duty of a member of
the Space Force on sustained duty.
``(f) The provisions of section 1176 of this title--
``(1) pertaining to a regular enlisted member shall apply to an
enlisted member of the Space Force serving on sustained duty; and
``(2) pertaining to a reserve enlisted member serving in an
active status shall apply to an enlisted member of the Space Force
serving in a space force active status or on sustained duty.
``Sec. 20402. Enlisted members: standards and qualifications for
retention
``(a) Standards and Qualifications for Retention.--The Secretary of
the Air Force shall, by regulation, prescribe--
``(1) standards and qualifications for the retention of
enlisted members of the Space Force; and
``(2) equitable procedures for the periodic determination of
the compliance of each such member with those standards and
qualifications.
``(b) Effect of Failure to Comply With Standards and
Qualifications.--If an enlisted member serving in Space Force active
status fails to comply with the standards and qualifications prescribed
under subsection (a), the member shall--
``(1) if qualified, be transferred to Space Force inactive
status;
``(2) if qualified, be retired in accordance with section 20603
of this title; or
``(3) have the member's enlistment terminated.
``Sec. 20403. Officers: standards and qualifications for retention
``(a) Standards and Qualifications.--To be retained in an active
status, a Space Force officer must--
``(1) in any applicable yearly period, attain the number of
points under section 12732(a)(2) of this title that are prescribed
by the Secretary of the Air Force; and
``(2) conform to such other standards and qualifications as the
Secretary may prescribe for officers of the Space Force.
``(b) Limitation on Minimum Number of Points.--The Secretary may
not prescribe a minimum of more than 50 points under subsection (a).
``(c) Result of Failure to Comply.--A Space Force officer who fails
to attain the number of points prescribed under subsection (a)(1), or
to conform to the standards and qualifications prescribed under
subsection (a)(2), may be referred to a board convened under section
20501(a) of this title.
``Sec. 20404. Selection of officers for early retirement or discharge
``(a) Consideration for Early Retirement.--The Secretary of the Air
Force may convene selection boards under section 20211(b) of this title
to consider for early retirement officers on the space force officer
list as follows:
``(1) Officers in the grade of lieutenant colonel who have
failed of selection for promotion at least one time and whose names
are not on a list of officers recommended for promotion.
``(2) Officers in the grade of colonel who have served in that
grade for at least two years and whose names are not on a list of
officers recommended for promotion.
``(3) Officers, other than those described in paragraphs (1)
and (2), holding a grade below the grade of colonel--
``(A) who are eligible for retirement under section 20601
of this title or who after two additional years or less of
active service would be eligible for retirement under that
section; and
``(B) whose names are not on a list of officers recommended
for promotion.
``(b) Consideration for Discharge.--
``(1) The Secretary of the Air Force may convene selection
boards under section 20211 of this title to consider for discharge
officers on the space force officer list--
``(A) who have served at least one year of active status in
the grade currently held;
``(B) whose names are not on a list of officers recommended
for promotion; and
``(C) who are not eligible to be retired under any
provision of law (other than by reason of eligibility pursuant
to section 4403 of the National Defense Authorization Act for
Fiscal Year 1993) and are not within two years of becoming so
eligible.
``(2) An officer who is recommended for discharge by a
selection board convened pursuant to the authority of paragraph (1)
and whose discharge is approved by the Secretary of the Air Force
shall be discharged on a date specified by the Secretary.
``(3) Selection of officers for discharge under paragraph (1)
shall be based on the needs of the service.
``(c) Discharges and Retirements Considered to Be Involuntary.--The
discharge or retirement of an officer pursuant to this section shall be
considered to be involuntary for purposes of any other provision of
law.
``Sec. 20405. Force shaping authority
``(a) Authority.--The Secretary of the Air Force may, solely for
the purpose of restructuring the Space Force--
``(1) discharge an officer described in subsection (b); or
``(2) involuntarily release such an officer from sustained
duty.
``(b) Covered Officers.--
``(1) The authority under this section may be exercised in the
case of an officer of the Space Force serving on sustained duty
who--
``(A) has completed not more than six years of service as a
commissioned officer in the armed forces; or
``(B) has completed more than six years of service as a
commissioned officer in the armed forces, but has not completed
the minimum service obligation applicable to that officer.
``(2) In this subsection, the term `minimum service
obligation', with respect to a member of the Space Force, means the
initial period of required active duty service applicable to the
member, together with any additional period of required active duty
service incurred by that member during the member's initial period
of required active duty service.
``(c) Regulations.--The Secretary of the Air Force shall prescribe
regulations for the exercise of the Secretary's authority under this
section.''.
(b) Conforming Amendments.--Section 647 of title 10, United States
Code, is amended--
(1) in subsection (b), by inserting ``(other than an officer of
the Space Force)'' after ``in the case of an officer'';
(2) in subsection (c), by striking ``Regular Marine Corps, of
Regular Space Force'' and inserting ``or Regular Marine Corps'';
and
(3) by adding at the end the following new subsection:
``(e) Space Force.--For a similar provision with respect to
officers of the Space Force, see section 20405 of this title.''.
SEC. 1719. SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY
OR FOR CERTAIN OTHER REASONS.
Subtitle F of title 10, United States Code, as amended by section
1718, is further amended by adding at the end the following new
chapter:
``CHAPTER 2011--SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORMANCE OF
DUTY OR FOR CERTAIN OTHER REASONS
``Sec.
``20501. Authority to establish procedures to consider the separation of
officers for substandard performance of duty and for certain
other reasons.
``20502. Retention boards.
``20503. Removal of officer: action by Secretary upon recommendation of
retention board.
``20504. Rights and procedures.
``20505. Officer considered for removal: voluntary retirement or
discharge.
``20506. Officers eligible to serve on retention boards.
``Sec. 20501. Authority to establish procedures to consider the
separation of officers for substandard performance of duty and for
certain other reasons
``(a) Procedures for Review of Record of Officers Relating to
Standards of Performance of Duty.--
``(1) The Secretary of the Air Force shall prescribe, by
regulation, procedures for the review at any time of the record of
any commissioned officer (other than a retired officer) of the
Space Force in a space force active status to determine whether the
officer shall be required, because of a reason stated in paragraph
(2), to show cause for the officer's retention in a space force
active status.
``(2) The reasons referred to in paragraph (1) are the
following:
``(A) The officer's performance of duty has fallen below
standards prescribed by the Secretary of Defense.
``(B) The officer has failed to satisfy the standards and
qualifications established under section 20403 of this title by
the Secretary of the Air Force.
``(b) Procedures for Review of Record of Officers Relating to
Certain Other Reasons.--
``(1) The Secretary of the Air Force shall prescribe, by
regulation, procedures for the review at any time of the record of
any commissioned officer (other than a retired officer) of the
Space Force in a space force active status to determine whether the
officer should be required, because of a reason stated in paragraph
(2), to show cause for the officer's retention in a space force
active status.
``(2) The reasons referred to in paragraph (1) are the
following:
``(A) Misconduct.
``(B) Moral or professional dereliction.
``(C) The officer's retention is not clearly consistent
with the interests of national security.
``(c) Secretary of Defense Limitations.--Regulations prescribed by
the Secretary of the Air Force under this section are subject to such
limitations as the Secretary of Defense may prescribe.
``Sec. 20502. Retention boards
``(a) Convening of Boards to Consider Officers Required to Show
Cause.--The Secretary of the Air Force shall convene retention boards
at such times and places as the Secretary may prescribe to receive
evidence and make findings and recommendations as to whether an officer
who is required under section 20501 of this title to show cause for
retention in a space force active status should be retained in a space
force active status. Each retention board shall be composed of not less
than three officers having the qualifications prescribed by section
20506 of this title.
``(b) Fair and Impartial Hearing.--A retention board shall give a
fair and impartial hearing to each officer required under section 20501
of this title to show cause for retention in a space force active
status.
``(c) Effect of Board Determination Than an Officer Has Failed to
Establish That the Officer Should Be Retained.--
``(1) If a retention board determines that the officer has
failed to establish that the officer should be retained in a space
force active status, the board shall recommend to the Secretary of
the Air Force one of the following:
``(A) That the officer be transferred to an inactive
status.
``(B) That the officer, if qualified under any provision of
law, be retired.
``(C) That the officer be discharged from the Space Force.
``(2) Under regulations prescribed by the Secretary of the Air
Force, an officer as to whom a retention board makes a
recommendation under paragraph (1) that the officer not be retained
in a space force active status may be required to take leave
pending the completion of the officer's case under this chapter.
The officer may be required to begin such leave at any time
following the officer's receipt of the report of the retention
board, including the board's recommendation for removal from a
space force active status, and the expiration of any period allowed
for submission by the officer of a rebuttal to that report. The
leave may be continued until the date on which action by the
Secretary of the Air Force on the officer's case is completed or
may be terminated at any earlier time.
``(d) Effect of Board Determination Than an Officer Has Established
That the Officer Should Be Retained.--
``(1) If a retention board determines that the officer has
established that the officer should be retained in a space force
active status, the officer's case is closed.
``(2) An officer who is required to show cause for retention in
a space force active status under subsection (a) of section 20501
of this title and who is determined under paragraph (1) to have
established that the officer should be retained in a space force
active status may not again be required to show cause for retention
in a space force active status under such subsection within the
one-year period beginning on the date of that determination.
``(3)(A) Subject to subparagraph (B), an officer who is
required to show cause for retention in a space force active status
under subsection (b) of section 20501 of this title and who is
determined under paragraph (1) to have established that the officer
should be retained in a space force active status may again be
required to show cause for retention at any time.
``(B) An officer who has been required to show cause for
retention in a space force active status under subsection (b) of
section 20501 of this title and who is thereafter retained in an
active status may not again be required to show cause for retention
in a space force active status under such subsection solely because
of conduct which was the subject of the previous proceedings,
unless the findings or recommendations of the retention board that
considered the officer's previous case are determined to have been
obtained by fraud or collusion.
``(4) In the case of an officer described in paragraph (2) or
paragraph (3)(A), the retention board may recommend that the
officer be required to complete additional training, professional
education, or such other developmental programs as may be available
to correct any identified deficiencies and improve the officer's
performance within the Space Force.
``Sec. 20503. Removal of officer: action by Secretary upon
recommendation of retention board
``The Secretary of the Air Force may remove an officer from space
force active status if the removal of such officer from space force
active status is recommended by a retention board convened under
section 20502 of this title.
``Sec. 20504. Rights and procedures
``(a) In General.--Under regulations prescribed by the Secretary of
the Air Force, each officer required under section 20501 of this title
to show cause for retention in a space force active status--
``(1) shall be notified in writing, at least 30 days before the
hearing of the officer's case by a retention board, of the reasons
for which the officer is being required to show cause for retention
in a space force active status;
``(2) shall be allowed a reasonable time, as determined by the
board, to prepare the officer's showing of cause for retention in a
space force active status;
``(3) shall be allowed to appear either in person or through
electronic means and to be represented by counsel at proceedings
before the board; and
``(4) shall be allowed full access to, and shall be furnished
copies of, records relevant to the officer's case, except that the
board shall withhold any record that the Secretary determines
should be withheld in the interest of national security.
``(b) Summary of Records Withheld in Interest of National
Security.--When a record is withheld under subsection (a)(4), the
officer whose case is under consideration shall, to the extent that the
interest of national security permits, be furnished a summary of the
record so withheld.
``Sec. 20505. Officer considered for removal: voluntary retirement or
discharge
``(a) In General.--At any time during proceedings under this
chapter with respect to the removal of an officer from a space force
active status , the Secretary of the Air Force may grant a request by
the officer--
``(1) for voluntary retirement, if the officer is qualified for
retirement; or
``(2) for discharge in accordance with subsection (b)(2).
``(b) Retirement or Discharge.--An officer removed from a space
force active status under section 20503 of this title shall--
``(1) if eligible for voluntary retirement under any provision
of law on the date of such removal, be retired in the grade and
with the retired pay for which the officer would be eligible if
retired under such provision; and
``(2) if ineligible for voluntary retirement under any
provision of law on the date of such removal--
``(A) be honorably discharged in the grade then held, in
the case of an officer whose case was brought under subsection
(a) of section 20501 of this title; or
``(B) be discharged in the grade then held, in the case of
an officer whose case was brought under subsection (b) of
section 20501 of this title.
``(c) Separation Pay for Discharged Officer.--An officer who is
discharged under subsection (b)(2) is entitled, if eligible therefor,
to separation pay under section 1174(a)(2) of this title.
``Sec. 20506. Officers eligible to serve on retention boards
``(a) In General.--The provisions of section 1187 of this title
apply to the membership of boards convened under this chapter in the
same manner as to the membership of boards convened under chapter 60 of
this title.
``(b) Retired Air Force Officers.--
``(1) Authority.--In applying subsection (b) of section 1187 of
this title to a board convened under this chapter, the Secretary of
the Air Force may appoint retired officers of the Air Force, in
addition to retired officers of the Space Force, to complete the
membership of the board.
``(2) Limitation.--A retired officer of the Air Force may be
appointed to a board under paragraph (1) only if the officer served
in a space-related career field of the Air Force for sufficient
time such that the Secretary of the Air Force determines that the
retired Air Force officer has adequate knowledge concerning the
standards of performance and conduct required of an officer of the
Space Force.''.
SEC. 1719A. RETIREMENT.
(a) In General.--Subtitle F of title 10, United States Code, as
amended by section 1719, is further amended by adding at the end the
following new chapter:
``CHAPTER 2013--VOLUNTARY RETIREMENT FOR LENGTH OF SERVICE
``Sec.
``20601. Officers: voluntary retirement for length of service.
``20602. Officers: computation of years of service for voluntary
retirement.
``20603. Enlisted members: voluntary retirement for length of service.
``20604. Enlisted members: computation of years of service for voluntary
retirement.
``20605. Applicability of other provisions of law relating to
retirement.
``Sec. 20601. Officers: voluntary retirement for length of service
``(a) Twenty Years or More.--The Secretary of the Air Force may,
upon the officer's request, retire a commissioned officer of the Space
Force who has at least 20 years of service computed under section 20602
of this title, at least 10 years of which have been active service as a
commissioned officer.
``(b) Thirty Years or More.--A commissioned officer of the Space
Force who has at least 30 years of service computed under section 20602
of this title may be retired upon the officer's request, in the
discretion of the President.
``(c) Forty Years or More.--Except as provided in section 20503 of
this title, a commissioned officer of the Space Force who has at least
40 years of service computed under section 20602 of this title shall be
retired upon the officer's request.
``Sec. 20602. Officers: computation of years of service for voluntary
retirement
``(a) Years of Active Service.--For the purpose of determining
whether an officer of the Space Force may be retired under section
20601 of this title, the officer's years of service are computed by
adding all active service in the armed forces.
``(b) Reference to Section Excluding Service During Certain
Periods.--Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.
``Sec. 20603. Enlisted members: voluntary retirement for length of
service
``(a) Twenty to Thirty Years.--Under regulations to be prescribed
by the Secretary of the Air Force, an enlisted member of the Space
Force who has at least 20, but less than 30, years of service computed
under section 20604 of this title may, upon the member's request, be
retired.
``(b) Thirty Years or More.--An enlisted member of the Space Force
who has at least 30 years of service computed under section 20604 of
this title shall be retired upon the member's request.
``Sec. 20604. Enlisted members: computation of years of service for
voluntary retirement
``(a) Years of Active Service.--For the purpose of determining
whether an enlisted member of the Space Force may be retired under
section 20603 of this title, the member's years of service are computed
by adding all active service in the armed forces.
``(b) Reference to Section Excluding Counting of Certain Service
Required to Be Made up.--Time required to be made up under section
972(a) of this title may not be counted in computing years of service
under subsection (a).
``Sec. 20605. Applicability of other provisions of law relating to
retirement
``(a) Applicability to Members of the Space Force.--Except as
specifically provided for by this chapter, the provisions of this title
specified in subsection (b) apply to members of the Space Force as
follows:
``(1) Provisions pertaining to an officer of the Air Force
shall apply to an officer of the Space Force.
``(2) Provisions pertaining to an enlisted member of the Air
Force shall apply to an enlisted member of the Space Force.
``(3) Provisions pertaining to a regular officer shall apply to
an officer who is on sustained duty in the Space Force.
``(4) Provisions pertaining to a regular enlisted member shall
apply to an enlisted member who is on sustained duty in the Space
Force.
``(5) Provisions pertaining to a reserve officer shall apply to
an officer who is in a space force active status but not on
sustained duty.
``(6) Provisions pertaining to a reserve enlisted member shall
apply to an enlisted member who is in a space force active status
but not on sustained duty.
``(7) Provisions pertaining to service in a regular component
shall apply to service on sustained duty.
``(8) Provisions pertaining to service in a reserve component
shall apply to service in a space force active status not on
sustained duty.
``(9) Provisions pertaining to a member of the Ready Reserve
shall apply to a member of the Space Force who is in a space force
active status prior to being ordered to active duty.
``(10) Provisions pertaining to a member of the Retired Reserve
shall apply to a member of the Space Force who has retired under
chapter 1223 of this title.
``(b) Provisions of Law.--The provisions of this title referred to
in subsection (a) are the following:
``(1) Chapter 61, relating to retirement or separation for
physical disability.
``(2) Chapter 63, relating to retirement for age.
``(3) Chapter 69, relating to retired grade.
``(4) Chapter 71, relating to computation of retired pay.
``(5) Chapter 941, relating to retirement from the Air Force
for length of service.
``(6) Chapter 945, relating to computation of retired pay.
``(7) Chapter 1223, relating to retired pay for non-regular
service.
``(8) Chapter 1225, relating to retired grade.''.
(b) Conforming Amendments.--Title 10, United States Code, is
amended as follows:
(1) Retired members ordered to active duty.--Section 688(b) is
amended--
(A) in paragraph (1), by striking ``Regular Marine Corps,
or Regular Space Force'' and inserting ``or Regular Marine
Corps''; and
(B) by adding at the end the following new paragraph:
``(4) A retired member of the Space Force.''.
(2) Retired grade.--Section 9341 is amended--
(A) by striking ``or the Space Force'' both places it
appears in subsection (a);
(B) by striking ``or a Regular or Reserve of the Space
Force'' in subsection (b); and
(C) by adding at the end the following new subsection:
``(c) Space Force.--(1) The retired grade of a commissioned officer
of the Space Force who retires other than for physical disability is
determined under section 1370 or 1370a of this title, as applicable to
the officer.
``(2) Unless entitled to a higher retired grade under some other
provision of law, a member of the Space Force not covered by paragraph
(1) who retires other than for physical disability retires in the grade
that the member holds on the date of the member's retirement.''.
(3) Retired grade of enlisted members after 30 years of
service.--Section 9344(b)(2) is amended by striking ``Regular''
before ``Space Force''.
(4) Retired lists.--Section 9346 is amended--
(A) in subsection (a), by striking ``or the Regular Space
Force'' and inserting ``and a separate retired list containing
the name of each retired commissioned officer of the Space
Force (other than an officer whose name is on the list
maintained under subsection (b)(2))'';
(B) in subsection (b)--
(i) by inserting ``(1)'' after ``(b)'';
(ii) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(iii) in subparagraph (A), as so redesignated, by
striking ``, or for commissioned officers of the Space
Force other than of the Regular Space Force'';
(iv) in subparagraph (B), as so redesignated, by
striking ``or the Space Force''; and
(v) by adding at the end the following new paragraph:
``(2) The Secretary shall maintain a retired list containing
the name of--
``(A) each person entitled to retired pay who as a member
of the Space Force qualified for retirement under section 20601
of this title; and
``(B) each retired warrant officer or enlisted member of
the Space Force who is advanced to a commissioned grade.'';
(C) in subsection (c), by striking ``or the Space Force''
and inserting ``and a separate retired list containing the name
of each retired warrant officer of the Space Force''; and
(D) in subsection (d), by striking ``or the Regular Space
Force'' and inserting ``and a separate retired list containing
the name of each retired enlisted member of the Space Force''.
Subtitle B--Conforming Amendments Related to Space Force Military
Personnel System
SEC. 1721. AMENDMENTS TO DEPARTMENT OF THE AIR FORCE PROVISIONS OF
TITLE 10, UNITED STATES CODE.
(a) Provisions Relating to Personnel.--Part II of subtitle D of
title 10, United States Code, is amended as follows:
(1) Gender-free basis for acceptance of original enlistments.--
(A) Section 9132 by striking ``Regular'' before ``Space
Force''.
(B) The heading of such section is amended by striking the
fifth word.
(2) Reenlistment after service as an officer.--
(A) Section 9138(a) is amended by striking ``Regular''
before ``Space Force'' both places it appears.
(B) The heading of section 9138 is amended by striking the
fifth word.
(3) Warrant officers: original appointment; qualifications.--
Section 9160 is amended by striking ``Regular'' before ``Space
Force''.
(4) Service as an officer to be counted as enlisted service.--
Section 9252 is amended by striking ``Regular'' before ``Space
Force''.
(5) Chapter heading.--
(A) The heading of chapter 915 is amended to read as
follows:
``CHAPTER 915--APPOINTMENTS IN THE REGULAR AIR FORCE AND IN THE SPACE
FORCE''.
(B) The tables of chapters at the beginning of subtitle D,
and at the beginning of part II of subtitle D of such title,
are each amended by striking the item relating to chapter 915
and inserting the following new item:
``915. Appointments in the Regular Air Force and in the Space
Force............................................................9151''.
(b) Provisions Relating to Training Generally.--Section 9401 of
such title is amended--
(1) in subsection (b)--
(A) by striking ``or the Regular Space Force'' after
``Regular Air Force''; and
(B) by inserting ``or one of the Space Force in a space
force active status not on sustained duty,'' after ``on the
active-duty list,'';
(2) in subsection (c)--
(A) by striking ``or Reserve of the Space Force'' and
inserting ``or member of the Space Force in a space force
active status not on sustained duty''; and
(B) by striking ``the Reserve's consent'' and inserting
``the member's consent''; and
(3) in subsection (f)--
(A) by striking ``the Regular Space Force'' and inserting
``of Space Force members on sustained duty''; and
(B) by striking ``the Space Force Reserve'' and inserting
``of Space Force members in an active status not on sustained
duty''.
(c) Provisions Relating to the Air Force Academy.--Chapter 953 of
such title is amended as follows:
(1) Permanent professors; director of admissions.--Section 9436
is amended--
(A) in subsection (a)--
(i) by striking ``the equivalent grade in'' both places
it appears;
(ii) by inserting ``or the Space Force'' after
``Regular Air Force'' the first place it appears;
(iii) by striking ``and a permanent'' and all that
follows through ``in the Regular Air Force''; and
(B) in subsection (b)--
(i) by striking ``the equivalent grade in'' both places
it appears and inserting ``the grade of lieutenant colonel
in''; and
(ii) by striking ``Regular Space Force has the grade
equivalent to the grade of colonel in the Regular Air
Force'' and inserting ``Space Force has the grade of
colonel in the Space Force''.
(2) Appointment of cadets.--Section 9442(b) is amended--
(A) in paragraph (1)(C), by inserting ``, or the Space
Force,'' after ``members of reserve components''; and
(B) in paragraph (2), by striking ``Regular'' before
``Space Force''.
(3) Agreement of cadets to serve as officers.--Section 9448(a)
is amended--
(A) in paragraph (2)(A), by striking ``Regular'' before
``Space Force''; and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by
inserting ``, or to terminate the officer's order to
sustained duty in the Space Force'' after ``resign as a
regular officer'';
(ii) in subparagraph (A), by striking ``or as a Reserve
in the Space Force for service in the Space Force Reserve''
and inserting ``or will accept further assignment in a
space force active status''; and
(iii) in subparagraph (B), by inserting ``, or the
Space Force,'' after ``that reserve component''.
(4) Hazing.--Section 9452(c) is amended by striking ``Marine
Corps, or Space Force,'' and inserting, ``or Marine Corps, or in
the Space Force,''.
(5) Commission upon graduation.--Section 9453(b) is amended--
(A) by striking ``or in the equivalent grade in the Regular
Space Force''; and
(B) by inserting before the period the following: ``or a
second lieutenant in the Space Force under section 531 or 20201
of this title''.
(d) Provisions Relating to Schools and Camps.--Chapter 957 of such
title is amended as follows:
(1) Purpose.--Section 9481 is amended--
(A) by striking ``to qualify them for appointment'' and
inserting ``to qualify them for--
``(1) appointment'';
(B) by striking ``or the Space Force Reserve.'' and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(2) appointment as officers, or enlistment as noncommissioned
officers, for service in the Space Force in a space force active
status.''.
(2) Operation.--Section 9482(4) is amended by striking ``or the
Regular Space Force'' and inserting ``or members of the Space Force
in an active status''.
SEC. 1722. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED STATES CODE.
(a) Provisions Relating to Organization and General Military
Powers.--Part I of subtitle A of title 10, United States Code, is
amended as follows:
(1) Annual defense manpower report.--Section 115a(d)(3)(F) is
amended by inserting before the period the following: ``or, in the
case of the Space Force, officers ordered to active duty other than
under section 20105(b) of this title''.
(2) Suspension of end-strength and other strength limitations
in time of war or national emergency.--Section 123a(a)(2) is
amended by inserting ``or the Space Force'' after ``a reserve
component''.
(3) Deputy commander of usnorthcom.--Section 164(e)(4) is
amended--
(A) by inserting ``(A)'' after ``(4)'';
(B) by striking ``shall be a'' and all that follows and
inserting ``shall be--
``(i) a qualified officer of a reserve component who is
eligible for promotion to the grade of lieutenant general or, in
the case of the Navy, vice admiral; or
``(ii) a qualified officer of the Space Force whose prior
service includes service in a space force active status other than
sustained duty and who is eligible for promotion to the grade of
lieutenant general.''; and
(C) by adding at the end the following new subparagraph:
``(B) The requirement in subparagraph (A) does not apply when the
officer serving as commander of the combatant command described in that
subparagraph is (i) a reserve component officer, or (ii) an officer of
the Space Force whose prior service includes service in a space force
active status other than sustained duty.''.
(4) Readiness reports.--Section 482(a) is amended by inserting
``and the Space Force'' after ``active and reserve components'' in
paragraphs (1) and (2).
(b) DOPMA Officer Personnel Provisions.--Chapter 36 of such title
is amended as follows:
(1) Nondisclosure of board proceedings.--Section 613a is
amended by striking ``573, 611, or 628'' and inserting ``573, 611,
628, or 20211'' in subsections (a) and (c).
(2) Information furnished to selection boards.--Section 615(a)
is amended--
(A) in paragraph (1), by inserting ``or 20211'' after
``section 611(a)''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``regular
officer'' and all that follows and inserting ``regular
officer or an officer in the Space Force, a grade above
captain or, in the case of the Navy, lieutenant.''; and
(ii) in subparagraph (D)--
(I) by striking ``major general,'' and inserting
``major general or''; and
(II) by striking ``or, in the case of the Space
Force, the equivalent grade,''.
(3) Eligibility for consideration for promotion: time-in-grade
and other requirements.--Section 619(a) is amended by striking
``Marine Corps, or Space Force'' each place it appears and
inserting ``or Marine Corps''.
(4) Authority to vacate promotions to grades of brigadier
general and rear admiral (lower half).--Section 625(b) is amended
by striking ``Marine Corps, or Space Force'' and inserting ``or
Marine Corps''.
(5) Special selection review board.--Section 628a is amended--
(A) in subsection (a)(1)(A)--
(i) by striking ``major general,'' and inserting
``major general or''; and
(ii) by striking ``, or an equivalent grade in the
Space Force'';
(B) in subsection (e)(2), by adding at the end the
following new sentence: ``However, in the case of an officer on
the Space Force officer list, the provisions of sections 618,
20215, and 20216 of this title apply to the report and
proceedings of a special selection review board convened under
this section in the same manner as they apply to report and
proceedings of a promotion board convened under section 20211
of this title.'', and
(C) in subsection (f)(1), by adding at the end the
following new sentence: ``However, if the report of a special
selection review board convened under this section recommends
the sustainment of the recommendation for promotion to the next
higher grade of an officer on the Space Force officer list who
was referred to it for review under this section, and the
President approves the report, the officer shall, as soon as
practicable, be appointed to the grade in accordance with
subsections (b) and (c) of section 20251 of this title.''.
(6) Retirement for years of service.--
(A) Lieutenant colonels.--Section 633(a) is amended--
(i) by inserting ``(1)'' before ``Except as'';
(ii) by striking ``Regular Marine Corps, or Regular
Space Force'' and inserting ``or Regular Marine Corps'';
and
(iii) by adding at the end the following new paragraph:
``(2) Except as provided under section 637(b) or 637a of this
title, each officer of the Space Force who holds the grade of
lieutenant colonel who is not on a list of officers recommended for
promotion to the grade of colonel shall, if not earlier retired, be
retired on the first day of the month after the month in which the
officer completes 28 years of active commissioned service.''.
(B) Colonels.--Section 634(a) is amended--
(i) by inserting ``(1)'' before ``Except as'';
(ii) by striking ``Regular Marine Corps, or Regular
Space Force'' and inserting ``or Regular Marine Corps'';
and
(iii) by adding at the end the following new paragraph:
``(2) Except as provided under section 637(b) or 637a of this
title, each officer of the Space Force who holds the grade of colonel
who is not on a list of officers recommended for promotion to the grade
of brigadier general shall, if not earlier retired, be retired on the
first day of the month after the month in which the officer completes
30 years of active commissioned service.''.
(C) Brigadier generals.--Section 635 is amended--
(i) by inserting ``(a) Army, Navy, Air Force, and
Marine Corps.--'' before ``Except as'';
(ii) by striking ``Regular Marine Corps, or Regular
Space Force'' and inserting ``or Regular Marine Corps'';
and
(iii) by adding at the end the following new
subsection:
``(b) Space Force.--Except as provided under section 637(b) or 637a
of this title, each officer of the Space Force who holds the grade of
brigadier general who is not on a list of officers recommended for
promotion to the grade of major general shall, if not earlier retired,
be retired as specified in subsection (a).''.
(D) Officers in grades above brigadier general.--Section
636(a) is amended--
(i) by inserting ``(1)'' before ``Except as'';
(ii) by striking ``Regular Marine Corps, or Regular
Space Force'' and inserting ``or Regular Marine Corps'';
and
(iii) by adding at the end the following new paragraph:
``(2) Except as provided in subsection (b) or (c) and under section
637(b) or 637a of this title, each officer of the Space Force who holds
the grade of major general shall, if not earlier retired, be retired as
specified in paragraph (1).''.
(E) Section headings.--
(i) The heading of section 633 is amended by striking
``lieutenant colonels and'' and inserting ``and Space Force
lieutenant colonels; regular Navy''.
(ii) The heading of section 634 is amended by striking
``colonels and'' and inserting ``and Space Force colonels;
regular''.
(iii) The heading of section 635 is amended by striking
``brigadier generals and'' and inserting ``and Space Force
brigadier generals; regular Navy''.
(iv) The heading of section 636 is amended by striking
``officers in grades above brigadier general and'' and
inserting ``and Space Force officers in grades above
brigadier general; regular Navy officers in grades above''.
(c) Management Policies for Joint Qualified Officers.--Section
661(a) of such title is amended--
(1) by striking ``Marine Corps, and Space Force'' and inserting
``and Marine Corps''; and
(2) by inserting ``, and officers of the Space Force on the
Space Force officer list,'' after ``active-duty list''.
(d) Leave.--Chapter 40 of such title is amended as follows:
(1) Entitlement and accumulation.--Section 701 is amended--
(A) in subsection (h)--
(i) by inserting at the end of paragraph (2) the
following new subparagraph:
``(D) A member of the Space Force in a space force active
status, not on sustained duty.''; and
(ii) in paragraphs (5)(B) and (6), by inserting ``, or
of the Space Force,'' after ``member of a reserve
component''; and
(B) in subsection (i), by inserting ``, or of the Space
Force,'' after ``member of a reserve component''.
(2) Payment upon disapproval of certain board of inquiry
recommendations for excess leave required to be taken.--Section
707a(a)(1) is amended by inserting ``or 20503'' after ``section
1182(c)(2)''.
(3) Career flexibility to enhance retention of members.--
Section 710 is amended--
(A) in subsection (a), by inserting ``or of the Space
Force'' after ``regular components'';
(B) in subsection (b)(2), by inserting ``, or a Space Force
officer in a space force active status not on active duty under
section 20105(b) of this title,'' after ``officer'';
(C) in subsection (c)(1), by inserting before the period at
the end the following: ``or, in the case of a member of the
Space Force on sustained duty, to accept release from sustained
duty orders and to serve in a space force active status''; and
(D) in subsection (g)(1)(A), by striking ``chapter 36 or
1405'' and inserting ``chapter 36, 1405, or 2005''.
(e) Limitation on Number of Offices Who May Be Frocked to a Higher
Grade.--Section 777(d)(2) of such title is amended by inserting ``, or
for the Space Force, the Space Force officer list,'' after ``active-
duty list''.
(f) Uniform Code of Military Justice.--Chapter 47 of such title
(the Uniform Code of Military Justice), is amended as follows:
(1) Persons subject to ucmj.--Section 802 (article 2) is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and members of the
Space Force on active duty under section 20105 of this
title,'' after ``regular component of the armed forces,'';
(ii) in paragraph (3)(A)(i), by inserting ``or the
Space Force'' after ``reserve component'';
(iii) in paragraph (5), by inserting ``, or retired
members of the Space Force who qualified for a non-regular
retirement and are receiving retired pay,'' after ``a
reserve component''; and
(iv) by adding at the end the following new paragraph:
``(14) Retired members of the Space Force who qualified for a
regular retirement under section 20603 of this title and are
receiving retired pay.''; and
(B) in subsection (d)--
(i) in paragraph (1), by inserting ``or the Space
Force'' after ``reserve component'';
(ii) in paragraph (2), by inserting ``or the Space
Force'' after ``a reserve component''; and
(iii) in paragraph (4), by inserting ``or the Space
Force'' after ``in a regular component of the armed
forces''.
(2) Jurisdiction to try certain personnel.--Subsection (d) of
section 803 (article 3) is amended by inserting, ``or the Space
Force'' after ``reserve component''.
(3) Articles to be explained.--Section 937 (article 137) is
amended--
(A) in subsection (a)(1)--
(i) by striking ``or'' at the end of subparagraph (A);
(ii) by striking the period at the end of subparagraph
(B) and inserting ``; or''; and
(iii) by adding at the end the following new
subparagraph:
``(C) the member's initial entrance on active duty or into a
space force active status.'';
(B) in subsection (a)(2)--
(i) by striking ``and'' at the end of subparagraph (A);
(ii) by redesignating subparagraph (B) as subparagraph
(C); and
(iii) by inserting after subparagraph (A) the following
new subparagraph:
``(B) after a member of Space Force has completed six months of
sustained duty or in the case of a member not on sustained duty,
after the member has completed basic or recruit training; and'';
(C) in subsection (b)(1)(B), by inserting ``or the Space
Force'' after ``in a reserve component''; and
(D) in subsection (d), by striking ``or to a member of a
reserve component,'' and inserting ``, to a member of a reserve
component, or to a member of the Space Force,''.
(f) Restriction on Performance of Civil Functions by Officers on
Active Duty.--Section 973(b)(1) of such title 10 is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) to an officer on the Space Force officer list serving on
active duty under section 20105(b) of this title or under a call or
order to active duty for a period in excess of 270 days.''.
(h) Use of Commissary Stores and MWR Retail Facilities.--Section
1063 of such title is amended--
(1) in subsection (c)--
(A) in the heading, by inserting ``and Space Force'' after
``Reserve''; and
(B) by inserting ``or the Space Force'' after ``reserve
component'';
(2) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively;
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Members of the Space Force.--A member of the Space Force in a
space force active status who is not on sustained duty shall be
permitted to use commissary stores and MWR retail facilities under the
same conditions as specified in subsection (a) for a member of the
Selected Reserve.''; and
(4) in subsection (e), as redesignated by paragraph (2), by
striking ``subsection (a) or (b)'' in paragraph (1) and inserting
``subsection (a), (b), or (d)''.
(i) Members Involuntary Separated.--
(1) Eligibility for certain benefits and services.--Section
1141 of such title is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(5) in the case of an officer of the Space Force (other than
a retired officer), the officer is involuntarily discharged or
released from active duty under other than adverse conditions, as
characterized by the Secretary of the Air Force; and
``(6) in the case of an enlisted member of the Space Force, the
member is--
``(A) denied reenlistment; or
``(B) involuntarily discharged or released from active duty
under other than adverse conditions, as characterized by the
Secretary of the Air Force.''.
(2) Separation pay.--Section 1174(a)(2) of such title is
amended by striking ``, Marine Corps, or Space Force'' both places
it appears and inserting ``or Marine Corps''.
(j) Boards for the Correction of Military Records.--Chapter 79 of
such title is amended as follows:
(1) Review of actions of selection boards and correction of
military records.--Section 1558 is amended--
(A) inserting ``, or the Space Force,'' after ``reserve
component'' each place it appears; and
(B) in subsection (b)--
(i) in paragraph (1)(C), by striking ``section 628 or
14502'' and inserting ``section 628, 14502, or 20252'';
(ii) in paragraph (2)(A), by striking ``or 14705'' and
inserting ``14507, or 20403''; and
(iii) in paragraph (2)(B)(i), by striking ``or
14101(a)'' and inserting ``14101(a), or 20211''.
(2) Title of air force service review agency.--
(A) Sections 1555(c)(3) and 1557(f)(3) are amended by
inserting ``the Department of'' after ``Air Force,''.
(B) Section 1556(a) is amended by inserting ``the
Department of'' after ``the Army Review Boards Agency,''.
(C) Section 1559(c)(3) is amended by inserting ``the
Department of the'' after ``Air Force,''.
(k) Military Family Programs.--Chapter 88 of such title is amended
as follows:
(1) Members of department of defense military readiness
council.--Section 1781a(b)(1)(B)(iii) is amended--
(A) by striking ``member and'' and inserting ``member,'';
and
(B) by inserting ``, and one of whom shall be the spouse or
parent of a member of the Space Force'' after ``parent of a
reserve component member''.
(2) Department of defense policy and plans for military family
readiness.--Section 1781b is amended--
(A) in subsection (b)(3), by striking ``military families
of members of the regular components and military families of
members of the reserve components'' and inserting ``military
families of members of the regular components, the reserve
components, and the Space Force''; and
(B) in subsection (c)(2)--
(i) by striking ``both''; and
(ii) by striking ``military families of members of the
regular components and military families of members of the
reserve components'' and inserting ``military families of
members of the regular components, members of the reserve
components, and members of the Space Force''.
(l) Training and Education Programs.--
(1) Payment of tuition for off-duty training or education.--
Section 2007 of such title is amended by adding at the end the
following new subsection:
``(g) The provisions of this section pertaining to members of the
Ready Reserve, the Selected Reserve, or the Individual Ready Reserve
also apply to members of the Space Force in a space force active status
who are not on active duty.''.
(2) ROTC financial assistant program for specially selected
members.--Section 2107 of such title is amended--
(A) in subsection (a)--
(i) by striking ``Navy,'' and inserting ``Navy or'';
and
(ii) by striking ``or as an officer in the equivalent
grade in the Space Force''; and
(B) by adding at the end the following a new subsection:
``(k) Applicability to Space Force.--(1) Provisions of this section
referring to a regular commission, regular officer, or a commission in
a regular component shall be treated as also referring to the
commission of an officer, or an officer, who is a commissioned officer
in the Space Force serving on active duty pursuant to section 20105(b)
of this title.
``(2) Provisions of this section referring to a reserve commission,
reserve officer, or a commission in a reserve component shall be
treated as also referring to the commission of an officer, or an
officer, who is a commissioned officer in the Space Force not serving
on active duty pursuant to section 20105(b) of this title.''.
(3) Duty as rotc administrators and instructors.--Section 2111
of such title is amended by adding at the end the following new
sentence: ``The Secretary of the Air Force may detail members of
the Space Force in the same manner as regular and reserve members
of the Air Force.''.
SEC. 1723. TITLE 38, UNITED STATES CODE (VETERANS' BENEFITS).
(a) Definitions.--
(1) General definitions.--Section 101 of title 38, United
States Code, is amended--
(A) in paragraph (23), by inserting ``, or for members of
the Space Force in a space force active status (as defined in
section 101(e)(1) of title 10),'' in subparagraphs (A) and (B)
after ``(including commissioned officers of the Reserve Corps
of the Public Health Service)''; and
(B) in paragraph (27)--
(i) by striking subparagraph (E); and
(ii) by redesignating subparagraphs (F), (G), and (H)
as subparagraphs (E), (F), and (G), respectively.
(2) Definitions for purposes of sgli.--Section 1965 of such
title is amended--
(A) in paragraph (2)(A), by inserting ``, or by members of
the Space Force in a space force active status (as defined in
section 101(e)(1) of title 10) but not on sustained duty under
section 20105 of title 10,'' after ``for Reserves''; and
(B) in paragraph (3)(A), by inserting ``, or for members of
the Space Force in a space force active status (as defined in
section 101(e)(1) of title 10),'' after ``(including
commissioned officers of the Reserve Corps of the Public Health
Service)''.
(b) Persons Eligible for Interment in National Cemeteries.--Section
2402(a) of such title is amended in paragraph (2), by inserting `` any
member of the Space Force,'' after ``a Reserve component of the Armed
Forces,''.
(c) Educational Assistance.--
(1) Montgomery gi bill.--Section 3011(a)(3)(D) of such title is
amended by inserting ``or for further service in the Space Force in
a space force active status not on sustained duty under section
20105 of title 10'' after ``of the Armed Forces,''.
(2) Post 9-11 gi bill.--Section 3311(c)(3) of such title is
amended by inserting ``, or for further service in the Space Force
in a space force active status not on sustained duty under section
20105 of title 10,'' after ``of the Armed Forces'' the second place
it appears.
Subtitle C--Transition Provisions
SEC. 1731. TRANSITION PERIOD.
In this subtitle, the term ``transition period'' means the period
beginning on the date of the enactment of this Act and ending on the
last day of the fourth fiscal year beginning after the date of the
enactment of this Act.
SEC. 1732. CHANGE OF DUTY STATUS OF MEMBERS OF THE SPACE FORCE.
(a) Change of Duty Status.--
(1) Conversion of status and order to sustained duty.--During
the transition period, the Secretary of the Air Force shall change
the duty status of each member of the Regular Space Force to space
force active status and shall, at the same time, order the member
to sustained duty under section 20105 of title 10, United States
Code, as added by section 1715. Any such order may be made without
regard to any otherwise applicable requirement that such an order
be made only with the consent of the member or as specified in an
enlistment agreement or active-duty service commitment.
(2) Definitions.--For purposes of this section, the terms
``space force active status'' and ``sustained duty'' have the
meanings given those terms by subsection (e) of section 101 of
title 10, United States Code, as added by section 1713(a).
(b) Effective Date of Change of Duty Status.--The change of a
member's duty status and order to sustained duty in accordance with
subsection (a) shall be effective on the date specified by the
Secretary of the Air Force, but not later than the last day of the
transition period.
SEC. 1733. TRANSFER TO THE SPACE FORCE OF MEMBERS OF THE RESERVE
COMPONENTS OF THE AIR FORCE.
(a) Transfer of Members.--
(1) Officers.--During the transition period, the Secretary of
Defense may, with the officer's consent, transfer a covered officer
of a reserve component of the Air Force to, and appoint the officer
in, the Space Force.
(2) Enlisted members.--During the transition period, the
Secretary of the Air Force may transfer each covered enlisted
member of a reserve component of the Air Force to the Space Force,
other than those members who do not consent to the transfer.
(3) Effective date of transfers.--Each transfer under this
subsection shall be effective on the date specified by the
Secretary of Defense, in the case of an officer, or the Secretary
of the Air Force, in the case of an enlisted member, but not later
than the last day of the transition period.
(b) Regulations.--Transfers under subsection (a) shall be carried
out under regulations prescribed by the Secretary of Defense. In the
case of an officer, applicable regulations shall include those
prescribed pursuant to section 716 of title 10, United States Code.
(c) Term of Initial Enlistment in Space Force.--In the case of a
covered enlisted member who is transferred to the Space Force in
accordance with subsection (a), the Secretary of the Air Force may
accept the initial enlistment of the member in the Space Force for a
period of less than 2 years, but only if the period of enlistment in
the Space Force is not less than the period remaining, as of the date
of the transfer, in the member's term of enlistment in a reserve
component of the Air Force.
(d) End Strength Adjustments Upon Transfers From Reserve Components
of the Air Force.--During the transition period, upon the transfer of a
mission of the Air Force Reserve to the Space Force--
(1) the end strength authorized for the Space Force pursuant to
section 115(a)(1)(A) of title 10, United States Code, for the
fiscal year during which the transfer occurs shall be increased by
the number of billets associated with that mission; and
(2) the end strength authorized for the reserve components of
the Air Force pursuant to section 115(a)(2) of such title for such
fiscal year shall be decreased by the same number.
(e) Administrative Provisions.--For purposes of the transfer of
covered members of the Air Force Reserve in accordance with subsection
(a)--
(1) the Air Force Reserve, the Air National Guard, and the
Space Force shall be considered to be components of the same Armed
Force; and
(2) the Space Force officer list shall be considered to be an
active-duty list of an Armed Force.
(f) Retraining and Reassignment for Members Not Transferring.--If a
covered member of a reserve component of the Air Force does not consent
to transfer to the Space Force in accordance with subsection (a), the
Secretary of the Air Force may, as determined appropriate by the
Secretary in the case of the individual member, provide the member
retraining and reassignment within a reserve component of the Air
Force.
(g) Covered Defined.--For purposes of this section, the term
``covered'', with respect to a member of a reserve component of the Air
Force, means--
(1) a member who, as of the date of the enactment of this Act,
holds an Air Force specialty code for a specialty held by members
of the Space Force; and
(2) any other member designated by the Secretary of the Air
Force for the purposes of this section.
SEC. 1734. PLACEMENT OF OFFICERS ON THE SPACE FORCE OFFICER LIST.
(a) Placement on List.--Officers of the Space Force whose duty
status is changed in accordance with section 1732, and officers of the
reserve components of the Air Force who transfer to the Space Force in
accordance with 1733, shall be placed on the Space Force officer list
in an order determined by their respective grades and dates of rank.
(b) Officers of Same Grade and Date of Rank.--Among officers of the
same grade and date of rank, placement on the Space Force officer list
shall be in the order of their rank as determined in accordance with
section 741(c) of title 10, United States Code.
SEC. 1735. DISESTABLISHMENT OF REGULAR SPACE FORCE.
(a) Disestablishment.--The Secretary of the Air Force shall
disestablish the Regular Space Force not later than the end of the
transition period, once there are no longer any members remaining in
the Regular Space Force. The Regular Space Force shall be
disestablished upon the completion of the change of duty status of all
members of the Space Force pursuant to section 1742 and certification
by the Secretary of the Air Force to the congressional defense
committees that there are no longer any members of the Regular Space
Force.
(b) Publication of Notice in Federal Register.--The Secretary shall
publish in the Federal Register notice of the disestablishment of the
Regular Space Force, including the date thereof, together with any
certification submitted pursuant to subsection (a).
(c) Conforming Repeal.--
(1) Repeal.--Section 9085 of title 10, United States Code,
relating to the composition of the Regular Space Force, is
repealed.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date on which the certification is
submitted under subsection (a).
SEC. 1736. END STRENGTH FLEXIBILITY.
(a) Additional Authority to Vary End Strengths.--
(1) Authority.--Notwithstanding section 115(g) of title 10,
United States Code, upon determination by the Secretary of the Air
Force that such action would enhance manning and readiness in
essential units or in critical specialties, the Secretary may vary
the end strength authorized by Congress for a fiscal year as
follows:
(A) Increase the end strength authorized pursuant to
section 115(a)(1)(A) of such title for a fiscal year for the
Space Force by a number equal to not more than 5 percent of
such authorized end strength.
(B) Decrease the end strength authorized pursuant to
section 115(a)(1)(A) of such title for a fiscal year for the
Space Force by a number equal to not more than 10 percent of
such authorized end strength.
(2) Termination.--The authority provided under paragraph (1)
shall terminate on the last day of the transition period.
(b) Temporary Exemption for the Space Force From End Strength Grade
Restrictions.--Sections 517 and 523 of title 10, United States Code,
shall not apply to the Space Force during the transition period.
SEC. 1737. PROMOTION AUTHORITY FLEXIBILITY.
(a) Promotion Authority Flexibility.--During the transition period,
the Secretary of the Air Force may convene selection boards to consider
officers on the space force officer list for promotion, and may promote
Space Force officers selected by such boards, in accordance with any of
the following provisions of title 10, United States Code:
(1) Chapter 36.
(2) Part III of subtitle E.
(3) Chapter 2005, as added by section 1716.
(b) Coordination of Provisions.--
(1) For a selection board convened pursuant to subsection (a)
to consider members of the Space Force for promotion in accordance
with chapter 36 of such title--
(A) provisions that apply to an officer of a regular
component of the Armed Forces shall apply to an officer of the
Space Force; and
(B) the space force officer list shall be considered to be
an active-duty list.
(2) For a selection board convened pursuant to pursuant to
subsection (a) to consider members of the Space Force for promotion
in accordance with part III of subtitle E of such title--
(A) provisions that apply to an officer of a reserve
component of the Armed Forces shall apply to an officer of the
Space Force; and
(B) the space force officer list shall be considered to be
a reserve active-status list.
(3) For a selection board convened pursuant to subsection (a)
to consider members of the Space Force for promotion in accordance
with either chapter 36 or part III of subtitle E of such title--
(A) section 20213 of such title shall apply to the
composition of the selection board;
(B) the provisions of chapter 2005 of such title regarding
officers on the space force officer list eligible to be
considered for promotion to the grade of brigadier general or
major general shall apply;
(C) section 20216 of such title shall apply; and
(D) the provisions of chapter 36 or part III of subtitle E
of such title, as the case may be, regarding failure of
selection for promotion shall apply.
(c) Effect of Using New Chapter 2005 Authorities.--If the Secretary
of the Air Force convenes a selection board under chapter 2005 of title
10, United States Code, as added by section 1716, to consider officers
on the space force officer list in a particular grade and competitive
category for selection for promotion to the next higher grade, the
Secretary may not convene a future selection board pursuant to
subsection (a) to consider officers of the same grade and competitive
category under chapter 36 or part III of subtitle E of such title.
Subtitle D--Other Amendments Related to the Space Force
SEC. 1741. TITLE 10, UNITED STATES CODE.
(a) Amendments Relating to the Designation of Grades for Officers
of the Space Force.--Title 10, United States Code, is amended as
follows:
(1) Commissioned officer grades.--Section 9151 is amended by
inserting ``and in the Space Force'' after ``in the Regular Air
Force''.
(2) Rank.--Section 741(a) is amended in the table by striking
``and Marine Corps'' and inserting ``Marine Corps, and Space
Force''.
(3) Definition of general officer.--Section 101(b)(4) is
amended by striking ``or Marine Corps'' and inserting ``Marine
Corps, or Space Force''.
(4) Temporary appointments to positions designated to carry the
grade of general or lieutenant general.--Section 601(e) is
amended--
(A) by striking ``or Marine Corps,'' and inserting ``Marine
Corps, or Space Force or''; and
(B) by striking ``or the commensurate grades in the Space
Force,''.
(5) Retired grade of officers.--Section 1370 is amended as
follows:
(A) Subsection (a)(2) is amended by striking ``major
general'' and all that follows in subparagraphs (A) and (B) and
inserting ``major general or rear admiral.''.
(B) Subsection (b) is amended--
(i) in paragraph (1)--
(I) by striking ``or Marine Corps'' and all that
follows through ``the Space Force,'' and inserting
``Marine Corps, or, Space Force or lieutenant in the
Navy,''; and
(II) in subparagraph (B), by striking ``major
general'' and all that follow through ``Space Force''
and inserting ``major general or rear admiral'';
(ii) in paragraph (4), by striking ``or Marine Corps''
and all that follows through ``Space Force,'' and inserting
``Marine Corps, or Space Force or captain in the Navy,'';
(iii) in paragraph (5)--
(I) in subparagraph (A), by striking ``or Marine
Corps'' and all that follows through ``Space Force,''
and inserting ``Marine Corps, or Space Force or
lieutenant commander in the Navy,'';
(II) in subparagraph (B), by striking ``or Marine
Corps'' and all that follows through ``Space Force,''
and inserting ``Marine Corps, or Space Force or
commander or captain in the Navy,''; and
(III) in subparagraph (C), by striking ``or Marine
Corps'' and all that follows through ``Space Force,''
and inserting ``Marine Corps, or Space Force or rear
admiral (lower half) or rear admiral in the Navy,'';
and
(iv) in paragraph (6), by striking ``, or an equivalent
grade in the Space Force,''.
(C) Subsection (c)(1) is amended by ``or Marine Corps'' and
all that follows through ``Space Force'' and inserting ``Marine
Corps, or Space Force or vice admiral or admiral in the Navy''.
(D) Subsection (d) is amended--
(i) in paragraph (1), by striking ``or Marine Corps''
and all that follows through ``Space Force'' and inserting
``Marine Corps, or Space Force or rear admiral in the
Navy''; and
(ii) in paragraph (3), by striking ``or Marine Corps''
and all that follows through ``Space Force,'' and inserting
``Marine Corps, or Space Force or captain in the Navy,''.
(E) Subsection (e)(2) is amended by striking ``or Marine
Corps'' and all that follows through ``Space Force,'' and
inserting ``Marine Corps, or Space Force or vice admiral or
admiral in the Navy,''.
(F) Subsection (f) is amended--
(i) in paragraph (3)--
(I) in subparagraph (A), by striking ``or Marine
Corps'' and all that follows through ``Space Force,''
and inserting ``Marine Corps, or Space Force or rear
admiral in the Navy''; and
(II) in subparagraph (B), by striking ```or Marine
Corps' and all that follows through `Space Force' and
inserting "Marine Corps, or Space Force or vice admiral
or admiral in the Navy''; and
(ii) in paragraph (6)--
(I) in subparagraph (A), by striking ``or Marine
Corps'' and all that follows through ``Space Force,''
and inserting ``Marine Corps, or Space Force or rear
admiral in the Navy''; and
(II) in subparagraph (B), by striking ``or Marine
Corps'' and all that follows through ``Space Force,''
and inserting ``Marine Corps, or Space Force or vice
admiral or admiral in the Navy''.
(6) Honorary promotions.--Sections 1563(c)(1) and 1563a(a)(1)
are each amended--
(A) by striking ``general,'' and inserting ``general or'';
and
(B) by striking ``, or an equivalent grade in the Space
Force''.
(7) Air force inspector general.--Section 9020(a) is amended by
striking ``the general, flag, or equivalent officers of''.
(b) Other Title 10 Amendments.--Such title is further amended as
follows:
(1) Limitation on number of retired members ordered to active
duty.--Section 690(a) is amended by striking ``or Marine Corps,''
and inserting ``Marine Corps, or Space Force,''.
(2) The uniform.--Section 772(i) is amended--
(A) by striking ``an Air Force School'' and inserting ``an
Air Force or Space Force school''; and
(B) by striking ``aviation badges of the Air Force'' and
inserting ``aviation or space badges of the Air Force or Space
Force''.
(3) Membership in military unions, organizing of military
unions, and recognition of military unions prohibited.--Section
976(a) is amended by inserting ``or the Space Force'' in paragraph
(1)(C) after ``member of a Reserve component''.
(4) Limitation on enlisted aides.--Section 981 is amended--
(A) in subsection (a), by striking ``Marine Corps, Air
Force,'' and inserting ``Air Force, Marine Corps, Space
Force,'';
(B) in subsection (b), by striking ``and Marine Corps'' and
inserting ``Marine Corps, and Space Force''; and
(C) in subsection (c)(1), by inserting ``Space Force,''
after ``Marine Corps,''.
(5) Definition of veteran for purposes of funeral honors.--
Section 1491(h)(1) is amended by striking ``or air service'' and
inserting ``air, or space service''.
(6) Housing for recruits.--Section 9419(d) is amended by
inserting ``or the Space Force'' after ``training program of the
Air Force''.
(7) Charter of chief of space operations.--Section 9082 is
amended as follows:
(A) Cross-reference correction.--Subsection (d)(5) is
amended by striking ``sections'' and all that follows through
``of law'' and inserting ``sections 171 and 3104 of this title
and other provisions of law''.
(B) Elapsed-time provision.--Subsection (e)(1) is amended
by striking ``Commencing'' and all that follows through ``the
Chief'' and inserting ``The Chief''.
SEC. 1742. OTHER PROVISIONS OF LAW.
(a) Trade Act of 1974.--Section 233(i)(1) of the Trade Act of 1974
(19 U.S.C. 2293(i)(1)) is amended by inserting ``, or a member of the
Space Force,'' after ``a member of a reserve component of the Armed
Forces''.
(b) Title 28, United States Code (Judiciary and Judicial
Procedure).--Section 631(c) of title 28, United States Code is amended
by inserting ``members of the Space Force'' after ``Coast Guard'' the
second place it appears.
(c) Servicemembers Civil Relief Act.--The Servicemembers Civil
Relief Act (50 U.S.C. 3901 et seq.) is amended as follows:
(1) Military service defined.--Section 101(2)(A) (50 U.S.C.
3911(2)(A)) is amended by inserting ``Space Force,'' after ``Marine
Corps,''.
(2) Same rights and protections as reserves ordered to report
for military service.--Section 106 (50 U.S.C. 3911) is amended by
adding at the end the following new subsection:
``(c) The provisions of subsection (a) apply to a member of the
Space Force who is ordered to report for military service in the same
manner as to a member of a reserve component who is ordered to report
for military service.''.
(3) Exercise of rights under scra.--Section 108(5) (50 U.S.C.
3919(5)) is amended by inserting before the period at the end the
following: ``or as a member of the Space Force''.
TITLE XVIII--OTHER DEFENSE MATTERS
Subtitle A--Other Defense Matters
Sec. 1801. Technical and conforming amendments.
Sec. 1802. Extension of authority to engage in certain commercial
activities.
Sec. 1803. Modification to requirements relating to combating military
reliance on Russian energy.
Sec. 1804. U.S. Hostage and Wrongful Detainee Day Act of 2023.
Sec. 1805. Improvements to Department of Veterans Affairs-Department of
Defense Joint Executive Committee.
Sec. 1806. Access to and use of military post offices by United States
citizens employed overseas by the North Atlantic Treaty
Organization who perform functions in support of military
operations of the Armed Forces.
Sec. 1807. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H-2B
workers.
Sec. 1808. Support for execution of bilateral agreements concerning
illicit transnational maritime activity in Africa.
Sec. 1809. National Cold War Center designation.
Sec. 1810. Revision of requirement for transfer of certain aircraft to
State of California for wildfire suppression purposes.
Sec. 1811. Limitation on funds for Wuhan Institute of Virology and
EcoHealth Alliance, Inc.
Subtitle B--Drone Security
Sec. 1821. Short title.
Sec. 1822. Definitions.
Sec. 1823. Prohibition on procurement of covered unmanned aircraft
systems from covered foreign entities.
Sec. 1824. Prohibition on operation of covered unmanned aircraft systems
from covered foreign entities.
Sec. 1825. Prohibition on use of Federal funds for procurement and
operation of covered unmanned aircraft systems from covered
foreign entities.
Sec. 1826. Prohibition on use of Government-issued purchase cards to
purchase covered unmanned aircraft systems from covered
foreign entities.
Sec. 1827. Management of existing inventories of covered unmanned
aircraft systems from covered foreign entities.
Sec. 1828. Comptroller General report.
Sec. 1829. Government-wide policy for procurement of unmanned aircraft
systems.
Sec. 1830. State, local, and territorial law enforcement and emergency
service exemption.
Sec. 1831. Study.
Sec. 1832. Exceptions.
Sec. 1833. Sunset.
Subtitle C--Unidentified Anomalous Phenomena
Sec. 1841. Unidentified anomalous phenomena records collection at the
National Archives and Records Administration.
Sec. 1842. Review, identification, transmission to the National
Archives, and public disclosure of unidentified anomalous
phenomena records by government offices.
Sec. 1843. Grounds for postponement of public disclosure of unidentified
anomalous phenomena records.
Subtitle D--World Trade Center Health Program
Sec. 1851. Flexibility and funding for the World Trade Center Health
Program.
Sec. 1852. Extension of certain direct spending reductions.
Sec. 1853. Medicare improvement fund.
Subtitle A--Other Defense Matters
SEC. 1801. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) In the subtitle analysis for subtitle A--
(A) by striking the item relating to chapter 113 and
inserting the following new item:
``113. Defense Civilian Training Corps..........................2200g'';
(B) by striking the item relating to chapter 207 and
inserting the following new item:
``207. Budgeting and Appropriations..............................3131'';
(C) by striking the item relating to chapter 225 and
inserting the following new item:
``225. [Reserved]................................................3271'';
(D) by striking the item relating to chapter 272 and
inserting the following new item:
``272. [Reserved]................................................3721'';
(E) by striking the item relating to chapter 287 and
inserting the following new item:
``287. Other Contracting Programs................................3901'';
(F) by striking the item relating to chapter 305 and
inserting the following new item:
``305. Universities..............................................4141'';
(G) by inserting after the item relating to chapter 307 the
following new items:
``SUBPART F--MAJOR SYSTEMS, MAJOR DEFENSE ACQUISITION PROGRAMS, AND
WEAPON SYSTEMS DEVELOPMENT
``321. General Matters............................................ 4201
``322. Major Systems and Major Defense Acquisition Programs
Generally......................................................... 4211
``323. Life-Cycle and Sustainment................................. 4321
``324. Selected Acquisition Reports............................... 4350
``325. Cost Growth-Unit Cost Reports (Nunn-McCurdy)............... 4371
``326. Weapon Systems Development And Related Matters........4401''; and
(H) by striking the item relating to chapter 383 and
inserting the following new item:
``383. Development, Application, and Support of Dual-Use
Technologies.....................................................4831''.
(2) Section 172(c) is amended--
(A) in paragraph (5), by striking ``performs'' and
inserting ``perform'';
(B) in paragraph (11), by striking ``establishes'' and
inserting ``establish''; and
(C) in paragraph (13), by striking ``conducts'' and
inserting ``conduct''.
(3) Section 231 is amended--
(A) in the section heading, by striking ``plan and
certification'' and inserting ``plans and certifications''; and
(B) in subsection (f)(1), by striking ``such plan and
certification'' and inserting ``such plans and
certifications''.
(4) Section 386(b) is amended--
(A) in paragraph (2)(E), by striking ``bi-lateral'' and
inserting ``bilateral''; and
(B) in paragraph (4)--
(i) in subparagraph (E)(iii), by inserting ``and''
after the semicolon; and
(ii) in subparagraph (H), by striking ``sections'' and
inserting ``section''.
(5) Section 392a is amended--
(A) in subsection (b)(2)(B) by striking ``designed'' and
inserting ``designated''; and
(B) in subsection (c)(4)(A), by striking ``clause (ii)''
and inserting ``subparagraph (B)''.
(6) The second section 398 (relating to pilot program for
sharing cyber capabilities and related information with foreign
operational partners) is redesignated as section 398a.
(7) Section 398a, as so redesignated, is amended--
(A) in subsection (b)--
(i) in paragraph (1)(A) by striking ``paragraph (a)''
inserting ``subsection (a)'';
(ii) in paragraph (2), by striking ``paragraph (a)''
and inserting ``paragraph (1)''; and
(iii) in paragraph (3), by striking ``clause (1)'' and
inserting ``paragraph (1)''; and
(B) in subsection (e), by striking ``paragraph (a)'' and
inserting ``subsection (a)''.
(8) Section 491(c) is amended by striking ``the a'' and
inserting ``a''.
(9) Section 526a is amended by redesignating the second
subsection (i) as subsection (j).
(10) Section 701(l)(1)(B) is amended by redesignating clauses
(A) through (C) as clauses (i) through (iii).
(11) Section 1074h(c)(1) is amended by striking ``section 491
of title 14'' and inserting ``section 2732 of title 14''.
(12) Section 1076a(d)(1)(E)(i) is amended by inserting ``)''
after ``subsection (e)(3)''.
(13) The section heading for section 1090a is amended by
striking the period after ``disorders''.
(14) Section 1090b(e)(1)(B)(ii) is amended by striking
``ensure'' and inserting ``ensuring''.
(15) Section 1134a(b) is amended by striking ``section 491 of
title 14'' and inserting ``section 2732 of title 14''.
(16) Section 1370a is amended--
(A) in subsection (e), by inserting ``to'' before ```active
duty'''; and
(B) in subsection (f)--
(i) by striking ``1370e(e)'' and inserting ``1370(e)'';
and
(ii) by striking ``reference to `chapter 71' of this
title'' and inserting ``reference to `chapter 71 of this
title'''.
(17) Section 1789(c)(3) is amended by striking ``subparagraph
(A) or (B)'' and inserting ``paragraph (1) or (2)''.
(18) Section 2200g(a) is amended by inserting ``In General.--''
before ``The Secretary''.
(19) Section 2228(c)(2) is amended by striking ``;;'' and
inserting ``;''.
(20) The table of sections at the beginning of chapter 134 is
amended by striking the item relating to section 2249.
(21) Section 2275(g)(3) is amended by striking ``sections'' and
inserting ``section''.
(22) Section 2700(2) is amended by striking ``The term'' and
inserting ``The terms''.
(23) Section 2864(f) is amended by redesignating paragraph (6)
as paragraph (4).
(24) Section 2878(f)(2)(D)(iii) is amended by striking ``An
report'' and inserting ``A report''.
(25) The item relating to section 3106 in the table of sections
at the beginning of chapter 205 is amended by inserting a period at
the end.
(26) Section 3304(g) is amended by inserting ``under'' before
``this section''.
(27) Section 3323(b)(2) is amended by striking the period after
``notwithstanding''.
(28) Section 3601(b)(4) is amended by inserting ``note'' before
``prec.''.
(29) Section 3702 is amended--
(A) in subsection (a)(4) is amended by striking
``subparagraph (C)'' and inserting ``paragraph (3)''; and
(B) in subsection (f), by striking ``subparagraphs (B) and
(C) of such paragraph'' and inserting ``paragraphs (1) and (2)
of such subsection''.
(30) Section 4014(b) is amended by striking ``section 4142(b)
of this title'' and inserting ``section 4125(b) of this title''.
(31) Section 4024 is amended by striking ``section 2303(a) of
this title'' each place it appears and inserting ``section 3063 of
this title''.
(32) By striking the second section 4094.
(33) Section 4092(c)(2) is amended by striking ``the the'' and
inserting ``the''.
(34) Section 4273(b)(5)(A) is amended by striking ``4736'' and
inserting ``4376''.
(35) Section 4351(c)(1)(B)(iv) is amended by striking ``section
4355(4) of this title'' and inserting ``subsection (e)(4)''.
(36) Section 4820(b) is amended--
(A) by striking ``subchapters'' and inserting ``chapters'';
and
(B) by striking ``subchapter'' and inserting ``chapter''.
(37) Section 4902(k)(5) is amended by inserting ``the'' before
``mentor''.
(38) Section 8062 is amended by redesignating the second
subsection (g) as subsection (h).
(39) Chapter 863 is amended by redesignating the second section
8696 (relating to battle force ship employment, maintenance, and
manning baseline plans) as section 8697.
(b) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 1802. EXTENSION OF AUTHORITY TO ENGAGE IN CERTAIN COMMERCIAL
ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2024''.
SEC. 1803. MODIFICATION TO REQUIREMENTS RELATING TO COMBATING MILITARY
RELIANCE ON RUSSIAN ENERGY.
Section 1086 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) is amended--
(1) in subsection (a)(2), by striking ``main operating bases''
and inserting ``operating bases''; and
(2) in each of subsections (b) and (g), by striking ``main
operating base'' each place it appears and inserting ``operating
base'';
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Main'';
(B) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) Identification of installations.--The Secretary of
Defense shall submit to the congressional defense committees a list
of operating bases within the area of responsibility of the United
States European Command ranked according to mission criticality and
vulnerability to energy disruption as follows:
``(A) In the case of a main operating base, by not later
than June 1, 2023.
``(B) In the case of any operating base other than a main
operating base, by not later than June 1, 2024.''; and
(C) in paragraph (2)(A), by inserting ``(A)'' after
``paragraph (1)''.
SEC. 1804. U.S. HOSTAGE AND WRONGFUL DETAINEE DAY ACT OF 2023.
(a) Designation.--
(1) Hostage and wrongful detainee day.--
(A) In general.--Chapter 1 of title 36, United States Code,
is amended--
(i) by redesignating the second section 146 (relating
to Choose Respect Day) as section 147; and
(ii) by adding at the end the following:
``Sec. 148. U.S. Hostage and Wrongful Detainee Day
``(a) Designation.--March 9 is U.S. Hostage and Wrongful Detainee
Day.
``(b) Proclamation.--The President is requested to issue each year
a proclamation calling on the people of the United States to observe
U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and
activities.''.
(B) Technical and conforming amendment.--The table of
sections for chapter 1 of title 36, United States Code, is
amended by striking the item relating to the second section 146
and inserting the following new items:
``147. Choose Respect Day.
``148. U.S. Hostage and Wrongful Detainee Day.''.
(2) Hostage and wrongful detainee flag.--
(A) In general.--Chapter 9 of title 36, United States Code,
is amended by adding at the end the following new section:
``Sec. 904. Hostage and Wrongful Detainee flag
``(a) Designation.--The Hostage and Wrongful Detainee flag
championed by the Bring Our Families Home Campaign is designated as the
symbol of the commitment of the United States to recognizing, and
prioritizing the freedom of, citizens and lawful permanent residents of
the United States held as hostages or wrongfully detained abroad.
``(b) Required Display.--
``(1) In general.--The Hostage and Wrongful Detainee flag shall
be displayed at the locations specified in paragraph (3) on the
days specified in paragraph (2).
``(2) Days specified.--The days specified in this paragraph are
the following:
``(A) U.S. Hostage and Wrongful Detainee Day, March 9.
``(B) Flag Day, June 14.
``(C) Independence Day, July 4.
``(D) Any day on which a citizen or lawful permanent
resident of the United States--
``(i) returns to the United States from being held
hostage or wrongfully detained abroad; or
``(ii) dies while being held hostage or wrongfully
detained abroad.
``(3) Locations specified.--The locations specified in this
paragraph are the following:
``(A) The Capitol.
``(B) The White House.
``(C) The buildings containing the official office of--
``(i) the Secretary of State; and
``(ii) the Secretary of Defense.
``(c) Display To Be in a Manner Visible to the Public.--Display of
the Hostage and Wrongful Detainee flag pursuant to this section shall
be in a manner designed to ensure visibility to the public.
``(d) Limitation.--This section may not be construed or applied so
as to require any employee to report to work solely for the purpose of
providing for the display of the Hostage and Wrongful Detainee flag.''.
(B) Technical and conforming amendment.--The table of
sections for chapter 9 of title 36, United States Code, is
amended by adding at the end the following:
``904. Hostage and Wrongful Detainee flag.''.
SEC. 1805. IMPROVEMENTS TO DEPARTMENT OF VETERANS AFFAIRS-DEPARTMENT OF
DEFENSE JOINT EXECUTIVE COMMITTEE.
Section 320 of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following new
subparagraphs:
``(C) the Assistant Secretary of Labor for Veterans' Employment
and Training and such other officers and employees of the
Department of Labor as the Secretary of Labor may designate; and
``(D) such officers and employees of other Executive agencies
as the Secretary of Veterans Affairs and the Secretary of Defense
jointly determine, with the consent of the heads of the Executive
agencies of such officers and employees, necessary to carry out the
goals and objectives of the Committee.'';
(B) by adding at the end the following new paragraph:
``(3) The co-chairs of the Committee are the Deputy Secretary of
Veterans Affairs and the Under Secretary of Defense for Personnel and
Readiness.'';
(2) in subsection (b)(2), by striking ``Job Training and Post-
Service Placement Executive Committee'' and inserting ``Transition
Executive Committee'';
(3) in subsection (d), by adding at the end the following new
paragraph:
``(6) Develop, implement, and oversee such other joint actions,
initiatives, programs, and policies as the two Secretaries
determine appropriate and consistent with the purpose of the
Committee.''; and
(4) in subsection (e)--
(A) in the subsection heading, by striking ``Job Training
and Post-Service Placement'' and inserting ``Transition'';
(B) in the matter before paragraph (1)--
(i) by striking ``Job Training and Post-Service
Placement'' and inserting ``Transition'';
(ii) by inserting ``, in addition to such other
activities as may assigned to the committee under
subsection (d)(6)'' after ``shall''; and
(C) in paragraph (2), by inserting ``, transition from life
in the Armed Forces to civilian life,'' after ``job training''.
SEC. 1806. ACCESS TO AND USE OF MILITARY POST OFFICES BY UNITED STATES
CITIZENS EMPLOYED OVERSEAS BY THE NORTH ATLANTIC TREATY ORGANIZATION
WHO PERFORM FUNCTIONS IN SUPPORT OF MILITARY OPERATIONS OF THE ARMED
FORCES.
(a) Requirement to Authorize Use of Post Office.--Section 406 of
title 39, United States Code, is amended by striking ``may authorize
the use'' and inserting ``shall authorize the use''.
(b) Briefing Requirement.--Not later than March 1, 2024, the
Secretary of Defense shall brief the Committees on Armed Services of
the Senate and House of Representatives on the revision of the
Financial Management Regulation to authorize individuals under
subparagraph (A) of section 406(c)(1) of title 39, United States Code,
as amended by subsection (a), to utilize the authority provided under
such subparagraph. If there is a determination that this authority is
not feasible for a legal or financial reason, the Secretary shall
include the background for those determinations in the briefing.
SEC. 1807. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS FOR CERTAIN NONIMMIGRANT H-2B WORKERS.
Section 6(b)(1)(B) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976 (48 U.S.C.
1806(b)(1)(B)), is amended, in the matter preceding clause (i), by
striking ``December 31, 2024'' and inserting ``December 31, 2029''.
SEC. 1808. SUPPORT FOR EXECUTION OF BILATERAL AGREEMENTS CONCERNING
ILLICIT TRANSNATIONAL MARITIME ACTIVITY IN AFRICA.
(a) In General.--The Secretary of Defense, in coordination with the
Commandant of the Coast Guard, and in consultation with the Secretary
of State, may provide assistance to the Coast Guard for the execution
of existing maritime law enforcement agreements between the United
States and friendly African countries that were established to combat
transnational organized illegal maritime activity, including illegal,
unreported, and unregulated fishing.
(b) Effect on Military Training and Readiness.--The Secretary of
Defense shall ensure that the provision of assistance under this
section does not negatively affect military training, operations,
readiness, or other military requirements.
(c) Funds.--If the Secretary of Defense provides assistance under
subsection (a) during any fiscal year, the Secretary shall provide such
assistance using amounts available for that fiscal year for the
Department of Defense for operation and maintenance.
(d) Assistance Defined.--In this section, the term ``assistance''
means any of the following:
(1) The use of surface and air assets as bases of operations
and information collection platforms.
(2) Communication infrastructure.
(3) Information sharing.
(4) The provision of logistic support, supplies, and services
(as such term is defined in section 2350 of title 10, United States
Code).
SEC. 1809. NATIONAL COLD WAR CENTER DESIGNATION.
(a) Purposes.--The purposes of this section are--
(1) to designate the museum located at Blytheville/Eaker Air
Force Base in Blytheville, Arkansas, including its future and
expanded exhibits, collections, and educational programs, as a
``National Cold War Center'';
(2) to recognize the preservation, maintenance, and
interpretation of the artifacts, documents, images, and history
collected by the Center;
(3) to enhance the knowledge of the American people of the
experience of the United States during the Cold War years; and
(4) to ensure that all future generations understand the
sacrifices made to preserve freedom and democracy, and the benefits
of peace for all future generations in the 21st century and beyond.
(b) Designation.--
(1) In general.--The museum located at Blytheville/Eaker Air
Force Base in Blytheville, Arkansas, is designated as a ``National
Cold War Center''.
(2) Rule of construction.--Nothing in this section shall
preclude the designation of other national centers or museums in
the United States interpreting the Cold War.
(c) Effect of Designation.--The National Cold War Center designated
by this section is not a unit of the National Park System, and the
designation of the center as a National Cold War Center shall not be
construed to require or permit Federal funds to be expended for any
purpose related to the designation made by this section.
SEC. 1810. REVISION OF REQUIREMENT FOR TRANSFER OF CERTAIN AIRCRAFT TO
STATE OF CALIFORNIA FOR WILDFIRE SUPPRESSION PURPOSES.
(a) Transfer of Excess Coast Guard HC-130H Aircraft.--
(1) Transfer to state of california.--The Secretary of Homeland
Security shall transfer to the State of California without
reimbursement--
(A) the 7 HC-130H aircraft specified in paragraph (2); and
(B) initial spares and necessary ground support equipment
for such aircraft.
(2) Aircraft specified.--The aircraft specified in this
paragraph are the HC-130H Coast Guard aircraft with serial numbers
1706, 1708, 1709, 1713, 1714, 1719, and 1721.
(3) Timing; aircraft modifications.--Subject to paragraph (4),
the transfers under paragraph (1)--
(A) shall be made as soon as practicable after the date of
the enactment of this Act; and
(B) may be carried out without further modifications to the
aircraft by the United States.
(4) Demilitarization.--The Secretary of Homeland Security shall
ensure that before an aircraft specified under paragraph (2) is
transferred under paragraph (1), such aircraft is demilitarized, as
determined necessary by the Secretary.
(b) Conditions of Transfer.--Aircraft transferred to the State of
California under this section--
(1) may be used only for wildfire suppression purposes,
including search and rescue or emergency operations pertaining to
wildfires;
(2) may not be flown outside of, or otherwise removed from, the
United States unless dispatched by the National Interagency Fire
Center in support of an international agreement to assist in
wildfire suppression efforts or for other disaster-related response
purposes approved by the Governor of California in writing in
advance; and
(3) may only be disposed of by the State of California pursuant
to the statutes and regulations governing the disposal of aircraft
provided to the State of California pursuant to the Department of
Defense excess personal property program under section 2576a of
title 10, United States Code.
(c) Calculation of Initial Spares.--For purposes of subsection
(a)(1)(B), initial spares shall be calculated based on shelf stock
support for 7 HC-130H aircraft each flying 400 hours each year.
(d) Transfer of Residual Kits and Parts Held by Air Force.--The
Secretary of the Air Force may transfer to the State of California,
without reimbursement, any residual kits and parts held by the
Secretary of the Air Force that were procured in anticipation of the
transfer of the aircraft specified in subsection (a)(2).
(e) Costs After Transfer.--Any cost associated with the operation,
maintenance, sustainment, or disposal of any aircraft, initial spare,
or ground support equipment transferred to the State of California
under this section that are incurred after the date on which such
aircraft, initial spare, or ground support equipment is transferred
shall be borne by the State of California.
(f) Repeal of Prior Provisions of Law Relating to Transfer.--The
following provisions of law are repealed:
(1) Subsections (a), (c), (d), and (f) of section 1098 of the
National Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66; 127 Stat. 881), as amended by subsections (a), (b), (c),
and (d) of section 1083 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1989).
(2) Subsections (e) and (f) of section 1083 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1989).
SEC. 1811. LIMITATION ON FUNDS FOR WUHAN INSTITUTE OF VIROLOGY AND
ECOHEALTH ALLIANCE, INC.
(a) Wuhan Institute of Virology.--None of the funds authorized to
be appropriated by this Act or otherwise made available for fiscal year
2024 for the Department of Defense may be made available for the Wuhan
Institute of Virology for any purpose.
(b) EcoHealth Alliance, Inc..--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2024 for the Department of Defense may be used to fund any work to be
performed in China by EcoHealth Alliance, Inc., including--
(1) work to be performed by any subsidiary of EcoHealth
Alliance Inc, any organization that is directly controlled by
EcoHealth Alliance Inc, or any organization or individual that is a
subgrantee or subcontractor of EcoHealth Alliance Inc.; or
(2) any grant for the performance of any such work.
Subtitle B--Drone Security
SEC. 1821. SHORT TITLE.
This subtitle may be cited as the ``American Security Drone Act of
2023''.
SEC. 1822. DEFINITIONS.
In this subtitle:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council and
published in the System for Award Management (SAM). This list will
include entities in the following categories:
(A) An entity included on the Consolidated Screening List.
(B) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Homeland Security.
(C) Any entity the Secretary of Homeland Security, in
coordination with the Attorney General, Director of National
Intelligence, and the Secretary of Defense, determines poses a
national security risk.
(D) Any entity domiciled in the People's Republic of China
or subject to influence or control by the Government of the
People's Republic of China or the Communist Party of the
People's Republic of China, as determined by the Secretary of
Homeland Security.
(E) Any subsidiary or affiliate of an entity described in
subparagraphs (A) through (D).
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49, United
States Code.
(3) Intelligence; intelligence community.--The terms
``intelligence'' and ``intelligence community'' have the meanings
given those terms in section 3 of the National Security Act of 1947
(50 U.S.C. 3003).
SEC. 1823. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b) through
(f), the head of an executive agency may not procure any covered
unmanned aircraft system that is manufactured or assembled by a covered
foreign entity, which includes associated elements related to the
collection and transmission of sensitive information (consisting of
communication links and the components that control the unmanned
aircraft) that enable the operator to operate the aircraft in the
National Airspace System. The Federal Acquisition Security Council, in
coordination with the Secretary of Transportation, shall develop and
update a list of associated elements.
(b) Exemption.--The Secretary of Homeland Security, the Secretary
of Defense, the Secretary of State, and the Attorney General are exempt
from the restriction under subsection (a) if the procurement is
required in the national interest of the United States and--
(1) is for the sole purposes of research, evaluation, training,
testing, or analysis for electronic warfare, information warfare
operations, cybersecurity, or development of unmanned aircraft
system or counter-unmanned aircraft system technology;
(2) is for the sole purposes of conducting counterterrorism or
counterintelligence activities, protective missions, or Federal
criminal or national security investigations, including forensic
examinations, or for electronic warfare, information warfare
operations, cybersecurity, or development of an unmanned aircraft
system or counter-unmanned aircraft system technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign entity
and otherwise poses no national security cybersecurity risks as
determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is exempt
from the restriction under subsection (a) if the operation or
procurement is deemed to support the safe, secure, or efficient
operation of the National Airspace System or maintenance of public
safety, including activities carried out under the Federal Aviation
Administration's Alliance for System Safety of UAS through Research
Excellence (ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, as determined
by the Secretary or the Secretary's designee.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under subsection (a)
if the operation or procurement is necessary for the sole purpose of
conducting safety investigations.
(e) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the procurement is
necessary for the purpose of meeting NOAA's science or management
objectives or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Accountability in the
House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
SEC. 1824. PROHIBITION ON OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date that is two years after
the date of the enactment of this Act, no Federal department or
agency may operate a covered unmanned aircraft system manufactured
or assembled by a covered foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) applies to any covered unmanned aircraft
systems that are being used by any executive agency through the
method of contracting for the services of covered unmanned aircraft
systems.
(b) Exemption.--The Secretary of Homeland Security, the Secretary
of Defense, the Secretary of State, and the Attorney General are exempt
from the restriction under subsection (a) if the operation is required
in the national interest of the United States and--
(1) is for the sole purposes of research, evaluation, training,
testing, or analysis for electronic warfare, information warfare
operations, cybersecurity, or development of unmanned aircraft
system or counter-unmanned aircraft system technology;
(2) is for the sole purposes of conducting counterterrorism or
counterintelligence activities, protective missions, or Federal
criminal or national security investigations, including forensic
examinations, or for electronic warfare, information warfare
operations, cybersecurity, or development of an unmanned aircraft
system or counter-unmanned aircraft system technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign entity
and otherwise poses no national security cybersecurity risks as
determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is exempt
from the restriction under subsection (a) if the operation is deemed to
support the safe, secure, or efficient operation of the National
Airspace System or maintenance of public safety, including activities
carried out under the Federal Aviation Administration's Alliance for
System Safety of UAS through Research Excellence (ASSURE) Center of
Excellence (COE) and any other activity deemed to support the safe,
secure, or efficient operation of the National Airspace System or
maintenance of public safety, as determined by the Secretary or the
Secretary's designee.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under subsection (a)
if the operation is necessary for the sole purpose of conducting safety
investigations.
(e) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the procurement is
necessary for the purpose of meeting NOAA's science or management
objectives or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Accountability in the
House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(g) Regulations and Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Attorney General and the Secretary of
Transportation, shall prescribe regulations or guidance to implement
this section.
SEC. 1825. PROHIBITION ON USE OF FEDERAL FUNDS FOR PROCUREMENT AND
OPERATION OF COVERED UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN
ENTITIES.
(a) In General.--Beginning on the date that is two years after the
date of the enactment of this Act, except as provided in subsection
(b), no Federal funds awarded through a contract, grant, or cooperative
agreement, or otherwise made available may be used--
(1) to procure a covered unmanned aircraft system that is
manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such a drone or
unmanned aircraft system.
(b) Exemption.--The Secretary of Homeland Security, the Secretary
of Defense, the Secretary of State, and the Attorney General are exempt
from the restriction under subsection (a) if the procurement or
operation is required in the national interest of the United States
and--
(1) is for the sole purposes of research, evaluation, training,
testing, or analysis for electronic warfare, information warfare
operations, cybersecurity, or development of unmanned aircraft
system or counter-unmanned aircraft system technology;
(2) is for the sole purposes of conducting counterterrorism or
counterintelligence activities, protective missions, or Federal
criminal or national security investigations, including forensic
examinations, or for electronic warfare, information warfare
operations, cybersecurity, or development of an unmanned aircraft
system or counter-unmanned aircraft system technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign entity
and otherwise poses no national security cybersecurity risks as
determined by the exempting official.
(c) Department of Transportation and Federal Aviation
Administration Exemption.--The Secretary of Transportation is exempt
from the restriction under subsection (a) if the operation or
procurement is deemed to support the safe, secure, or efficient
operation of the National Airspace System or maintenance of public
safety, including activities carried out under the Federal Aviation
Administration's Alliance for System Safety of UAS through Research
Excellence (ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, as determined
by the Secretary or the Secretary's designee.
(d) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the operation or
procurement is necessary for the purpose of meeting NOAA's science or
management objectives or operational mission.
(e) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Accountability in the
House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
prescribe regulations or guidance, as necessary, to implement the
requirements of this section pertaining to Federal contracts.
SEC. 1826. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE CARDS TO
PURCHASE COVERED UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN
ENTITIES.
Effective immediately, Government-issued Purchase Cards may not be
used to procure any covered unmanned aircraft system from a covered
foreign entity.
SEC. 1827. MANAGEMENT OF EXISTING INVENTORIES OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--All executive agencies must account for existing
inventories of covered unmanned aircraft systems manufactured or
assembled by a covered foreign entity in their personal property
accounting systems, within one year of the date of enactment of this
Act, regardless of the original procurement cost, or the purpose of
procurement due to the special monitoring and accounting measures
necessary to track the items' capabilities.
(b) Classified Tracking.--Due to the sensitive nature of missions
and operations conducted by the United States Government, inventory
data related to covered unmanned aircraft systems manufactured or
assembled by a covered foreign entity may be tracked at a classified
level, as determined by the Secretary of Homeland Security or the
Secretary's designee.
(c) Exceptions.--The Department of Defense, the Department of
Homeland Security, the Department of Justice, the Department of
Transportation, and the National Oceanic and Atmospheric Administration
may exclude from the full inventory process, covered unmanned aircraft
systems that are deemed expendable due to mission risk such as recovery
issues, or that are one-time-use covered unmanned aircraft due to
requirements and low cost.
(d) Intelligence Community Exception.--Nothing in this section
shall apply to any element of the intelligence community.
SEC. 1828. COMPTROLLER GENERAL REPORT.
Not later than 275 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report on the amount of commercial off-the-shelf drones and
covered unmanned aircraft systems procured by Federal departments and
agencies from covered foreign entities, except that nothing in this
section shall apply to any element of the intelligence community.
SEC. 1829. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in coordination with the Department of Homeland Security,
Department of Transportation, the Department of Justice, and other
Departments as determined by the Director of the Office of Management
and Budget, and in consultation with the National Institute of
Standards and Technology, shall establish a government-wide policy for
the procurement of an unmanned aircraft system--
(1) for non-Department of Defense and non-intelligence
community operations; and
(2) through grants and cooperative agreements entered into with
non-Federal entities.
(b) Information Security.--The policy developed under subsection
(a) shall include the following specifications, which to the extent
practicable, shall be based on industry standards and technical
guidance from the National Institute of Standards and Technology, to
address the risks associated with processing, storing, and transmitting
Federal information in an unmanned aircraft system:
(1) Protections to ensure controlled access to an unmanned
aircraft system.
(2) Protecting software, firmware, and hardware by ensuring
changes to an unmanned aircraft system are properly managed,
including by ensuring an unmanned aircraft system can be updated
using a secure, controlled, and configurable mechanism.
(3) Cryptographically securing sensitive collected, stored, and
transmitted data, including proper handling of privacy data and
other controlled unclassified information.
(4) Appropriate safeguards necessary to protect sensitive
information, including during and after use of an unmanned aircraft
system.
(5) Appropriate data security to ensure that data is not
transmitted to or stored in non-approved locations.
(6) The ability to opt out of the uploading, downloading, or
transmitting of data that is not required by law or regulation and
an ability to choose with whom and where information is shared when
it is required.
(c) Requirement.--The policy developed under subsection (a) shall
reflect an appropriate risk-based approach to information security
related to use of an unmanned aircraft system.
(d) Revision of Acquisition Regulations.--Not later than 180 days
after the date on which the policy required under subsection (a) is
issued--
(1) the Federal Acquisition Regulatory Council shall revise the
Federal Acquisition Regulation, as necessary, to implement the
policy; and
(2) any Federal department or agency or other Federal entity
not subject to, or not subject solely to, the Federal Acquisition
Regulation shall revise applicable policy, guidance, or
regulations, as necessary, to implement the policy.
(e) Exemption.--In developing the policy required under subsection
(a), the Director of the Office of Management and Budget shall--
(1) incorporate policies to implement the exemptions contained
in this subtitle; and
(2) incorporate an exemption to the policy in the case of a
head of the procuring department or agency determining, in writing,
that no product that complies with the information security
requirements described in subsection (b) is capable of fulfilling
mission critical performance requirements, and such determination--
(A) may not be delegated below the level of the Deputy
Secretary, or Administrator, of the procuring department or
agency;
(B) shall specify--
(i) the quantity of end items to which the waiver
applies and the procurement value of those items; and
(ii) the time period over which the waiver applies,
which shall not exceed three years;
(C) shall be reported to the Office of Management and
Budget following issuance of such a determination; and
(D) not later than 30 days after the date on which the
determination is made, shall be provided to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives.
SEC. 1830. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND EMERGENCY
SERVICE EXEMPTION.
(a) Rule of Construction.--Nothing in this subtitle shall prevent a
State, local, or territorial law enforcement or emergency service
agency from procuring or operating a covered unmanned aircraft system
purchased with non-Federal dollars.
(b) Continuity of Arrangements.--The Federal Government may
continue entering into contracts, grants, and cooperative agreements or
other Federal funding instruments with State, local, or territorial law
enforcement or emergency service agencies under which a covered
unmanned aircraft system will be purchased or operated if the agency
has received approval or waiver to purchase or operate a covered
unmanned aircraft system pursuant to section 1825.
SEC. 1831. STUDY.
(a) Study on the Supply Chain for Unmanned Aircraft Systems and
Components.--
(1) Report required.--Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall provide to the appropriate
congressional committees a report on the supply chain for covered
unmanned aircraft systems, including a discussion of current and
projected future demand for covered unmanned aircraft systems.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A description of the current and future global and
domestic market for covered unmanned aircraft systems that are
not widely commercially available except from a covered foreign
entity.
(B) A description of the sustainability, availability,
cost, and quality of secure sources of covered unmanned
aircraft systems domestically and from sources in allied and
partner countries.
(C) The plan of the Secretary of Defense to address any
gaps or deficiencies identified in subparagraph (B), including
through the use of funds available under the Defense Production
Act of 1950 (50 U.S.C. 4501 et seq.) and partnerships with the
National Aeronautics and Space Administration and other
interested persons.
(D) Such other information as the Under Secretary of
Defense for Acquisition and Sustainment determines to be
appropriate.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees'' means
the following:
(A) The Committees on Armed Services of the Senate and the
House of Representatives.
(B) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Accountability of the House of Representatives.
(C) The Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives.
(D) The Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives.
(E) The Committee on Transportation and Infrastructure of
the House of Representatives.
(F) The Committee on Homeland Security of the House of
Representatives.
(G) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1832. EXCEPTIONS.
(a) Exception for Wildfire Management Operations and Search and
Rescue Operations.--The appropriate Federal agencies, in consultation
with the Secretary of Homeland Security, are exempt from the
procurement and operation restrictions under sections 1823, 1824, and
1825 to the extent the procurement or operation is necessary for the
purpose of supporting the full range of wildfire management operations
or search and rescue operations.
(b) Exception for Intelligence Activities.--Sections 1823, 1824,
and 1825 shall not apply to any activity subject to the reporting
requirements under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.), any authorized intelligence activities of the
United States, or any activity or procurement that supports an
authorized intelligence activity.
(c) Exception for Tribal Law Enforcement or Emergency Service
Agency.--Tribal law enforcement or Tribal emergency service agencies,
in consultation with the Secretary of Homeland Security, are exempt
from the procurement, operation, and purchase restrictions under
sections 1823, 1824, and 1825 to the extent the procurement or
operation is necessary for the purpose of supporting the full range of
law enforcement operations or search and rescue operations on Indian
lands.
SEC. 1833. SUNSET.
Sections 1823, 1824, and 1825 shall cease to have effect on the
date that is five years after the date of the enactment of this Act.
Subtitle C--Unidentified Anomalous Phenomena
SEC. 1841. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS COLLECTION AT THE
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.
(a) Records Collection.--
(1) Establishment of collection.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, the Archivist shall commence
establishment of a collection of unidentified anomalous
phenomena, as such term is defined in section 1673(n)(8) of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 50 U.S.C. 3373), records in the National Archives,
to be known as the ``Unidentified Anomalous Phenomena Records
Collection''.
(B) Physical integrity.--In carrying out subparagraph (A),
the Archivist shall ensure the physical integrity and original
provenance (or if indeterminate, the earliest historical owner)
of all records in the Collection.
(C) Record copies.--The Collection shall consist of record
copies of all Government, Government-provided, or Government-
funded records relating to unidentified anomalous phenomena,
technologies of unknown origin, and non-human intelligence (or
equivalent subjects by any other name with the specific and
sole exclusion of temporarily non-attributed objects), which
shall be transmitted to the National Archives in accordance
with section 2107 of title 44, United States Code.
(D) Subject guidebook.--The Archivist shall prepare and
publish a subject guidebook and index to the Collection.
(2) Contents.--The Collection shall include the following:
(A) Copies of all unidentified anomalous phenomena records,
regardless of age or date of creation--
(i) that have been transmitted to the National Archives
or disclosed to the public in an unredacted form prior to
the date of the enactment of this Act;
(ii) that are otherwise required to have been
transmitted to the National Archives after the date of the
enactment of this Act; or
(iii) the disclosure of which is postponed under this
subtitle.
(B) A central directory comprised of identification aids
created for each record transmitted to the Archivist under
section 1842(e).
(b) Disclosure of Records.--Copies of all unidentified anomalous
phenomena records transmitted to the National Archives for disclosure
to the public shall--
(1) be included in the Collection; and
(2) be available to the public--
(A) for inspection and copying at the National Archives
within 30 days after their transmission to the National
Archives; and
(B) digitally via the National Archives online database
within a reasonable amount of time not to exceed 180 days
thereafter.
(c) Fees for Copying.--
(1) In general.--The Archivist shall--
(A) charge fees for copying unidentified anomalous
phenomena records; and
(B) grant waivers of such fees pursuant to the standards
established by section 552(a)(4) of title 5, United States
Code.
(2) Amount of fees.--The amount of a fee charged by the
Archivist pursuant to paragraph (1)(A) for the copying of an
unidentified anomalous phenomena record shall be such amount as the
Archivist determines appropriate to cover the costs incurred by the
National Archives in making and providing such copy, except that in
no case may the amount of the fee charged exceed the actual
expenses incurred by the National Archives in making and providing
such copy.
(d) Additional Requirements.--
(1) Use of funds.--The Collection shall be preserved,
protected, archived, digitized, and made available to the public at
the National Archives and via the official National Archives online
database using appropriations authorized, specified, and restricted
for use under the terms of this subtitle.
(2) Security of records.--The National Security Program Office
at the National Archives, in consultation with the National
Archives Information Security Oversight Office, shall establish a
program to ensure the security of the postponed unidentified
anomalous phenomena records in the protected, and yet-to-be
disclosed or classified portion of the Collection.
(e) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs, the Committee on Armed Services, and the
Select Committee on Intelligence of the Senate shall have
continuing legislative oversight jurisdiction in the Senate with
respect to the Collection.
(2) House of representatives.--The Committee on Oversight and
Accountability, the Committee on Armed Services, and the Permanent
Select Committee on Intelligence of the House of Representatives
shall have continuing legislative oversight jurisdiction in the
House of Representatives with respect to the Collection.
SEC. 1842. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL
ARCHIVES, AND PUBLIC DISCLOSURE OF UNIDENTIFIED ANOMALOUS PHENOMENA
RECORDS BY GOVERNMENT OFFICES.
(a) Identification, Organization, and Preparation for
Transmission.--
(1) In general.--As soon as practicable after the date of the
enactment of this Act, each head of a Government office shall--
(A) identify and organize records in the possession of the
Government office or under the control of the Government office
relating to unidentified anomalous phenomena; and
(B) prepare such records for transmission to the Archivist
for inclusion in the Collection.
(2) Prohibitions.--
(A) Destruction; alteration; mutilation.--No unidentified
anomalous phenomena record shall be destroyed, altered, or
mutilated in any way.
(B) Withholding; redaction; postponement of disclosure;
reclassification.--No unidentified anomalous phenomena record
made available or disclosed to the public prior to the date of
the enactment of this Act may be withheld, redacted, postponed
for public disclosure, or reclassified.
(C) Records created by non-federal persons or entities.--No
unidentified anomalous phenomena record created by a person or
entity outside the Federal Government (excluding names or
identities consistent with the requirements of section 1843)
shall be withheld, redacted, postponed for public disclosure,
or reclassified.
(b) Custody of Unidentified Anomalous Phenomena Records Pending
Review.--During the review by the heads of Government offices under
subsection (c), each head of a Government office shall retain custody
of the unidentified anomalous phenomena records of the office for
purposes of preservation, security, and efficiency, unless it is a
third agency record described in subsection (c)(2)(C).
(c) Review by Heads of Government Offices.--
(1) In general.--Not later than 300 days after the date of the
enactment of this Act, each head of a Government office shall
review, identify, and organize each unidentified anomalous
phenomena record in the custody or possession of the office for--
(A) disclosure to the public; and
(B) transmission to the Archivist.
(2) Requirements.--In carrying out paragraph (1), the head of a
Government office shall--
(A) determine which of the records of the office are
unidentified anomalous phenomena records;
(B) determine which of the unidentified anomalous phenomena
records of the office have been officially disclosed or made
publicly available in a complete and unredacted form;
(C)(i) determine which of the unidentified anomalous
phenomena records of the office, or particular information
contained in such a record, was created by a third agency or by
another Government office; and
(ii) transmit to a third agency or other Government office
those records, or particular information contained in those
records, or complete and accurate copies thereof;
(D)(i) determine whether the unidentified anomalous
phenomena records of the office or particular information in
unidentified anomalous phenomena records of the office are
covered by the standards for postponement of public disclosure
under this subtitle; and
(ii) specify on the identification aid required by
subsection (d) the applicable postponement provision contained
in section 1841;
(E) organize and make available, upon request, to heads of
Government offices other than the Government office with
custody, including the All-domain Anomaly Resolution Office,
all relevant unidentified anomalous records identified under
subparagraph (D);
(F) organize and make available to the heads of Government
offices other than the Government office with custody,
including the All-domain Anomalous Resolution Office, for
assistance with any record concerning which the office has any
uncertainty as to whether the record is an unidentified
anomalous phenomena record governed by this subtitle; and
(G) give precedence of work to--
(i) the identification, review, and transmission of
unidentified anomalous phenomena records not already
publicly available or disclosed as of the date of the
enactment of this Act;
(ii) the identification, review, and transmission of
all records that most unambiguously and definitively
pertain to unidentified anomalous phenomena, technologies
of unknown origin, and non-human intelligence;
(iii) the identification, review, and transmission of
unidentified anomalous phenomena records that on the date
of the enactment of this Act are the subject of litigation
under section 552 of title 5, United States Code; and
(iv) the identification, review, and transmission of
unidentified anomalous phenomena records with earliest
provenance when not inconsistent with clauses (i) through
(iii) and otherwise feasible.
(3) Priority of expedited review for directors of certain
archival depositories.--The Director of each archival depository
established under section 2112 of title 44, United States Code,
shall have as a priority the expedited review for public disclosure
of unidentified anomalous phenomena records in the possession and
custody of the depository, and shall make copies of such records
available to the All-domain Anomaly Resolution Office.
(d) Identification Aids.--
(1) In general.--
(A) Preparation and availability.--Not later than 45 days
after the date of the enactment of this Act, the Archivist, in
consultation with the heads of such Government offices as the
Archivist considers appropriate, shall prepare and make
available to all Government offices a standard form of
identification, or finding aid, for use with each unidentified
anomalous phenomena record subject to review under this
subtitle whether in hardcopy (physical), softcopy (electronic),
or digitized data format as may be appropriate.
(B) Uniform system.--The Archivist shall ensure that the
identification aid program is established in such a manner as
to result in the creation of a uniform system for cataloging
and finding every unidentified anomalous phenomena record
subject to review under this subtitle where ever and how ever
stored in hardcopy (physical), softcopy (electronic), or
digitized data format.
(2) Requirements for government offices.--Upon completion of an
identification aid using the standard form of identification
prepared and made available under subparagraph (A) of paragraph (1)
for the program established pursuant to subparagraph (B) of such
paragraph, the head of a Government office shall--
(A) attach a printed copy to each physical unidentified
anomalous phenomena record, and an electronic copy to each
softcopy or digitized data unidentified anomalous phenomena
record, the identification aid describes; and
(B) attach a printed copy to each physical unidentified
anomalous phenomena record, and an electronic copy to each
softcopy or digitized data unidentified anomalous phenomena
record the identification aid describes, when transmitted to
the Archivist.
(3) Records of the national archives that are publicly
available.--Unidentified anomalous phenomena records which are in
the possession of the National Archives on the date of the
enactment of this Act, and which have been publicly available in
their entirety without redaction, shall be made available in the
Collection without any additional review by another authorized
office under this subtitle, and shall not be required to have such
an identification aid unless required by the Archivist.
(e) Transmission to the National Archives.--Each head of a
Government office shall--
(1) transmit to the Archivist, and, as soon as possible, make
available to the public, all unidentified anomalous phenomena
records of the Government office that can be publicly disclosed,
including those that are publicly available on the date of the
enactment of this Act, without any redaction, adjustment, or
withholding under the standards of this subtitle; and
(2) transmit to the Archivist upon approval for postponement by
the original classification authority upon completion of other
action authorized by this subtitle, all unidentified anomalous
phenomena records of the Government office the public disclosure of
which has been postponed, in whole or in part, under the standards
of this subtitle, to become part of the protected, yet-to-be
disclosed, or classified portion of the Collection.
(f) Custody of Postponed Unidentified Anomalous Phenomena
Records.--An unidentified anomalous phenomena record the public
disclosure of which has been postponed shall, pending transmission to
the Archivist, be held for reasons of security and preservation by the
originating body until such time as the information security program
has been established at the National Archives as required in section
1841(d)(2).
(g) Periodic Review of Postponed Unidentified Anomalous Phenomena
Records.--
(1) In general.--All postponed or redacted records shall be
reviewed periodically by the originating agency and the Archivist.
.(2) Requirements.--
(A) Public disclosure.--A periodic review under paragraph
(1) shall address the public disclosure of additional
unidentified anomalous phenomena records in the Collection
under the standards of this subtitle.
(B) Unclassified written description of reason.--All
postponed unidentified anomalous phenomena records determined
to require continued postponement shall require an unclassified
written description of the reason for such continued
postponement relevant to these specific records. Such
description shall be provided to the Archivist and published in
the Federal Register upon determination.
(C) Periodic review; downgrading and desclassification of
information.--The Archivist shall establish requirements for
periodic review of postponed unidentified anomalous phenomena
records that shall serve to downgrade and declassify
information.
(D) Deadline for full disclosure.--Each unidentified
anomalous phenomena record shall be publicly disclosed in full,
and available in the Collection, not later than the date that
is 25 years after the date of the first creation of the record
by the originating body, unless the President certifies that--
(i) continued postponement is made necessary by an
identifiable harm to the military defense, intelligence
operations, law enforcement, or conduct of foreign
relations; and
(ii) the identifiable harm is of such gravity that it
outweighs the public interest in disclosure.
(h) Requirements for Executive Agencies.--
(1) In general.--The heads of Executive agencies shall--
(A) transmit digital records electronically in accordance
with section 2107 of title 44, United States Code;
(B) charge fees for copying unidentified anomalous
phenomena records; and
(C) grant waivers of such fees pursuant to the standards
established by section 552(a)(4) of title 5, United States
Code.
(2) Amount of fees.--The amount of a fee charged by the head of
an Executive agency pursuant to paragraph (1)(B) for the copying of
an unidentified anomalous phenomena record shall be such amount as
the head determines appropriate to cover the costs incurred by the
Executive agency in making and providing such copy, except that in
no case may the amount of the fee charged exceed the actual
expenses incurred by the Executive agency in making and providing
such copy.
SEC. 1843. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.
(a) Postponement Determination.--In addition to the relevant
authorities in Executive Order 13526, disclosure of unidentified
anomalous phenomena records or particular information in unidentified
anomalous phenomena records to the public may be postponed subject to
the limitations of this subtitle if the original classification
authority makes a determination that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United States
posed by the public disclosure of the unidentified anomalous
phenomena record is of such gravity that it outweighs the public
interest in disclosure, and such public disclosure would reveal--
(A) an intelligence agent whose identity currently requires
protection;
(B) an intelligence source or method which is currently
utilized, or reasonably expected to be utilized, by the Federal
Government and which has not been officially disclosed, the
disclosure of which would interfere with the conduct of
intelligence activities; or
(C) any other matter currently relating to the military
defense, intelligence operations, or conduct of foreign
relations of the United States, the disclosure of which would
demonstrably and substantially impair the national security of
the United States;
(2) the public disclosure of the unidentified anomalous
phenomena record would violate section 552a of title 5, United
States Code (referred to as the ``Privacy Act of 1974'');
(3) the public disclosure of the unidentified anomalous
phenomena record could reasonably be expected to constitute an
unwarranted invasion of personal privacy, and that invasion of
privacy is so substantial that it outweighs the public interest; or
(4) the public disclosure of the unidentified anomalous
phenomena record would compromise the existence of an understanding
of confidentiality currently requiring protection between a Federal
Government agent and a cooperating individual or a foreign
government, and public disclosure would be so harmful that it
outweighs the public interest.
(b) Withdrawal of Records.--Senior Agency Officials designated in
accordance with Executive Order 13526 or any successor Orders may
withdraw records in the Collection that are determined to be both not
related to unidentified anomalous phenomena and properly classified.
The Senior Agency Official must notify the congressional leadership and
the oversight committees of Congress, as identified in section 1841(e),
by not later than 60 days before each record is withdrawn.
(c) Congressional Notification of Postponement of Disclosure.--In
the event that the disclosure of unidentified anomalous phenomena
records or particular information in unidentified anomalous phenomena
records to the public is postponed by an Executive agency, the head of
the Executive agency shall notify congressional leadership and the
oversight committees of Congress, as identified in section 1841(e),
within 15 days of such decision with a reason for the postponement of
disclosure.
Subtitle D--World Trade Center Health Program
SEC. 1851. FLEXIBILITY AND FUNDING FOR THE WORLD TRADE CENTER HEALTH
PROGRAM.
(a) Department of Defense, Armed Forces, or Other Federal Worker
Responders to the September 11 Attacks at the Pentagon and Shanksville,
Pennsylvania.--Title XXXIII of the Public Health Service Act (42 U.S.C.
300mm et seq.) is amended--
(1) in section 3306 (42 U.S.C. 300mm-5)--
(A) by redesignating paragraphs (5) through (11) and
paragraphs (12) through (17) as paragraphs (6) through (12) and
paragraphs (14) through (19), respectively;
(B) by inserting after paragraph (4) the following:
``(5) The term `Federal agency' means an agency, office, or
other establishment in the executive, legislative, or judicial
branch of the Federal Government.''; and
(C) by inserting after paragraph (12), as so redesignated,
the following:
``(13) The term `uniformed services' has the meaning given the
term in section 101(a) of title 10, United States Code.''; and
(2) in section 3311(a) (42 U.S.C. 300mm-21(a))--
(A) in paragraph (2)(C)(i)--
(i) in subclause (I), by striking ``; or'' and
inserting a semicolon;
(ii) in subclause (II), by striking ``; and'' and
inserting a semicolon; and
(iii) by adding at the end the following:
``(III) was an employee of the Department of Defense or
any other Federal agency, worked during the period
beginning on September 11, 2001, and ending on September
18, 2001, for a contractor of the Department of Defense or
any other Federal agency, or was a member of a regular or
reserve component of the uniformed services; and performed
rescue, recovery, demolition, debris cleanup, or other
related services at the Pentagon site of the terrorist-
related aircraft crash of September 11, 2001, during the
period beginning on September 11, 2001, and ending on the
date on which the cleanup of the site was concluded, as
determined by the WTC Program Administrator; or
``(IV) was an employee of the Department of Defense or
any other Federal agency, worked during the period
beginning on September 11, 2001, and ending on September
18, 2001, for a contractor of the Department of Defense or
any other Federal agency, or was a member of a regular or
reserve component of the uniformed services; and performed
rescue, recovery, demolition, debris cleanup, or other
related services at the Shanksville, Pennsylvania, site of
the terrorist-related aircraft crash of September 11, 2001,
during the period beginning on September 11, 2001, and
ending on the date on which the cleanup of the site was
concluded, as determined by the WTC Program Administrator;
and''; and
(B) in paragraph (4)(A)--
(i) by striking ``(A) In general.--The'' and inserting
the following:
``(A) Limit.--
``(i) In general.--The'';
(ii) by inserting ``or subclause (III) or (IV) of
paragraph (2)(C)(i)'' after ``or (2)(A)(ii)''; and
(iii) by adding at the end the following:
``(ii) Certain responders to the september 11 attacks
at the pentagon and shanksville, pennsylvania.--The total
number of individuals who may be enrolled under paragraph
(3)(A)(ii) based on eligibility criteria described in
subclause (III) or (IV) of paragraph (2)(C)(i) shall not
exceed 500 at any time.''.
(b) Additional Funding for the World Trade Center Health Program.--
Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.)
is amended by adding at the end the following:
``SEC. 3353. SPECIAL FUND.
``(a) In General.--There is established a fund to be known as the
World Trade Center Health Program Special Fund (referred to in this
section as the `Special Fund'), consisting of amounts deposited into
the Special Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2024 $444,000,000
for deposit into the Special Fund, which amounts shall remain available
in such Fund through fiscal year 2033.
``(c) Uses of Funds.--Amounts deposited into the Special Fund under
subsection (b) shall be available, without further appropriation and
without regard to any spending limitation under section 3351(c), to the
WTC Program Administrator as needed at the discretion of such
Administrator, for carrying out any provision in this title (including
sections 3303 and 3341(c)).
``(d) Remaining Amounts.--Any amounts that remain in the Special
Fund on September 30, 2033, shall be deposited into the Treasury as
miscellaneous receipts.
``SEC. 3354. PENTAGON/SHANKSVILLE FUND.
``(a) In General.--There is established a fund to be known as the
World Trade Center Health Program Fund for Certain WTC Responders at
the Pentagon and Shanksville, Pennsylvania (referred to in this section
as the `Pentagon/Shanksville Fund'), consisting of amounts deposited
into the Pentagon/Shanksville Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2024 $232,000,000
for deposit into the Pentagon/Shanksville Fund, which amounts shall
remain available in such Fund through fiscal year 2033.
``(c) Uses of Funds.--
``(1) In general.--Amounts deposited into the Pentagon/
Shanksville Fund under subsection (b) shall be available, without
further appropriation and without regard to any spending limitation
under section 3351(c), to the WTC Program Administrator for the
purpose of carrying out section 3312 with regard to WTC responders
enrolled in the WTC Program based on eligibility criteria described
in subclause (III) or (IV) of section 3311(a)(2)(C)(i).
``(2) Limitation on other funding.--Notwithstanding sections
3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision
in this title, for the period of fiscal years 2024 through 2033, no
amounts made available under this title other than those amounts
appropriated under subsection (b) may be available for the purpose
described in paragraph (1).
``(d) Remaining Amounts.--Any amounts that remain in the Pentagon/
Shanksville Fund on September 30, 2033, shall be deposited into the
Treasury as miscellaneous receipts.''.
(c) Conforming Amendments.--Title XXXIII of the Public Health
Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
21(a)(4)(B)(i)(II)), by striking ``sections 3351 and 3352'' and
inserting ``this title'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
31(a)(3)(B)(i)(II)), by striking ``sections 3351 and 3352'' and
inserting ``this title'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by striking ``the World Trade Center
Health Program Fund and the World Trade Center Health Program
Supplemental Fund'' and inserting ``(as applicable) the Funds
established under sections 3351, 3352, 3353, and 3354''; and
(B) in subsection (d)--
(i) in paragraph (1)(A), by inserting ``or the World
Trade Center Health Program Special Fund under section
3353'' after ``section 3351'';
(ii) in paragraph (1)(B), by inserting ``or the World
Trade Center Health Program Fund for Certain WTC Responders
at the Pentagon and Shanksville, Pennsylvania under section
3354'' after ``section 3352''; and
(iii) in paragraph (2), in the flush text following
subparagraph (C), by inserting ``or the World Trade Center
Health Program Fund for Certain WTC Responders at the
Pentagon and Shanksville, Pennsylvania under section 3354''
after ``section 3352''; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (2), by inserting ``, the World Trade
Center Health Program Special Fund under section 3353, or the
World Trade Center Health Program Fund for Certain WTC
Responders at the Pentagon and Shanksville, Pennsylvania under
section 3354'' before the period at the end; and
(B) in paragraph (3), by inserting ``, the World Trade
Center Health Program Special Fund under section 3353, or the
World Trade Center Health Program Fund for Certain WTC
Responders at the Pentagon and Shanksville, Pennsylvania under
section 3354'' before the period at the end.
SEC. 1852. EXTENSION OF CERTAIN DIRECT SPENDING REDUCTIONS.
Section 251A(6)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)(D)) is amended--
(1) in clause (i), by striking ``6'' and inserting ``7''; and
(2) in clause (ii), by striking ``second 6 months'' and
inserting ``last 5 months''.
SEC. 1853. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$466,795,056'' and inserting
``$2,250,795,056''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division and title XLVI of division D may be cited as the
``Military Construction Authorization Act for Fiscal Year 2024''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2026; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2027.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2026; or
(2) the date of the enactment of an Act authorizing funds for
fiscal year 2027 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII shall take effect on the later of--
(1) October 1, 2023; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to use cash payments in special
account from land conveyance, Natick Soldier Systems Center,
Massachusetts.
Sec. 2105. Extension of authority to carry out fiscal year 2018 project
at Kunsan Air Base, Korea.
Sec. 2106. Extension of authority to carry out certain fiscal year 2019
Army military construction projects.
Sec. 2107. Extension of authority to carry out certain fiscal year 2021
Army military construction projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Redstone Arsenal.............................. $53,000,000
Georgia........................................ Fort Eisenhower............................... $177,000,000
Hawaii......................................... Aliamanu Military Reservation................. $20,000,000
Fort Shafter.................................. $80,000,000
Helemano Military Reservation................. $90,000,000
Schofield Barracks............................ $70,000,000
Kansas......................................... Fort Riley.................................... $105,000,000
Kentucky....................................... Fort Campbell................................. $39,000,000
Louisiana...................................... Fort Johnson.................................. $13,400,000
Massachusetts.................................. Soldier Systems Center Natick................. $18,500,000
Michigan....................................... Detroit Arsenal............................... $72,000,000
North Carolina................................. Fort Liberty.................................. $253,000,000
Pennsylvania................................... Letterkenny Army Depot........................ $89,000,000
Texas.......................................... Fort Bliss.................................... $118,000,000
Red River Army Depot.......................... $113,000,000
Washington..................................... Joint Base Lewis-McChord...................... $100,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany........................................ Grafenwoehr.................................. $10,400,000
Hohenfels..................................... $88,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................ Family Housing New $90,135,000
Construction.............
Kwajalein.............................. Kwajalein Atoll........... Family Housing Replacement $98,600,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Army may improve existing military family housing units in an amount
not to exceed $100,000,000.
(c) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $27,549,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2023,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. EXTENSION OF AUTHORITY TO USE CASH PAYMENTS IN SPECIAL
ACCOUNT FROM LAND CONVEYANCE, NATICK SOLDIER SYSTEMS CENTER,
MASSACHUSETTS.
Section 2844(c)(2)(C) of the Military Construction Authorization
Act for Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat.
1865) is amended--
(1) in the heading, by striking ``October 1, 2025'' and
inserting ``October 1, 2027''; and
(2) by striking ``October 1, 2025'' and inserting ``October 1,
2027''.
SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2018 PROJECT
AT KUNSAN AIR BASE, KOREA.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subsection (b), as provided in section 2101(b) of such Act
(131 Stat. 1819) and extended by section 2106(a) of the Military
Construction Act for Fiscal Year 2023 (division B of Public Law 117-
263; 136 Stat. 2973), shall remain in effect until October 1, 2024, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Korea................................ Kunsan Air Base........ Unmanned Aerial Vehicle $53,000,000
Hangar................
----------------------------------------------------------------------------------------------------------------
SEC. 2106. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2019
ARMY MILITARY CONSTRUCTION PROJECTS.
(a) Army Military Construction.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2240), the authorizations set forth
in the table in paragraph (2), as provided in section 2101 of that
Act (132 Stat. 2241), shall remain in effect until October 1, 2024,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Army: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Korea.................................. Camp Tango................ Command and Control $17,500,000
Facility.
Maryland............................... Fort Meade................ Cantonment Area Roads..... $16,500,000
----------------------------------------------------------------------------------------------------------------
(b) Army Overseas Contingency Operations Military Construction.--
(1) Extension.--Notwithstanding such section, the
authorizations set forth in the table in paragraph (2), as provided
in section 2901 of such Act, shall remain in effect until October
1, 2024, or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Army: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Bulgaria.............................. Nevo Selo FOS............. EDI: Ammunition Holding $5,200,000
Area....................
Romania............................... Mihail Kogalniceanu FOS... EDI: Explosives and Ammo $21,651,000
Load/Unload Apron.......
----------------------------------------------------------------------------------------------------------------
SEC. 2107. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021
ARMY MILITARY CONSTRUCTION PROJECTS.
(a) Army Construction and Land Acquisition.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorizations set forth
in the table in paragraph (2), as provided in section 2101(a) of
that Act (134 Stat. 4295), shall remain in effect until October 1,
2024, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Army: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Yuma Proving Ground....... Ready Building........... $14,000,000
Georgia............................... Fort Gillem............... Forensic Lab............. $71,000,000
Louisiana............................. Fort Johnson.............. Information Systems $25,000,000
Facility................
----------------------------------------------------------------------------------------------------------------
(b) Child Development Center, Fort Eisenhower, Georgia.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorization under
section 2865 of that Act (10 U.S.C. 2802 note) for the project
described in paragraph (2) in Fort Eisenhower, Georgia, shall
remain in effect until October 1, 2024, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2025, whichever is later.
(2) Project described.--The project described in this paragraph
is the following:
Army: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Fort Eisenhower........... Child Development Center. $21,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2019
Navy military construction projects.
Sec. 2205. Extension of authority to carry out certain fiscal year 2021
Navy military construction projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Marine Corps Air Ground Combat Center $55,341,000
Twentynine Palms.............................
Port Hueneme.................................. $120,800,000
Connecticut.................................... Naval Submarine Base New London............... $333,344,000
District Of Columbia........................... Marine Barracks Washington (8th Street and I). $131,800,000
Florida........................................ Naval Air Station Whiting Field............... $148,505,000
Georgia........................................ Marine Corps Logistics Base Albany............ $64,000,000
Guam........................................... Andersen Air Force Base....................... $497,620,000
Joint Region Marianas......................... $174,540,000
Naval Base Guam............................... $950,656,000
Hawaii......................................... Marine Corps Base Kaneohe Bay................. $318,845,000
Maryland....................................... Fort Meade.................................... $186,480,000
Naval Air Station Patuxent River.............. $141,700,000
North Carolina................................. Marine Corps Air Station Cherry Point......... $269,790,000
Marine Corps Base Camp Lejeune................ $286,780,000
Pennsylvania................................... Naval Surface Warfare Center Philadelphia..... $100,000,000
Virginia....................................... Dam Neck Annex................................ $109,680,000
Joint Expeditionary Base Little Creek - Fort $57,000,000
Story........................................
Marine Corps Base Quantico.................... $127,120,000
Naval Station Norfolk......................... $175,878,000
Naval Weapons Station Yorktown................ $283,500,000
Washington..................................... Naval Base Kitsap............................. $245,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2203(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Djibouti....................................... Camp Lemonnier................................ $126,839,000
Italy.......................................... Naval Air Station Sigonella................... $90,348,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Navy may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Navy: Family Housing
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Guam............................ Joint Region Marianas $290,365,000
------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $57,740,000.
(c) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2203(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $14,370,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2023,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 may not
exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2019
NAVY MILITARY CONSTRUCTION PROJECTS.
(a) Navy Military Construction.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2240), the authorizations set forth
in the table in paragraph (2), as provided in section 2201 of that
Act (132 Stat. 2244), shall remain in effect until October 1, 2024,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Navy: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Bahrain............................... SW Asia................... Fleet Maintenance $26,340,000
Facility and TOC........
North Carolina........................ Marine Corps Base Camp 2nd Radio BN Complex, $51,300,000
Lejeune.................. Phase 2.................
South Carolina........................ Marine Corps Air Station Recycling/Hazardous Waste $9,517,000
Beaufort................. Facility................
Washington............................ Bangor.................... Pier and Maintenance $88,960,000
Facility................
----------------------------------------------------------------------------------------------------------------
(b) Enhancing Force Protection and Safety on Military
Installations.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2240), the authorization set forth in
the table in paragraph (2), as provided in section 2810 of that Act
(132 Stat. 2266), shall remain in effect until October 1, 2024, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Navy: Extension of 2019 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................ Marine Corps Air Station Laurel Bay Fire Station.. $10,750,000
Beaufort.................
----------------------------------------------------------------------------------------------------------------
(c) Navy Construction and Land Acquisition Project.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2240), the authorization set forth in
the table in paragraph (2), as provided in section 2902 of that Act
(132 Stat. 2286), shall remain in effect until October 1, 2024, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Navy: Extension of 2019 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Greece................................ Naval Support Activity EDI: Joint Mobility $41,650,000
Souda Bay................ Processing Center.......
----------------------------------------------------------------------------------------------------------------
SEC. 2205. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021
NAVY MILITARY CONSTRUCTION PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorizations set forth in
the table in subsection (b), as provided in section 2201 of that Act
(134 Stat. 4297), shall remain in effect until October 1, 2024, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
California............................ Twentynine Palms.......... Wastewater Treatment $76,500,000
Plant...................
Guam.................................. Joint Region Marianas..... Joint Communication $166,000,000
Upgrade.................
Maine................................. NCTAMS LANT Detachment Perimeter Security....... $26,100,000
Cutler...................
Nevada................................ Fallon.................... Range Training Complex, $29,040,000
Phase 1.................
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017
Air Force military construction projects.
Sec. 2305. Extension of authority to carry out certain fiscal year 2018
Air Force military construction projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2019
Air Force military construction projects.
Sec. 2307. Extension of authority to carry out fiscal year 2021 Air
Force military construction projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Florida........................................ Eglin Air Force Base.......................... $15,500,000
MacDill Air Force Base........................ $148,000,000
Patrick Space Force Base...................... $27,000,000
Tyndall Air Force Base........................ $252,000,000
Georgia........................................ Robins Air Force Base......................... $115,000,000
Guam........................................... Joint Region Marianas......................... $411,000,000
Massachusetts.................................. Hanscom Air Force Base........................ $37,000,000
Mississippi.................................... Columbus Air Force Base....................... $39,500,000
Montana........................................ Malmstrom Air Force Base...................... $10,300,000
South Dakota................................... Ellsworth Air Force Base...................... $235,000,000
Texas.......................................... Joint Base San Antonio-Lackland............... $158,000,000
Utah........................................... Hill Air Force Base........................... $107,000,000
Wyoming........................................ F.E. Warren Air Force Base.................... $85,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2303(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Australia...................................... Royal Australian Air Force Base Darwin........ $26,000,000
Royal Australian Air Force Base Tindal........ $130,500,000
Norway......................................... Rygge Air Station............................. $136,000,000
Philippines.................................... Cesar Basa Air Base........................... $35,000,000
Spain.......................................... Moron Air Base................................ $34,000,000
United Kingdom................................. Royal Air Force Fairford...................... $67,000,000
Royal Air Force Lakenheath.................... $101,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2303(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Air Force may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installations or locations, in the
number of units, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Japan......................................... Yokota Air Base................................. $27,000,000
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to
section 2825 of title 10, United States Code, and using amounts
appropriated pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $229,282,000.
(c) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2303(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $7,815,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2023,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
division may not exceed the total amount authorized to be appropriated
under subsection (a), as specified in the funding table in section 4601
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2017
AIR FORCE MILITARY CONSTRUCTION PROJECTS.
(a) Air Force Military Construction Projects Outside the United
States.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B of
Public Law 114-328; 130 Stat. 2688), the authorizations set forth
in the table in paragraph (2), as provided in section 2301(b) of
that Act (130 Stat. 2696) and extended by section 2304 of the
Military Construction Act for Fiscal Year 2022 (division B of
Public Law 117-81; 135 Stat. 2169), shall remain in effect until
October 1, 2024, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2025, whichever is
later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein Air Base......... 37 AS Squadron Operations/ $13,437,000
Aircraft Maintenance
Unit....................
Germany............................... Spangdahlem Air Base...... Upgrade Hardened Aircraft $2,700,000
Shelters for F/A-22.....
Japan................................. Yokota Air Base........... C-130J Corrosion Control $23,777,000
Hangar..................
----------------------------------------------------------------------------------------------------------------
(b) Air Force Overseas Contingency Operations Projects.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B of
Public Law 114-328; 130 Stat. 2688), the authorization set forth in
the table in paragraph (2), as provided in section 2902 of that Act
(130 Stat. 2743) and extended by section 2304 of the Military
Construction Act for Fiscal Year 2022 (division B of Public Law
117-81; 135 Stat. 2169), shall remain in effect until October 1,
2024, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Spangdahlem Air Base...... F/A-22 Low Observable/ $12,000,000
Composite Repair
Facility................
----------------------------------------------------------------------------------------------------------------
SEC. 2305. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
AIR FORCE MILITARY CONSTRUCTION PROJECTS.
(a) Tyndall Air Force Base, Florida.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in
the table in paragraph (2), as provided in section 2301(a) of that
Act (131 Stat. 1825) and extended by section 2304(a) of the
Military Construction Act for Fiscal Year 2023 (division B of
Public Law 117-263), shall remain in effect until October 1, 2024,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Tyndall Air Force Base.... Fire Station............. $17,000,000
----------------------------------------------------------------------------------------------------------------
(b) Air Force Overseas Contingency Operations Projects.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorizations set forth in
the table in paragraph (2), as provided in section 2903 of that Act
(131 Stat. 1876) and extended by section 2304(b) of the Military
Construction Act for Fiscal Year 2023 (division B of Public Law
117-263), shall remain in effect until October 1, 2024, or the date
of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Hungary............................... Kecskemet Air Base........ ERI: Airfield Upgrades... $12,900,000
Kecskemet Air Base........ ERI: Construct Parallel $30,000,000
Taxiway.................
Kecskemet Air Base........ ERI: Increase POL Storage $12,500,000
Capacity................
Luxembourg............................ Sanem..................... ERI: ECAOS Deployable $67,400,000
Airbase System Storage..
Slovakia.............................. Malacky................... ERI: Airfield Upgrades... $4,000,000
Malacky................... ERI: Increase POL Storage $20,000,000
Capacity................
----------------------------------------------------------------------------------------------------------------
SEC. 2306. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2019
AIR FORCE MILITARY CONSTRUCTION PROJECTS.
(a) Air Force Military Construction Projects.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2240), the authorizations set forth
in the table in paragraph (2), as provided in section 2301 of that
Act (132 Stat. 2246), shall remain in effect until October 1, 2024,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands....................... Tinian.................... APR-Cargo Pad with $46,000,000
Taxiway Extension.......
Tinian.................... APR-Maintenance Support $4,700,000
Facility................
Maryland.............................. Joint Base Andrews........ Child Development Center. $13,000,000
Joint Base Andrews........ PAR Relocate Haz Cargo $37,000,000
Pad and EOD Range.......
New Mexico............................ Holloman Air Force Base... MQ-9 FTU Ops Facility.... $85,000,000
Kirtland Air Force Base... Wyoming Gate Upgrade for $7,000,000
Anti-Terrorism
Compliance..............
United Kingdom........................ Royal Air Force Lakenheath F-35A ADAL Conventional $9,204,000
Munitions MX............
Utah.................................. Hill Air Force Base....... Composite Aircraft $26,000,000
Antenna Calibration Fac.
----------------------------------------------------------------------------------------------------------------
(b) Air Force Overseas Contingency Operations Projects.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2240), the authorizations set forth
in the table in paragraph (2), as provided in section 2903 of that
Act (132 Stat. 2287), shall remain in effect until October 1, 2024,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Slovakia............................. Malacky................... EDI: Regional Munitions $59,000,000
Storage Area............
United Kingdom........................ RAF Fairford.............. EDI: Construct DABS-FEV $87,000,000
Storage.................
RAF Fairford.............. EDI: Munitions Holding $19,000,000
Area....................
----------------------------------------------------------------------------------------------------------------
SEC. 2307. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2021 AIR
FORCE MILITARY CONSTRUCTION PROJECTS.
(a) Joint Base Langley-Eustis, Virginia.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorization set forth in
the table in paragraph (2), as provided in section 2301 of that Act
(134 Stat. 4299), shall remain in effect until October 1, 2024, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Joint Base Langley-Eustis. Access Control Point Main $19,500,000
Gate With Land Acq......
----------------------------------------------------------------------------------------------------------------
(b) Air Force Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorizations set forth
in the table in paragraph (2), as provided in section 2902 of that
Act (134 Stat. 4373), shall remain in effect until October 1, 2024,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein Air Base......... EDI: Rapid Airfield $36,345,000
Damage Repair Storage...
Spangdahlem............... EDI: Rapid Airfield $25,824,000
Damage Repair Storage...
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
Defense Agencies military construction projects.
Sec. 2405. Extension and modification of authority to carry out certain
fiscal year 2019 Defense Agencies military construction
projects.
Sec. 2406. Extension of authority to carry out fiscal year 2021 project
at Defense Fuel Support Point Tsurumi, Japan.
Sec. 2407. Extension of authority to carry out certain fiscal year 2021
Energy Resilience and Conservation Investment projects.
Sec. 2408. Authority to carry out military construction projects to
improve certain fiscal year 2022 utility systems.
Sec. 2409. Additional authority to carry out certain military
construction projects to improve certain fiscal year 2023
utility systems.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Redstone Arsenal............................. $147,975,000
California................................... Marine Corps Air Station Miramar............. $103,000,000
Naval Base Coronado.......................... $51,000,000
Naval Base San Diego......................... $101,644,000
Delaware..................................... Dover Air Force Base......................... $30,500,000
Maryland..................................... Fort Meade................................... $885,000,000
Joint Base Andrews........................... $38,300,000
Montana...................................... Great Falls International Airport............ $30,000,000
North Carolina............................... Marine Corps Base Camp Lejeune............... $70,000,000
Utah......................................... Hill Air Force Base.......................... $14,200,000
Virginia..................................... Fort Belvoir................................. $185,000,000
Joint Expeditionary Base Little Creek - Fort $61,000,000
Story.
Pentagon..................................... $30,600,000
Washington................................... Joint Base Lewis-McChord..................... $62,000,000
Manchester................................... $71,000,000
Naval Undersea Warfare Center Keyport........ $37,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Cuba......................................... Naval Station Guantanamo Bay................. $257,000,000
Germany...................................... Baumholder.................................... $57,700,000
Ramstein Air Base............................. $181,764,000
Honduras..................................... Soto Cano Air Base............................ $41,300,000
Japan........................................ Kadena Air Base............................... $100,300,000
Spain........................................ Naval Station Rota............................ $80,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations inside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Marine Corps Air Station Miramar............. $30,550,000
Naval Base San Diego......................... $6,300,000
Vandenberg Space Force Base.................. $57,000,000
Colorado..................................... Buckley Space Force Base..................... $14,700,000
Georgia...................................... Naval Submarine Base Kings Bay............... $74,500,000
Kansas....................................... Forbes Field................................. $5,850,000
Missouri..................................... Lake City Army Ammunition Plant.............. $80,100,000
Nebraska..................................... Offutt Air Force Base........................ $41,000,000
North Carolina............................... Fort Liberty (Camp Mackall).................. $10,500,000
Oklahoma..................................... Fort Sill.................................... $76,650,000
Puerto Rico.................................. Fort Buchanan................................ $56,000,000
Texas........................................ Fort Cavazos................................. $18,250,000
Virginia..................................... Pentagon..................................... $2,250,000
Washington................................... Joint Base Lewis-McChord..................... $49,850,000
Wyoming...................................... F.E. Warren Air Force Base................... $25,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations outside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Korea........................................ K-16 Air Base................................. $5,650,000
Kuwait....................................... Camp Buehring................................. $18,850,000
----------------------------------------------------------------------------------------------------------------
(c) Improvements to Conveyed Utility Systems.--In the case of a
utility system that is conveyed under section 2688 of title 10, United
States Code, and that only provides utility services to a military
installation, notwithstanding subchapters I and III of chapter 169 and
chapters 221 and 223 of title 10, United States Code, the Secretary of
Defense or the Secretary of a military department may authorize a
contract with the conveyee of the utility system to carry out the
military construction projects set forth in the following table:
Improvements to Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Nebraska...................................... Offutt Air Force Base........................ Microgrid and
Backup Power
North Carolina................................ Fort Liberty (Camp Mackall).................. Microgrid and
Backup Power
Texas......................................... Fort Cavazos................................. Microgrid and
Backup Power
Washington.................................... Joint Base Lewis-McChord..................... Power Generation
and Microgrid
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2023,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
DEFENSE AGENCIES MILITARY CONSTRUCTION PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorizations set forth in the
table in subsection (b), as provided in section 2401(b) of that Act
(131 Stat. 1829) and extended by section 2404 of the Military
Construction Authorization Act for Fiscal Year 2023 (division B of
Public Law 117-263), shall remain in effect until October 1, 2024, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Japan................................. Iwakuni................... PDI: Construct Bulk $30,800,000
Storage Tanks PH 1......
Puerto Rico........................... Punta Borinquen........... Ramey Unit School $61,071,000
Replacement.............
----------------------------------------------------------------------------------------------------------------
SEC. 2405. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2019 DEFENSE AGENCIES MILITARY CONSTRUCTION PROJECTS.
(a) Extension.--
(1) In general.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2240), the authorizations set forth
in the table in paragraph (2), as provided in section 2401(b) of
that Act (132 Stat. 2249), shall remain in effect until October 1,
2024, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as
follows:
Defense Agencies: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Germany.............................. Baumholder............. SOF Joint Parachute $11,504,000
Rigging Facility......
Japan................................ Camp McTureous......... Betchel Elementary $94,851,000
School................
Iwakuni................ Fuel Pier............. $33,200,000
----------------------------------------------------------------------------------------------------------------
(b) Modification of Authority to Carry Out Fiscal Year 2019 Project
in Baumholder, Germany.--
(1) Modification of project authority.--In the case of the
authorization contained in the table in section 2401(b) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2249) for Baumholder,
Germany, for construction of a SOF Joint Parachute Rigging
Facility, the Secretary of Defense may construct a 3,200 square
meter facility.
(2) Modification of project amounts.--
(A) Division b table.--The authorization table in section
2401(b) of the Military Construction Authorization Act for
Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat.
2249), as extended pursuant to subsection (a), is amended in
the item relating to Baumholder, Germany, by striking
``$11,504,000'' and inserting ``$23,000,000'' to reflect the
project modification made by paragraph (1).
(B) Division d table.--The funding table in section 4601 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2406) is
amended in the item relating to Defense-wide, Baumholder,
Germany, SOF Joint Parachute Rigging Facility, by striking
``11,504'' in the Conference Authorized column and inserting
``23,000'' to reflect the project modification made by
paragraph (1).
SEC. 2406. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2021 PROJECT
AT DEFENSE FUEL SUPPORT POINT TSURUMI, JAPAN.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorization set forth in the
table in subsection (b), as provided in section 2401(b) of that Act
(134 Stat. 4304), shall remain in effect until October 1, 2024, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Japan................................. Def Fuel Support Point Fuel Wharf............... $49,500,000
Tsurumi..................
----------------------------------------------------------------------------------------------------------------
SEC. 2407. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021
ENERGY RESILIENCE AND CONSERVATION INVESTMENT PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorizations set forth in
the table in subsection (b), as provided in section 2402 of that Act
(134 Stat. 4306), shall remain in effect until October 1, 2024, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
ERCIP Projects: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.............................. Ebbing Air National Guard PV Arrays and Battery $2,600,000
Base..................... Storage.................
California............................ Marine Corps Air Combat Install 10 Mw Battery $11,646,000
Center Twentynine Palms.. Energy Storage for
Various Buildings.......
Military Ocean Terminal Military Ocean Terminal $29,000,000
Concord.................. Concord Microgrid.......
Naval Support Activity Cogeneration Plant at $10,540,000
Monterey................. B236....................
Italy................................. Naval Support Activity Smart Grid............... $3,490,000
Naples...................
Nevada................................ Creech Air Force Base..... Central Standby $32,000,000
Generators..............
Virginia.............................. Naval Medical Center Retro Air Handling Units $611,000
Portsmouth............... From Constant Volume;
Reheat to Variable Air
Volume..................
----------------------------------------------------------------------------------------------------------------
SEC. 2408. AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION PROJECTS TO
IMPROVE CERTAIN FISCAL YEAR 2022 UTILITY SYSTEMS.
In the case of a utility system that is conveyed under section 2688
of title 10, United States Code, and that only provides utility
services to a military installation, notwithstanding subchapters I and
III of chapter 169 and chapters 221 and 223 of title 10, United States
Code, the Secretary of Defense or the Secretary of a military
department may authorize a contract with the conveyee of the utility
system to carry out the military construction projects set forth in the
following table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Novosel.................................. Construct a 10 MW
RICE Generator
Plant and Micro-
Grid Controls
Georgia...................................... Fort Moore.................................... Construct 4.8MW
Generation and
Microgrid
Fort Stewart................................. Construct a 10 MW
Generation Plant,
with Microgrid
Controls
New York..................................... Fort Drum..................................... Well Field
Expansion Project
North Carolina............................... Fort Liberty.................................. Construct 10 MW
Microgrid
Utilizing
Existing and New
Generators
Fort Liberty.................................. Fort Liberty
Emergency Water
System
----------------------------------------------------------------------------------------------------------------
SEC. 2409. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN MILITARY
CONSTRUCTION PROJECTS TO IMPROVE CERTAIN FISCAL YEAR 2023 UTILITY
SYSTEMS.
In the case of a utility system that is conveyed under section 2688
of title 10, United States Code, and that only provides utility
services to a military installation, notwithstanding subchapters I and
III of chapter 169 and chapters 221 and 223 of title 10, United States
Code, the Secretary of Defense or the Secretary of a military
department may authorize a contract with the conveyee of the utility
system to carry out the military construction projects set forth in the
following table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Georgia...................................... Fort Stewart - Hunter Army Airfield........... Power Generation
and Microgrid
Kansas....................................... Fort Riley.................................... Power Generation
and Microgrid
Texas........................................ Fort Cavazos.................................. Power Generation
and Microgrid
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
Subtitle A--North Atlantic Treaty Organization Security Investment
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program, as provided
in section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2023, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501 as specified in the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Bonifas........... Vehicle Maintenance $7,700,000
Shop..................
Army................................. Camp Carroll........... Humidity Controlled $189,000,000
Warehouse.............
Army................................. Camp Humphreys......... Airfield Services $7,100,000
Storage Warehouse.....
Army................................. Camp Walker............ Consolidated Fire and $48,000,000
Military Police
Station...............
Army................................. Pusan.................. Warehouse Facility..... $40,000,000
Navy................................. Chinhae................ Electrical Switchgear $6,000,000
Building..............
Air Force............................ Osan Air Base.......... Consolidated Operations $46,000,000
Group and Maintenance
Group Headquarters....
Air Force............................ Osan Air Base.......... Flight Line Dining $6,800,000
Facility..............
Air Force............................ Osan Air Base.......... Reconnaissance Squadron $30,000,000
Operations and
Avionics Facility.....
Air Force............................ Osan Air Base.......... Repair Aircraft $8,000,000
Maintenance Hangar
B1732.................
Air Force............................ Osan Air Base.......... Upgrade Electrical $46,000,000
Distribution East,
Phase 2...............
Air Force............................ Osan Air Base.......... Water Supply Treatment $22,000,000
Facility..............
----------------------------------------------------------------------------------------------------------------
SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Poland for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Poland, and in the amounts, set forth in the following
table:
Republic of Poland Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Powidz................. Barracks and Dining $93,000,000
Facility..............
Army................................. Powidz................. Rotary Wing Aircraft $35,000,000
Apron.................
Army................................. Swietoszow............. Bulk Fuel Storage...... $35,000,000
Army................................. Swietoszow............. Rail Extension and $7,300,000
Railhead..............
Air Force............................ Wroclaw................ Aerial Port of $59,000,000
Debarkation Ramp......
Air Force............................ Wroclaw................ Taxiways to Aerial Port $39,000,000
of Debarkation Ramp...
Defense-Wide......................... Lubliniec.............. Special Operations $16,200,000
Forces Company
Operations Facility...
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authority to carry out fiscal year 2018 project
at Hulman Regional Airport, Indiana.
Sec. 2608. Extension of authority to carry out fiscal year 2019 project
at Francis S. Gabreski Airport, New York.
Sec. 2609. Extension of authority to carry out certain fiscal year 2021
National Guard and Reserve military construction projects.
Sec. 2610. Modification of authority to carry out fiscal year 2023
project at Camp Pendleton, California.
Sec. 2611. Authority to conduct restoration and modernization projects
at the First City Troop Readiness Center in Philadelphia,
Pennsylvania.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Surprise Readiness Center..................... $15,000,000
Florida........................................ Camp Blanding................................. $11,000,000
Idaho.......................................... Jerome County Regional Site................... $17,000,000
Illinois....................................... North Riverside Armory........................ $24,000,000
Kentucky Burlington.................................... $16,400,000
Mississippi Southaven Readiness Center.................... $33,000,000
Missouri....................................... Bellefontaine................................. $28,000,000
New Hampshire.................................. Littleton..................................... $23,000,000
New Mexico..................................... Rio Rancho Training Site...................... $11,000,000
New York....................................... Lexington Avenue Armory....................... $90,000,000
Ohio........................................... Camp Perry Joint Training Center.............. $19,200,000
Oregon Washington County Readiness Center............ $26,000,000
Pennsylvania................................... Hermitage Readiness Center.................... $13,600,000
Rhode Island................................... Quonset Point................................. $41,000,000
South Carolina................................. Aiken County Readiness Center................. $20,000,000
McCrady Training Center....................... $7,900,000
Virginia....................................... Sandston RC & FMS 1........................... $20,000,000
Wisconsin...................................... Viroqua....................................... $18,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Birmingham.................................... $57,000,000
Arizona........................................ San Tan Valley................................ $17,000,000
California..................................... Fort Hunter Liggett........................... $40,000,000
Georgia........................................ Marine Corps Logistics Base Albany............ $40,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in
the following table:
Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Michigan....................... Naval Reserve $24,549,000
Center Battle
Creek.............
Virginia....................... Marine Forces $12,400,000
Reserve Dam Neck
Virginia Beach....
------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Montgomery Regional Airport................... $7,000,000
Alaska......................................... Joint Base Elmendorf - Richardson............. $7,000,000
Arizona........................................ Tucson International Airport.................. $11,600,000
Arkansas....................................... Ebbing Air National Guard Base................ $75,989,000
Colorado....................................... Buckley Space Force Base...................... $12,000,000
Indiana........................................ Fort Wayne International Airport.............. $8,900,000
Oregon......................................... Portland International Airport................ $79,000,000
Pennsylvania................................... Harrisburg International Airport.............. $8,000,000
Wisconsin...................................... Truax Field................................... $5,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Davis-Monthan Air Force Base.................. $8,500,000
California..................................... March Air Reserve Base........................ $226,500,000
Georgia........................................ Dobbins Air Reserve Base...................... $22,000,000
Guam........................................... Joint Region Marianas......................... $27,000,000
Louisiana...................................... Barksdale Air Force Base...................... $7,000,000
Texas.......................................... Naval Air Station Joint Reserve Base Fort $16,000,000
Worth........................................
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2023, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2018 PROJECT
AT HULMAN REGIONAL AIRPORT, INDIANA.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subsection (b), as provided in section 2604 of that Act (131
Stat. 1836) and extended by section 2608 of the Military Construction
Act for Fiscal Year 2023 (division B of Public Law 117-263), shall
remain in effect until October 1, 2024, or the date of the enactment of
an Act authorizing funds for military construction for fiscal year
2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Indiana............................... Hulman Regional Airport... Construct Small Arms $8,000,000
Range...................
----------------------------------------------------------------------------------------------------------------
SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2019 PROJECT
AT FRANCIS S. GABRESKI AIRPORT, NEW YORK.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2240), the authorization set forth in the
table in subsection (b), as provided in sections 2604 of that Act (132
Stat. 2255), shall remain in effect until October 1, 2024, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2019 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
New York.............................. Francis S. Gabreski Security Forces/Comm. $20,000,000
Airport.................. Training Facility.......
----------------------------------------------------------------------------------------------------------------
SEC. 2609. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021
NATIONAL GUARD AND RESERVE MILITARY CONSTRUCTION PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4294), the authorizations set forth in
the table in subsection (b), as provided in sections 2601, 2602, and
2604 of that Act (134 Stat. 4312, 4313, 4314), shall remain in effect
until October 1, 2024, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2025,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State or Territory Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.............................. Fort Chaffee.............. National Guard Readiness $15,000,000
Center..................
California............................ Bakersfield............... National Guard Vehicle $9,300,000
Maintenance Shop........
Colorado.............................. Peterson Space Force Base. National Guard Readiness $15,000,000
Center..................
Guam.................................. Joint Region Marianas..... Space Control Facility #5 $20,000,000
Ohio.................................. Columbus.................. National Guard Readiness $15,000,000
Center..................
Massachusetts......................... Devens Reserve Forces Automated Multipurpose $8,700,000
Training Area............ Machine Gun Range.......
North Carolina........................ Asheville................. Army Reserve Center/Land. $24,000,000
Puerto Rico........................... Fort Allen................ National Guard Readiness $37,000,000
Center..................
South Carolina........................ Joint Base Charleston..... National Guard Readiness $15,000,000
Center..................
Texas................................. Fort Worth................ Aircraft Maintenance $6,000,000
Hangar Addition/Alt.....
Joint Base San Antonio.... F-16 Mission Training $10,800,000
Center..................
Virgin Islands........................ St. Croix................. Army Aviation Support $28,000,000
Facility (AASF).........
St. Croix................. CST Ready Building....... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2610. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2023
PROJECT AT CAMP PENDLETON, CALIFORNIA.
In the case of the authorization contained in the table in section
2602 of the Military Construction Authorization Act for Fiscal Year
2023 (division B of Public Law 117-263; 136 Stat. 2987) for Camp
Pendleton, California, for construction of an area maintenance support
activity, the Secretary of the Army may construct a 15,000 square foot
facility.
SEC. 2611. AUTHORITY TO CONDUCT RESTORATION AND MODERNIZATION PROJECTS
AT THE FIRST CITY TROOP READINESS CENTER IN PHILADELPHIA, PENNSYLVANIA.
(a) In General.--Subject to the conditions described in subsection
(b), the Chief of the National Guard Bureau may only obligate or expend
amounts available to the Army National Guard for Facilities
Sustainment, Restoration, and Modernization, or award a contract, to
conduct restoration and modernization projects at the First City Troop
Readiness Center in Philadelphia, Pennsylvania.
(b) Conditions.--The conditions described in this subsection are
the following:
(1) As of the date on which the Chief awards a contract under
subsection (a), any lease held by the Commonwealth of Pennsylvania
for the First City Troop Readiness Center has a term sufficient to
allow a project described in subsection (a) to realize the
applicable full lifecycle benefit.
(2) The Federal contribution for such a project does not exceed
50 percent of the total cost of the project.
(3) Not later than 15 days before the date on which the Chief
awards any such contract, the Chief submits to the Committees on
Armed Services of the Senate and the House of Representatives a
notification that includes an explanation of the sufficiency of the
term of the lease described in paragraph (1).
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2023, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act as specified in
the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Programs
Sec. 2801. Modifications to Defense Community Infrastructure Program.
Sec. 2802. Modification to authority for unspecified minor
construction.
Sec. 2803. Application of dollar limitations for unspecified minor
military construction projects to locations outside the United
States.
Sec. 2804. Increase to amount of certain funds for military installation
resilience projects.
Sec. 2805. Authority for certain construction projects in friendly
foreign countries.
Sec. 2806. Temporary expansion of authority for use of one-step turn-key
procedures for repair projects.
Sec. 2807. Authorization of cost-plus incentive-fee contracting for
military construction projects to mitigate risk to the
Sentinel program schedule and cost.
Sec. 2808. Inclusion on Department of Defense Form 1391 of information
on consideration of certain methods of construction for
certain military construction projects.
Sec. 2809. Incorporation of cybersecurity supply chain risk management
tools and methods.
Sec. 2810. Authority for Indo-Pacific posture unspecified minor military
construction projects.
Sec. 2811. Authority to conduct energy resilience and conservation
projects at installations at which certain energy projects
have occurred.
Subtitle B--Military Housing Reforms
Sec. 2821. Establishment of the Military Family Readiness Working Group
for Military Housing.
Sec. 2822. Improvements to privatized military housing.
Sec. 2823. Notification relating to legal counsel for nondisclosure
agreements.
Sec. 2824. Inclusion of questions regarding military housing for members
of the Armed Forces in status of forces survey.
Sec. 2825. Implementation of Comptroller General recommendations
relating to strengthening oversight of privatized military
housing.
Subtitle C--Covered Military Unaccompanied Housing Reforms
Sec. 2831. Design standards for covered military unaccompanied housing.
Sec. 2832. Establishment of standards for habitability of covered
military unaccompanied housing.
Sec. 2833. Modification of procedures for issuance of waivers of covered
privacy and configuration standards; temporary biannual
briefing.
Sec. 2834. Certification of habitability of covered military
unaccompanied housing.
Sec. 2835. Pilot program for military construction projects to replace
certain covered military unaccompanied housing facilities.
Sec. 2836. Establishment of civilian employees for oversight of covered
military unaccompanied housing.
Sec. 2837. Maintenance work order management process for covered
military unaccompanied housing.
Sec. 2838. Uniform index for evaluating the condition of covered
military unaccompanied housing facilities.
Sec. 2839. Annual reports on the condition of covered military
unaccompanied housing.
Sec. 2840. Submission of temporary housing support certification to
Members of Congress.
Sec. 2841. Elimination of flexibilities for construction standards for
covered military unaccompanied housing.
Subtitle D--Real Property and Facilities Administration
Sec. 2851. Guidance on Department of Defense-wide standards for access
to military installations.
Sec. 2852. Authority to make grants for security and fire protection for
former Army and Navy General Hospital, Hot Springs National
Park, Hot Springs, Arkansas; briefing.
Sec. 2853. Plan and report on critical infrastructure systems at
military installations.
Sec. 2854. Closure and disposal of the Pueblo Chemical Depot, Pueblo
County, Colorado.
Sec. 2855. Limitation on authority to modify or restrict public access
to Greenbury Point Conservation Area at Naval Support Activity
Annapolis, Maryland.
Sec. 2856. Authorization for the Secretary of the Navy to resolve the
electrical utility operations at Former Naval Air Station
Barbers Point, Hawaii.
Sec. 2857. Inclusion of military installation resilience in real
property management and installation master planning of
Department.
Sec. 2858. Modification of authority to relocate Joint Spectrum Center
to Fort Meade, Maryland.
Subtitle E--Land Conveyances
Sec. 2861. Extension of sunset for land conveyance, Sharpe Army Depot,
Lathrop, California.
Sec. 2862. Clarification of authority of Department of Defense to
conduct certain military activities at Nevada test and
training range.
Sec. 2863. Extensions, additions, and revisions to the Military Lands
Withdrawal Act of 1999 relating to the Barry M. Goldwater
Range, Arizona.
Sec. 2864. Land acquisition, Westmoreland State Park, Virginia.
Sec. 2865. Land conveyance, Naval Weapons Station Earle, New Jersey.
Sec. 2866. Land Conveyance, Paine Field Air National Guard Station,
Everett, Snohomish County, Washington.
Sec. 2867. Land conveyance, Wetzel County Memorial Army Reserve Center,
New Martinsville, West Virginia.
Sec. 2868. Land conveyance, BG J Sumner Jones Army Reserve Center,
Wheeling, West Virginia.
Subtitle F--Pilot Programs and Reports
Sec. 2871. Modification of pilot program on increased use of sustainable
building materials in military construction.
Sec. 2872. Modification of pilot program on establishment of account for
reimbursement for use of testing facilities at installations
of the Department of the Air Force.
Sec. 2873. Pilot program to provide air purification technology in
covered military housing.
Sec. 2874. Joint Housing Requirements and Market Analysis for certain
military installations in Hawaii.
Sec. 2875. Quarterly briefings on military construction related to the
Sentinel intercontinental ballistic missile weapon system
program.
Subtitle G--Other Matters
Sec. 2881. Increase of limitation on fee for architectural and
engineering services procured by military departments.
Sec. 2882. Development and operation of Marine Corps Heritage Center and
National Museum of the Marine Corps.
Sec. 2883. Technical corrections.
Sec. 2884. Modification of authority of Secretary of the Army to enter
into cooperative agreements relating to access and management
of Air Force Memorial.
Sec. 2885. Designation of National Museum of the Mighty Eighth Air
Force.
Sec. 2886. Continuing education curriculum on use of innovative products
for military construction projects.
Sec. 2887. Guidance on encroachment that affects covered sites.
Sec. 2888. Extension and modification of annual updates to master plans
and investment strategies for Army ammunition plants.
Sec. 2889. Limitation on use of funds for United States Space Command
Headquarters.
Sec. 2890. Plan for use of excess construction materials on southwest
border.
Subtitle A--Military Construction Programs
SEC. 2801. MODIFICATIONS TO DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM.
Section 2391(d) of title 10, United States Code, is amended--
(1) in the subsection heading, by striking ``Pilot''; and
(2) by striking paragraph (5).
SEC. 2802. MODIFICATION TO AUTHORITY FOR UNSPECIFIED MINOR
CONSTRUCTION.
(a) Inclusion of Demolition in Definition of Unspecified Minor
Military Construction Project.--Section 2805(a) of title 10, United
States Code, is amended--
(1) in paragraph (2), by inserting ``or a demolition project''
after ``is a military construction project''; and
(2) by adding at the end the following new paragraph:
``(3) Notwithstanding the requirements of this section, the
Secretary concerned may use amounts authorized pursuant to another law
or regulation to carry out a demolition project described in paragraph
(2).''.
(b) Modification to Dollar Thresholds for Unspecified Minor
Construction.--Section 2805 of title 10, United States Code, is
amended--
(1) in subsection (a)(2), by striking the dollar figure and
inserting ``$9,000,000'';
(2) in subsection (b)(2), by striking the dollar figure and
inserting ``$4,000,000'';
(3) in subsection (c), by striking the dollar figure and
inserting ``$4,000,000''; and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking the dollar figure
and inserting ``$9,000,000''; and
(ii) in subparagraph (B), by striking the dollar figure
and inserting ``$9,000,000''; and
(B) in paragraph (2), by striking the dollar figure and
inserting ``$9,000,000''.
(c) Modification to Adjustment of Dollar Limitations for
Location.--Section 2805(f) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking the dollar figure and
inserting ``$14,000,000''; and
(2) by striking paragraph (3).
(d) Report.--No later than 270 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 impacts of inflation over time on
the utility of the authority to carry out unspecified minor military
construction projects under section 2805 of title 10, United States
Code.
(e) Repeal.--Section 2801 of the National Defense Authorization Act
for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2992; 10 U.S.C.
2805 note) is repealed.
SEC. 2803. APPLICATION OF DOLLAR LIMITATIONS FOR UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS TO LOCATIONS OUTSIDE THE UNITED STATES.
Section 2805(f) of title 10, United States Code (as amended by
section 2802), is further amended--
(1) in paragraph (1), by striking ``inside the United States'';
and
(2) by striking paragraph (2).
SEC. 2804. INCREASE TO AMOUNT OF CERTAIN FUNDS FOR MILITARY
INSTALLATION RESILIENCE PROJECTS.
Section 2815(e)(3) of title 10, United States Code, is amended by
striking ``$100,000,000'' and inserting ``$125,000,000''.
SEC. 2805. AUTHORITY FOR CERTAIN CONSTRUCTION PROJECTS IN FRIENDLY
FOREIGN COUNTRIES.
Subchapter I of chapter 169 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2817. Authority for certain construction projects in friendly
foreign countries
``(a) Construction Authorized.--Using funds available for
operations and maintenance, the Secretary of Defense may carry out a
construction project in a friendly foreign country, and perform
planning and design to support such a project, that the Secretary
determines meets each of the following conditions:
``(1) The commander of the geographic combatant command in
which the construction project will be carried out identified the
construction project as necessary to support vital United States
military requirements at an air port of debarkation, sea port of
debarkation, or rail or other logistics support location.
``(2) The construction project will not be carried out at a
military installation.
``(3) The funds made available under the authority of this
section for the construction project--
``(A) will be sufficient to--
``(i) construct a complete and usable facility or make
an improvement to a facility; or
``(ii) complete the repair of an existing facility or
improvement to a facility; and
``(B) will not require additional funds from other
Department of Defense accounts.
``(4) The level of construction for the construction project
may not exceed the minimum necessary to meet the military
requirements identified under paragraph (1).
``(5) Deferral of the construction project pending inclusion of
the construction project proposal in the national defense
authorization Act for a subsequent fiscal year is inconsistent with
the military requirements identified under paragraph (1) and other
national security or national interests of the United States.
``(b) Congressional Notification.--
``(1) Notification required.--Upon determining to carry out a
construction project under this section that has an estimated cost
in excess of the amounts authorized for unspecified minor military
construction projects under section 2805(c) of this title, the
Secretary of Defense shall submit to the specified congressional
committees a notification of such determination.
``(2) Elements.--The notification required by paragraph (1)
shall include the following:
``(A) A certification that the conditions specified in
subsection (a) are satisfied with regard to the construction
project.
``(B) A justification for such project.
``(C) An estimate of the cost of such project.
``(3) Notice and wait.--The Secretary of Defense may carry out
a construction project only after the end of the 30-day period
beginning on the date the notice required by paragraph (1) is
received by the specified congressional committees in an electronic
medium pursuant to section 480 of this title.
``(c) Annual Limitations on Use of Authority.--
``(1) Total cost limitation.--The Secretary of Defense may not
obligate more than $200,000,000 in any fiscal year under the
authority provided by this section.
``(2) Additional obligation authority.--Notwithstanding
paragraph (1), the Secretary of Defense may authorize the
obligation under this section of not more than an additional
$10,000,000 from funds available for operations and maintenance for
a fiscal year if the Secretary determines that the additional funds
are needed for costs associated with contract closeouts for all
construction projects during such fiscal year.
``(3) Project limitation.--The maximum amount that the
Secretary may obligate for a single construction project is
$15,000,000.
``(d) Specified Congressional Committees Defined.--In this section,
the term `specified congressional committees' means--
``(1) the Committee on Armed Services and the Subcommittee on
Defense and the Subcommittee on Military Construction, Veterans
Affairs, and Related Agencies of the Committee on Appropriations of
the Senate; and
``(2) the Committee on Armed Services and the Subcommittee on
Defense and the Subcommittee on Military Construction, Veterans
Affairs, and Related Agencies of the Committee on Appropriations of
the House of Representatives.''.
SEC. 2806. TEMPORARY EXPANSION OF AUTHORITY FOR USE OF ONE-STEP TURN-
KEY PROCEDURES FOR REPAIR PROJECTS.
During the five-year period beginning on the date of the enactment
of this Act, section 2862(a)(2) of title 10, United States Code, shall
be applied and administered by substituting ``$8,000,000'' for
``$4,000,000''.
SEC. 2807. AUTHORIZATION OF COST-PLUS INCENTIVE-FEE CONTRACTING FOR
MILITARY CONSTRUCTION PROJECTS TO MITIGATE RISK TO THE SENTINEL PROGRAM
SCHEDULE AND COST.
Notwithstanding section 3323 of title 10, United States Code, the
Secretary of Defense may authorize the use of contracts using cost-plus
incentive-fee contracting for military construction projects associated
with launch facilities, launch centers, and related infrastructure of
the Sentinel intercontinental ballistic missile weapon system program
of the Department of Defense for not more than one low-rate initial
production lot at each of the following locations:
(1) F.E. Warren Air Force Base, Wyoming.
(2) Malmstrom Air Force Base, Montana.
(3) Minot Air Force Base, North Dakota.
SEC. 2808. INCLUSION ON DEPARTMENT OF DEFENSE FORM 1391 OF INFORMATION
ON CONSIDERATION OF CERTAIN METHODS OF CONSTRUCTION FOR CERTAIN
MILITARY CONSTRUCTION PROJECTS.
(a) In General.--As part of the Department of Defense Form 1391
submitted to the appropriate committees of Congress for a covered
military construction project, each covered official shall, to the
extent practicable, include information on whether all relevant
construction materials and methods of construction included in the
Unified Facilities Criteria/DoD Building Code (UFC 1-200-01) were
considered in the design of such covered military construction project.
(b) Definitions.--In this section:
(1) The terms ``appropriate committees of Congress'' and
``military construction project'' have the meanings given in
section 2801 of title 10, United States Code.
(2) The term ``covered military construction project'' means a
military construction project with an estimated total cost in
excess of $9,000,000.
(3) The term ``covered official'' means--
(A) the Secretary of Defense; and
(B) each Secretary of a military department.
SEC. 2809. INCORPORATION OF CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT
TOOLS AND METHODS.
Section 2914 of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Incorporation of Cybersecurity Supply Chain Risk Management
Tools and Methods.--(1) The Secretary of Defense shall incorporate into
covered projects cybersecurity supply chain risk management tools and
solutions to provide continuous analysis, monitoring, and mitigation of
cyber vulnerabilities.
``(2) In carrying out the requirements of paragraph (1), the
Secretary of Defense shall consider, to the maximum extent practicable,
the following:
``(A) The adoption of commercially available cybersecurity
supply chain risk management tools and solutions.
``(B) The inclusion of existing databases on cyber
vulnerabilities when selecting such tools and solutions.
``(C) The need for such tools and methods to provide continuous
analysis, monitoring, and mitigation of cyber vulnerabilities in
covered projects.
``(D) Beginning with fiscal year 2026, documentation for any
new requirements for cybersecurity supply chain risk management in
annual guidance for covered projects that is submitted along with
the annual budget request of the President submitted pursuant to
section 1105 of title 31.
``(3) In this subsection, the term `covered project' means a
project connected to a Department of Defense Information Network for
which funds are made available under this section.''.
SEC. 2810. AUTHORITY FOR INDO-PACIFIC POSTURE UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.
(a) Authority.--To support the posture of the Armed Forces in the
United States Indo-Pacific Command area of operations, the Commander of
the United States Indo-Pacific Command (in this section referred to as
the ``Commander'') may carry out unspecified minor military
construction projects not otherwise authorized by law with an approved
cost less than $15,000,000.
(b) Scope of Project Authority.--A project carried out under this
section may include--
(1) the design, construction, development, conversion,
extension, renovation, or repair of a facility, whether to satisfy
temporary or permanent requirements; and
(2) to the extent necessary, any acquisition of land subject to
the limitations on real property acquisition of chapter 159 of
title 10, United States Code.
(c) Purposes.--A project carried out under this section shall be
for the purpose of--
(1) supporting the rotational deployments of the Armed Forces;
(2) enhancing facility preparedness and military installation
resilience (as defined in section 101(e)(8) of title 10, United
States Code) in support of potential, planned, or anticipated
defense activities; or
(3) providing for prepositioning and storage of equipment and
supplies.
(d) Location of Projects.--A project carried out under this section
must be located within the area of responsibility of the United States
Indo-Pacific Command and at a military installation that includes a
main operating base, cooperative security location, forward operating
site, or contingency location for use by the Armed Forces.
(e) Available Amounts.--In carrying out a project under this
section, the Commander may use amounts appropriated for--
(1) the INDOPACOM Military Construction Pilot Program fund (as
specified in the funding table in section 4601); and
(2) operation and maintenance, not to exceed 200 percent of the
amount specified in section 2805(c) of title 10, United States
Code.
(f) Notice to Congress.--
(1) In general.--If the Commander decides to carry out a
project under this section with a cost exceeding $2,000,000, the
Commander shall submit a written notification to the congressional
defense committees of that decision.
(2) Relevant details.--A notice under paragraph (1) with
respect to a project shall include relevant details and
justification of the project, including the estimated cost, and may
include a classified annex.
(3) Timing.--A project under this section covered by paragraph
(1) may not be carried out until the end of the 14-day period
beginning on the date of receipt of the notification under such
paragraph by the congressional defense committees.
(g) Project Execution.--
(1) Project supervision.--Subsections (a) and (b) of section
2851 of title 10, United States Code, shall not apply to projects
carried out by the Commander under this section.
(2) Application of chapter 169 of title 10, united states
code.--When exercising the authority under subsection (a), the
Commander shall, for purposes of chapter 169 of title 10, United
States Code, be considered the Secretary concerned.
(h) Annual Report.--Not later than December 31, 2024, and annually
thereafter until the termination date in subsection (i), the Commander
shall submit to the congressional defense committees a report
containing a list of projects funded, lessons learned, and, subject to
the concurrence of the Secretary of Defense, recommended adjustments to
the authority under this section for the most recently ended fiscal
year covered by the report.
(i) Termination.--The authority to carry out a project under this
section expires on March 31, 2029.
SEC. 2811. AUTHORITY TO CONDUCT ENERGY RESILIENCE AND CONSERVATION
PROJECTS AT INSTALLATIONS AT WHICH CERTAIN ENERGY PROJECTS HAVE
OCCURRED.
(a) In General.--Subsection (k) of section 2688 of title 10, United
States Code, is amended to read as follows:
``(k) Improvement of Conveyed Utility System.--(1) In the case of a
utility system that has been conveyed under this section and that only
provides utility services to a military installation, the Secretary of
Defense or the Secretary of a military department may authorize a
contract on a sole source basis with the conveyee of the utility system
to carry out a military construction project as authorized and
appropriated for by law for an infrastructure improvement that enhances
the reliability, resilience, efficiency, physical security, or
cybersecurity of the utility system.
``(2) The Secretary of Defense or the Secretary of a military
department may convey under subsection (j) any infrastructure
constructed under paragraph (1) that is in addition to the utility
system conveyed under such paragraph.''.
(b) Department of Defense Infrastructure Resilience and
Readiness.--
(1) Authority.--The Secretary of Defense and the Secretary of
the military department concerned may utilize existing areawide
contracts to procure utility services from a utility service
supplier--
(A) to support installation energy resilience and mission
readiness;
(B) for the protection of critical infrastructure of the
Department of Defense located at a military installation; and
(C) to achieve energy resilience at military installations
through implementation of utility system infrastructure
projects, to include facilities sustainment, restoration, and
modernization of such infrastructure.
(2) Sunset.--The authority under this subsection shall
terminate on September 30, 2032.
(3) Definitions.--In this section:
(A) Areawide contract.--The term ``areawide contract''
means a contract entered into between the General Services
Administration and a utility service supplier under section 501
of title 40, United States Code, to procure the utility service
needs of Federal agencies within the franchise territory of the
supplier.
(B) Energy resilience.--The term ``energy resilience'' has
the meaning given the term in section 101(e) of title 10,
United States Code.
(C) Franchise territory.--The term ``franchise territory''
means a geographical area that a utility service supplier has a
right to serve based upon a franchise granted by an independent
regulatory body, a certificate of public convenience and
necessity, or other legal means.
(D) Utility service.--The term ``utility service''--
(i) means a utility or service described in section
2872a(b) of title 10, United States Code;
(ii) includes the services supplied by a utility
service supplier described in an areawide contract such as
connection, change, disconnection, continue service, line
extension, alteration or relocation, metering, and special
facilities, including primary generation, backup
generation, microgrid controls, charging capabilities, and
any supporting infrastructure; and
(iii) includes ancillary services, including total
maintenance and repair, major restoration and repair,
studies, and any other services, as appropriate.
(E) Utility service supplier.--The term ``utility service
supplier'' means an entity that supplies a utility service.
(F) Utility system.--The term ``utility system'' has the
meaning given the term in subsections (i)(1)(A) and (i)(2)(A)
of section 2688 of title 10, United States Code.
Subtitle B--Military Housing Reforms
SEC. 2821. ESTABLISHMENT OF THE MILITARY FAMILY READINESS WORKING GROUP
FOR MILITARY HOUSING.
(a) In General.--Subsection (e) of section 1781a of title 10,
United States Code, is amended to read as follows:
``(e) Military Family Readiness Working Group for Military
Housing.--
``(1) There is in the Council the Military Family Readiness
Working Group for Military Housing (in this section referred to as
the `Housing Working Group').
``(2)(A) The Housing Working Group shall be composed of the
following members:
``(i) The Assistant Secretary of Defense for Energy,
Installations, and Environment, who shall serve as chair of the
Housing Working Group on a nondelegable basis.
``(ii) One representative of each of the Army, Navy, Air
Force, Marine Corps, and Space Force--
``(I) each of whom shall be a member of the armed force
to be represented; and
``(II) not fewer than two of whom shall be enlisted
members.
``(iii) One spouse of a member of each of the Army, Navy,
Air Force, Marine Corps, and Space Force on active duty, not
fewer than two of which shall be the spouse of an enlisted
member.
``(iv) One commander or senior official of a military
installation from each military department with responsibility
for the public works or civil engineering systems of such
installation.
``(v) One individual appointed by the Secretary of Defense
among representatives of a voluntary consensus standards body
that develops personnel certification standards for building
maintenance, inspections, or restoration.
``(vi) The Director of the Office of Military Family
Readiness Policy.
``(B) The term of Housing Working Group members specified under
clauses (ii) through (v) of subparagraph (A) shall be two years and
may be renewed by the Secretary of Defense.
``(C) The chair of the Housing Working Group shall extend an
invitation to all landlords for one representative of each landlord
to attend such meetings of the Housing Working Group as the chair
considers appropriate but at a minimum of once per year.
``(3) The Housing Working Group shall meet at least two times
each year.
``(4) The duties of the Housing Working Group shall include the
following:
``(A) To review and make recommendations to the Secretary
of Defense on policies for covered military housing, including
inspections practices and resident surveys.
``(B) To make recommendations to the Secretary of Defense
to improve--
``(i) awareness and promotion of accurate and timely
information about covered military housing, accommodations
available through the Exceptional Family Member Program of
the Department, and other support services; and
``(ii) collaboration among policymakers, providers of
such accommodations and other support services, and
targeted beneficiaries of such accommodations and other
support services.
``(5) In this subsection:
``(A) The term `landlord' has the meaning given that term
in section 2871 of this title.
``(B) The term `covered military housing' means housing
acquired or constructed pursuant to subchapter IV of chapter
169 of this title that is owned by an entity other than the
Federal Government.''.
(b) Annual Reports.--
(1) In general.--Not later than July 1, 2024, and annually
thereafter until July 1, 2029, the Department of Defense Military
Family Readiness Council (established under section 1781a of title
10, United States Code) shall submit to the Secretary of Defense
and the congressional defense committees a report on military
family readiness.
(2) Contents.--Each report under this subsection shall include
the following:
(A) An assessment of the adequacy and effectiveness of the
military family readiness programs and activities of the
Department of Defense during the fiscal year preceding the date
of submission of the report in meeting the needs and
requirements of military families.
(B) Recommendations on actions to be taken to improve the
capability of the military family readiness programs and
activities of the Department of Defense to meet the needs and
requirements of military families, including actions relating
to the allocation of funding and other resources to and among
such programs and activities.
(C) A report on the activities of the Military Family
Readiness Working Group for Military Housing (established under
subsection (e) of such section 1781a, as amended by this
section) during the year covered by the report.
(c) Conforming Amendment.--Paragraph (31) of section 1061(c) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 111 note) is repealed.
SEC. 2822. IMPROVEMENTS TO PRIVATIZED MILITARY HOUSING.
(a) Inclusion of Information on Compliance With Tenant Bill of
Rights in Notice of Lease Extension.--Section 2878(f)(2) of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(E) An assessment of compliance by the lessor with the
Military Housing Privatization Initiative Tenant Bill of Rights
developed under section 2890 of this title.''.
(b) Modification of Authority to Investigate Reprisals.--Subsection
(e) of section 2890 of such title is amended--
(1) in paragraph (1)--
(A) by striking ``Assistant Secretary of Defense for
Sustainment'' and inserting ``Inspector General of the
Department of Defense''; and
(B) by striking ``member of the armed forces'' and
inserting ``tenant'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``Assistant Secretary of Defense for
Sustainment'' and inserting ``Inspector General'';
(ii) by striking ``member of the armed forces'' and
inserting ``tenant''; and
(iii) by striking ``Assistant Secretary'' and inserting
``Inspector General''; and
(B) in subparagraph (B), by striking ``Assistant
Secretary'' and inserting ``Inspector General''; and
(3) in paragraph (3)--
(A) by striking ``Assistant Secretary of Defense for
Sustainment'' and inserting ``Inspector General of the
Department of Defense''; and
(B) by striking ``Secretary of the military department
concerned'' and inserting ``Inspector General of the military
department concerned''.
(c) Limitation on Housing Enhancement Payments.--Section 606(a)(2)
of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. 2871 note) is amended--
(1) in subparagraph (A)--
(A) by striking ``Each month'' and inserting ``Except as
provided in subparagraph (D), each month''; and
(B) by striking ``one of more'' and inserting ``one or
more''; and
(2) by adding at the end the following new subparagraph:
``(D) Limitation on payment.--
``(i) In general.--Subject to clause (ii), the
Secretary of a military department may not make a payment
under subparagraph (A) to a lessor unless the Assistant
Secretary of Defense for Energy, Installations, and
Environment determines the lessor is in compliance with the
Military Housing Privatization Initiative Tenant Bill of
Rights developed under section 2890 of title 10, United
States Code.
``(ii) Application.--The limitation under clause (i)
shall apply to any payment under a housing agreement
entered into on or after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2024 by
the Secretary of a military department with a lessor.''.
SEC. 2823. NOTIFICATION RELATING TO LEGAL COUNSEL FOR NONDISCLOSURE
AGREEMENTS.
Section 2890(f) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) A party presenting a proposed nondisclosure agreement to
a tenant shall notify such tenant that such tenant may, not later
than 10 business days after such presentation, seek legal counsel
with respect to the terms of and implications of entering into such
agreement. A tenant may not be required to sign such agreement
before the end of such 10-day period.''.
SEC. 2824. INCLUSION OF QUESTIONS REGARDING MILITARY HOUSING FOR
MEMBERS OF THE ARMED FORCES IN STATUS OF FORCES SURVEY.
The Secretary of Defense shall include, at a minimum, in each
status of forces survey of the Department of Defense conducted on or
after the date of the enactment of this Act questions specifically
relating to the following:
(1) Overall satisfaction with current military housing of
members of the Armed Forces.
(2) Satisfaction of such members with the physical condition of
such military housing.
(3) Satisfaction of such members with the affordability of such
military housing.
(4) Whether such military housing of such members has impacted
any decision of such a member related to reenlistment in the Armed
Forces.
SEC. 2825. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS
RELATING TO STRENGTHENING OVERSIGHT OF PRIVATIZED MILITARY HOUSING.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall implement each
recommendation of the Comptroller General of the United States
contained in the report titled ``DOD Can Further Strengthen Oversight
of Its Privatized Housing Program'' (GAO-23-105377), dated April 6,
2023, and reissued with revisions on April 20, 2023.
(b) Non-implementation Reporting Requirement.--If the Secretary
elects not to implement any such recommendation, the Secretary shall,
not later than one year after the date of the enactment of this Act,
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report that includes a justification for such
election.
Subtitle C--Covered Military Unaccompanied Housing Reforms
SEC. 2831. DESIGN STANDARDS FOR COVERED MILITARY UNACCOMPANIED HOUSING.
(a) Uniform Standards for Floor Space and Number of Members
Allowed.--
(1) In general.--Section 2856 of title 10, United States Code,
is amended--
(A) in the section heading, by striking ``local
comparability of floor areas'' and inserting ``standards'';
(B) by striking ``In'' and inserting ``(a) Local
Comparability in Floor Areas.--In'';
(C) in subsection (a), as designated by subparagraph (B)--
(i) by inserting ``, except for purposes of meeting
minimum area requirements under subsection (b)(1)(A),''
after ``in that locality''; and
(ii) by inserting ``covered'' before ``military
unaccompanied housing''; and
(D) by adding at the end the following new subsections:
``(b) Floor Space and Number of Members Allowed.--In the design and
configuration of covered military unaccompanied housing, the Secretary
of Defense shall establish uniform design standards that--
``(1) provide a minimum area of floor space, not including
bathrooms or closets, per individual occupying a unit of covered
military unaccompanied housing;
``(2) ensure that not more than two individuals may occupy such
a unit; and
``(3) provide definitions and measures that specify--
``(A) criteria of design;
``(B) quality of construction material to be used; and
``(C) levels of maintenance to be required.
``(c) Covered Military Unaccompanied Housing.--For purposes of this
section, section 2856a, and section 2856b, the term `covered military
unaccompanied housing' means Government-owned military housing intended
to be occupied by members of the armed forces serving a tour of duty
unaccompanied by dependents.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter III of chapter 169 of title 10, United States Code,
is amended by amending the item relating to section 2856 to read as
follows:
``2856. Covered military unaccompanied housing: design standards.''.
(b) Completion and Issuance of Uniform Design Standards.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall--
(1) ensure that the uniform design standards required under
section 2856(b)(1) of title 10, United States Code, as added by
subsection (a)(1)(D), are completed, issued, and submitted to the
congressional defense committees; or
(2) submit to the congressional defense committees a report--
(A) explaining in detail why such standards are not
completed and issued;
(B) indicating when such standards are expected to be
completed and issued; and
(C) specifying the names of the personnel responsible for
the failure to complete and issue such standards.
(c) Compliance With Uniform Design Standards.--
(1) In general.--Not later than two years after the date of the
enactment of this Act, the Secretary of each military department
shall ensure that all covered military unaccompanied housing
located on a military installation under the jurisdiction of such
Secretary complies with the uniform standards established under
section 2856(b)(1) of title 10, United States Code, as added by
subsection (a)(1)(D).
(2) No waiver.--The requirement under paragraph (1) may not be
waived.
(3) Covered military unaccompanied housing defined.--In this
subsection, the term ``covered military unaccompanied housing'' has
the meaning given in section 2856 of title 10, United States Code
(as amended by subsection (a)).
(d) Certification of Budget Requirements.--The Under Secretary of
Defense (Comptroller) shall include with the submission of the budget
of the President to Congress pursuant to section 1105 of title 31,
United States Code, for fiscal years 2025 through 2029 a signed
certification that the Secretary of Defense and each Secretary of a
military department has requested sufficient funds to comply with this
section and the amendments made by this section.
SEC. 2832. ESTABLISHMENT OF STANDARDS FOR HABITABILITY OF COVERED
MILITARY UNACCOMPANIED HOUSING.
(a) Establishment.--Subchapter III of title 10, United States Code,
(as amended by section 2833) is further amended by inserting after
section 2856a (as added by such section) the following new section:
``Sec. 2856b. Covered military unaccompanied housing: standards for
habitability
``(a) Standards Required.--For the purposes of assigning a member
of the armed forces to a unit of covered military unaccompanied
housing, the Secretary of Defense shall establish uniform minimum
standards for covered military unaccompanied housing, that shall
include minimum requirements for--
``(1) condition;
``(2) habitability, health, and environmental comfort;
``(3) safety and security; and
``(4) any other element the Secretary of Defense determines
appropriate.
``(b) Limitation on Issuance of Waivers.--Any waiver of a uniform
standard described in subsection (a) may only be issued by a Secretary
of a military department.''.
(b) Guidance.--Not later than 30 days after the date on which the
Secretary of Defense develops the uniform standards under section 2856b
of title 10, United States Code (as added by subsection (a)), the
Secretary of Defense shall issue to each Secretary of a military
department guidance on such uniform standards.
SEC. 2833. MODIFICATION OF PROCEDURES FOR ISSUANCE OF WAIVERS OF
COVERED PRIVACY AND CONFIGURATION STANDARDS; TEMPORARY BIANNUAL
BRIEFING.
(a) Termination of Existing Waivers of Covered Privacy and
Configuration Standards.--Any waiver of covered privacy and
configuration standards in effect on or before the date of the
enactment of this Act shall terminate on March 1, 2024.
(b) Waivers of Covered Privacy and Configuration Standards.--
Subchapter III of title 10, United States Code, is amended by inserting
after section 2856 the following new section:
``Sec. 2856a. Covered military unaccompanied housing: waivers of
covered privacy and configuration standards
``(a) Procedures for Issuance of Certain Waivers.--Effective March
2, 2024, any waiver of covered privacy and configuration standards
shall be issued in accordance with the following:
``(1) A commander of a military installation desiring a waiver
of covered habitability standards shall submit to the Secretary of
the military department concerned a request for such waiver.
``(2) A Secretary of a military department may approve a
request under subparagraph (A) only if such Secretary has exhausted
all options available to such Secretary to provide housing that
meets covered privacy and configuration standards, including the--
``(A) use of available privately-owned military housing;
``(B) modification of unit integrity goals to allow the use
of each available unit of covered military unaccompanied
housing that meets covered privacy and configuration standards;
and
``(C) issuance of a certificate of nonavailability of
covered military unaccompanied housing to allow eligibility for
basic allowance for housing under section 403 of title 37.
``(3) An official described in paragraph (1) or (2) may not
delegate the respective authorities under such paragraphs.
``(4) Any waiver of covered privacy and configuration standards
issued pursuant to this paragraph shall terminate on the date that
is 9 months after the date on which such waiver was issued. A
Secretary of a military department may not renew any such waiver.
``(b) Annual Report on Waivers.--Not later than March 1, 2025, and
annually thereafter not later than 15 days after the submission of the
budget of the President to Congress pursuant to section 1105 of title
31, the Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate and the
Comptroller General of the United States a report on waivers issued
under this section that includes--
``(1) the number of such waivers that were issued during the
period covered by the report;
``(2) a plan to remedy the deficiencies, if any, of covered
military unaccompanied housing that required the issuance of such a
waiver;
``(3) a strategy to remedy issues, if any, caused by covered
military unaccompanied housing that did not comply with such
uniform standards;
``(4) a strategy to remedy the factors, if any, that require a
commander of a military installation to submit to the applicable
Secretary of a military department a request for consecutive
waivers of such uniform standards, including a timeline for the
implementation of such strategy; and
``(5) an analysis of strategies to remedy the factors described
in paragraph (4), including--
``(A) projects to modernize existing covered military
unaccompanied housing to comply with such uniform standards;
``(B) projects to construct new covered military
unaccompanied housing; and
``(C) modifications to relevant policies of the Department
of Defense, excluding such policies relating to infrastructure.
``(c) Covered Privacy and Configuration Standard Defined.--In this
section, the term `covered privacy and configuration standard' means
the minimum standards for privacy and configuration applicable to
covered military unaccompanied housing described in Department of
Defense Manual 4165.63 titled `DoD Housing Management' and dated
October 28, 2010 (or a successor document).''.
(c) Temporary Biannual Briefing on Waivers; Limitations on
Availability of Funds.--
(1) Briefings.--Not later than 30 days after the submission of
the budget of the President to Congress pursuant to section 1105 of
title 31, United States Code, and on a biannual basis thereafter
until the date that is two years after the date of the enactment of
this Act, each Secretary of a military department shall provide to
the congressional defense committees a briefing on waivers of
covered privacy and configuration standards pursuant to section
2856a of title 10, United States Code, for covered military
unaccompanied housing under the jurisdiction of that Secretary that
includes--
(A) the number, disaggregated by military installation, of
waivers in effect as of the date of such briefing relating to
occupancy;
(B) a list of each waiver described in subparagraph (A)
that includes--
(i) an identification of the official who approved each
such waiver;
(ii) a description of the military necessity underlying
each such waiver; and
(iii) a statement of the period each such waiver is
effective; and
(C) an identification of the number of members of the Armed
Forces that reside in covered military unaccompanied housing
subject to a waiver described in such subparagraph.
(2) Limitations.--
(A) Operations and maintenance, army.--Of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal 2024 for Administration and Service-wide
Activities, operations and maintenance, Army, not more than 75
percent may be obligated or expended until the Secretary of the
Army provides the first respective briefing described in
paragraph (1).
(B) Operations and maintenance, navy.--Of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal 2024 for Administration and Service-wide
Activities, operations and maintenance, Navy, not more than 75
percent may be obligated or expended until the Secretary of the
Navy provides the first respective briefing described in such
paragraph.
(C) Operations and maintenance, air force.--Of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal 2024 for Administration and Service-wide
Activities, operations and maintenance, Air Force, not more
than 75 percent may be obligated or expended until the
Secretary of the Air Force provides the first respective
briefing described in such paragraph.
(d) Revisions to Rules, Guidance, or Other Issuances.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of Defense and Secretaries of the military departments shall
revise any rule, guidance, or other issuance of the Department of
Defense and the military departments under the respective jurisdictions
of such Secretaries to include the procedures for the issuance of
waivers of covered privacy and configuration standards pursuant to
section 2856a of title 10, United States Code (as added by subsection
(a)).
(e) Comptroller General Briefing.--Not later than 60 days after the
date of the submission of the plan described in subsection (b)(2) of
section 2856a of title 10, United States Code (as added by subsection
(a)), contained in the first report required under such subsection, the
Comptroller General of the United States shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing that includes--
(1) an analysis on the ability of each military department to
execute such plan; and
(2) recommendations, if any, of the Comptroller General with
respect to modifications of such plan.
(f) Covered Privacy and Configuration Standard.--The term ``covered
privacy and configuration standard'' has the meaning given in section
2856a of title 10, United States Code (as added by subsection (a)).
SEC. 2834. CERTIFICATION OF HABITABILITY OF COVERED MILITARY
UNACCOMPANIED HOUSING.
Section 2856b of title 10, United States Code (as added by section
2832) is amended by adding at the end the following new subsection:
``(c) Certification.--The Secretary of Defense shall include, in
conjunction with the submission of the budget of the President to
Congress pursuant to section 1105 of title 31, a certification from
each Secretary of a military department to the congressional defense
committees that the cost for all needed repairs and improvements for
each occupied covered military unaccompanied housing facility under the
jurisdiction of such Secretary does not exceed 20 percent of the
replacement cost of such facility, as mandated by Department of Defense
Manual 4165.63 titled `DoD Housing Management' and dated October 28,
2010 (or a successor document).''.
SEC. 2835. PILOT PROGRAM FOR MILITARY CONSTRUCTION PROJECTS TO REPLACE
CERTAIN COVERED MILITARY UNACCOMPANIED HOUSING FACILITIES.
(a) In General.--Each Secretary of a military department may carry
out a pilot program under which each such Secretary administers a
military construction project, not otherwise authorized by law, to
replace a covered military unaccompanied housing facility--
(1) that such Secretary determines is not in compliance with
the uniform standards for covered military unaccompanied housing
under section 2856b of title 10, United States Code (as added by
section 2832); and
(2) for which the total cost of a repair project to bring such
covered military unaccompanied facility into compliance with such
uniform standards exceeds 75 percent of the total cost of such a
military construction project.
(b) Facility Requirements.--A facility constructed pursuant to a
military construction project under a pilot program under subsection
(a)--
(1) with respect to the covered military unaccompanied housing
facility such facility replaces--
(A) may not have a capacity to house more members of the
Armed Forces;
(B) shall be designed and utilized for the same purpose;
and
(C) shall be located on the same military installation; and
(2) shall be designed to meet, at a minimum, standards for
construction, utilization, and force protection.
(c) Nondelegation.--For the purposes of carrying out a military
construction project under a pilot program under subsection (a), the
authority of a Secretary of a military department to determine whether
a covered military unaccompanied housing facility is in substandard
condition may not be delegated.
(d) Source of Funds.--A Secretary of a military department may
spend amounts available to such Secretary for operation and maintenance
or unspecified military construction to carry out this section.
(e) Congressional Notification.--With respect to a military
construction project proposed to be carried out under a pilot program
under subsection (a) with an estimated cost in excess of $10,000,000,
the Secretary of the military department concerned shall submit to the
appropriate committees of Congress a report that includes--
(1) a justification for such military construction project;
(2) an estimate of the total cost of such military construction
project; and
(3) a description of the elements of military construction,
including the elements specified in section 2802(b) of title 10,
United States Code, incorporated into such military construction
project.
(f) Sunset.--The authority to carry out a pilot program pursuant to
subsection (a) shall terminate on the date that is five years after the
date of the enactment of this Act.
(g) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' has the
meaning given such term in section 2801 of title 10, United States
Code.
(2) The term ``covered military unaccompanied housing'' has the
meaning given such term in section 2856 of such title (as amended
by section 2831).
SEC. 2836. ESTABLISHMENT OF CIVILIAN EMPLOYEES FOR OVERSIGHT OF COVERED
MILITARY UNACCOMPANIED HOUSING.
(a) Establishment Civilian Employees.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act and subject to paragraph (3), the Secretary
of Defense shall issue regulations to require each Secretary of a
military department to establish a civilian employee at the housing
office of each military installation under the respective
jurisdiction of each such Secretary to be responsible for oversight
of covered military unaccompanied housing at that military
installation. Such civilian employee shall be an employee of--
(A) the Department of Defense; or
(B) the military department concerned.
(2) Supervisory chain.--Each civilian employee described in
paragraph (1) and member of the Armed Forces described in paragraph
(3) shall report to an appropriate supervisory civilian employee at
the housing office for the applicable military installation.
(3) Exception.--The requirement under the regulations issued
pursuant to paragraph (1) shall not apply with respect to military
installations at which oversight of covered military unaccompanied
housing is performed by a member of the Armed Forces with an
occupational specialty that defines the primary duty of such member
as a barracks manager or an equivalent occupation.
(b) Limitation on Role by Members of the Armed Forces; Position
Designation.--
(1) Limitation.--The Secretary of Defense and the Secretaries
of the military departments concerned may not allow an enlisted
member of the Armed Forces or commissioned officer to, as a
collateral duty, be designated as a barracks manager or supervisor
overseeing, managing, accepting, or compiling maintenance records
for any covered military unaccompanied housing at the applicable
military installation.
(2) Designation.--Except as provided in paragraph (3) of
subsection (a), the functions of a barracks manager or supervisor
described in paragraph (1) shall be completed by a civilian
employee described in paragraph (1) of such subsection.
(c) Definitions.--In this section:
(1) The term ``covered military unaccompanied housing'' has the
meaning given such term in section 2856 of title 10, United States
Code (as amended by section 2831).
(2) The term ``military installation'' has the meaning given
such term in section 2801 of such title.
SEC. 2837. MAINTENANCE WORK ORDER MANAGEMENT PROCESS FOR COVERED
MILITARY UNACCOMPANIED HOUSING.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall issue rules to
establish for each military department a process associated with
maintenance work order management for covered military unaccompanied
housing under the jurisdiction of such military department that is--
(1) in existence on or before the date of the enactment of this
Act; or
(2) constructed or used on or after such date of enactment.
(b) Use of Process.--The processes required under subsection (a)
shall include clearly defined requirements for effective and timely
maintenance work order management, including requirements with respect
to--
(1) quality assurance for maintenance completed;
(2) communication of maintenance progress and resolution with
individuals responsible for the management of the covered military
unaccompanied housing and the residents of such housing; and
(3) standardized performance metrics, such as the timeliness of
completion of maintenance work orders.
(c) Administration.--The Secretary of each military department
shall administer the process for maintenance work order management
required under subsection (a) for the military department under the
jurisdiction of such Secretary and shall issue or update relevant
guidance as necessary.
(d) Covered Military Unaccompanied Housing Defined.--In this
section, the term ``covered military unaccompanied housing'' has the
meaning given in section 2856 of title 10, United States Code (as
amended by section 2831).
SEC. 2838. UNIFORM INDEX FOR EVALUATING THE CONDITION OF COVERED
MILITARY UNACCOMPANIED HOUSING FACILITIES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Assistant Secretary of Defense for Energy, Installations, and
Environment, shall establish a uniform index for evaluating the
condition of covered military unaccompanied housing facilities--
(1) that exist as of the date of the enactment of this Act; and
(2) that are constructed or used on or after such date.
(b) Completion of Index.--Not later than 6 months after the date of
the enactment of this Act, each Secretary of a military department
shall apply the uniform index established under subsection (a) to
evaluate the condition of each military installation under the
jurisdiction of each such Secretary.
(c) Definitions.--In this section:
(1) The term ``covered military unaccompanied housing'' has the
meaning given in section 2856 of title 10, United States Code (as
amended by section 2831).
(2) The term ``military department'' has the meaning given in
section 101 of such title.
(3) The term ``military installation'' has the meaning given in
section 2801 of such title.
SEC. 2839. ANNUAL REPORTS ON THE CONDITION OF COVERED MILITARY
UNACCOMPANIED HOUSING.
(a) Report Required.--Along with the submission of the budget of
the President to Congress pursuant to section 1105 of title 31, United
States Code, for fiscal year 2025, and annually thereafter for the
subsequent four years, each Secretary of a military department shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the condition of covered military
unaccompanied housing facilities using the uniform index described in
section 2838 of this Act.
(b) Elements.--Each report required under subsection (a) shall
include the following:
(1) A list of the condition of each such covered military
unaccompanied housing facility located on each military
installation under the jurisdiction of the Secretary of the
military department concerned.
(2) For such facilities in poor or failing condition--
(A) the percentage of repair costs as compared to the total
replacement cost for each such facility;
(B) the funding required to conduct all needed repairs and
improvements at each such facility; and
(C) the five-year plan for addressing conditions at such
facility.
(3) For such facilities in good and fair condition, the five-
year plan for sustainment to ensure that each such facility does
not fall to poor or failing condition.
(4) Any other information determined appropriate by the
Secretary of the military department concerned.
(c) Definitions.--In this section:
(1) The term ``covered military unaccompanied housing'' has the
meaning given in section 2856 of title 10, United States Code (as
amended by section 2831).
(2) The term ``military department'' has the meaning given in
section 101 of such title.
(3) The term ``military installation'' has the meaning given in
section 2801 of such title.
(d) Amendment to Briefings on MHPI Housing Projects.--Section
606(a)(4) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1795; 10 U.S.C. 2871
note) is amended by striking ``the Secretary of Defense'' and inserting
``each Secretary of a military department''.
(e) Amendment to Submissions on Housing Documents.--Section 2890(d)
of title 10, United States Code, is amended--
(1) by striking ``the Secretary of Defense'' each place it
appears and inserting ``each Secretary of a military department'';
and
(2) by striking ``the Department of Defense'' and inserting
``the military department under the jurisdiction of such
Secretary''.
SEC. 2840. SUBMISSION OF TEMPORARY HOUSING SUPPORT CERTIFICATION TO
MEMBERS OF CONGRESS.
Section 2815 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 2556 note) is amended by
adding at the end the following new sentence: ``Upon granting such
certification, the Secretary of Defense shall notify each Member of
Congress representing the area in which such facility is located of
such grant of certification.''
SEC. 2841. ELIMINATION OF FLEXIBILITIES FOR CONSTRUCTION STANDARDS FOR
COVERED MILITARY UNACCOMPANIED HOUSING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and each Secretary of a
military department shall modify all directives, instructions, manuals,
regulations, policies, and other guidance and issuances of the
Department of Defense or appropriate military department to eliminate
the grant of any flexibilities to the standards for construction of new
covered military unaccompanied housing.
(b) Matters Included.--The requirement under subsection (a) shall
include modifications that remove the flexibility provided to the
military departments with respect to new construction standards for
covered military unaccompanied housing, including modification of the
Department of Defense Manual 4165.63 titled ``DoD Housing Management''
and dated October 28, 2010 (or a successor document).
(c) Covered Military Unaccompanied Housing Defined.--In this
section, the term ``covered military unaccompanied housing'' has the
meaning given in section 2856 of title 10, United States Code (as
amended by section 2831).
Subtitle D--Real Property and Facilities Administration
SEC. 2851. GUIDANCE ON DEPARTMENT OF DEFENSE-WIDE STANDARDS FOR ACCESS
TO MILITARY INSTALLATIONS.
(a) Interim Guidance.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall issue interim
guidance to the appropriate official or officials within the Department
of Defense for purposes of establishing final standards of the
Department of Defense for determining the fitness of individuals for
access to military installations, which shall include modifying volume
3 of the Department of Defense Manual 5200.08 titled ``Physical
Security Program: Access to DoD Installations'' (dated January 2, 2019)
or any comparable or successor policy guidance document.
(b) Final Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue final
guidance relating to the standards described in subsection (a).
(c) Briefing.--Not later than 60 days after issuing the interim
guidance required under subsection (a), the Secretary of Defense shall
brief the Committees on Armed Services of the Senate and the House of
Representatives on such guidance, which shall include a timeline for
the issuance of such final guidance.
SEC. 2852. AUTHORITY TO MAKE GRANTS FOR SECURITY AND FIRE PROTECTION
FOR FORMER ARMY AND NAVY GENERAL HOSPITAL, HOT SPRINGS NATIONAL PARK,
HOT SPRINGS, ARKANSAS; BRIEFING.
(a) Grant Authority.--The Secretary of Defense, acting through the
Director of the Office of Local Defense Community Cooperation, may make
a grant (including a supplemental grant) or enter into a cooperative
agreement under section 2391 of title 10, United States Code, to assist
the State of Arkansas provide security services and fire protection
services for the covered property.
(b) Briefing Required.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Army shall provide to
the congressional defense committees a briefing that includes--
(1) a summary of the coordination among affected stakeholders
during the period covered by the briefing, including--
(A) the Administrator of the General Services
Administration;
(B) the National Park Service;
(C) the Governor of Arkansas;
(D) the Mayor of Hot Springs, Arkansas; and
(E) the State Historic Preservation Officer for the State
of Arkansas;
(2) a summary of--
(A) any environmental investigations conducted at the
covered property as of the date of the enactment of this Act;
(B) the response actions required under any such
environmental investigation;
(C) an identification of potentially responsible parties,
if any, for any hazardous substance identified under an
environmental investigation described in subparagraph (A); and
(D) an estimate of the cost to complete environmental
restoration at the covered property;
(3) an estimation of the total cost to--
(A) stabilize each structure on the covered property; and
(B) demolish each such structure; and
(4) an assessment of necessary steps for the covered property
to be eligible for a grant under the Arkansas Brownfields Program
and recommendations with respect to such steps.
(c) Authorization of Appropriations.--The Secretary of Defense may
obligate or expend not more than $2,750,000 of the funds authorized to
be appropriated in section 4301 for the Office of Local Defense
Community Operation to carry out subsection (a).
(d) Covered Property Defined.--In this section, the term ``covered
property'' means the approximately twenty-one acres, more or less, of
land located at Hot Springs National Park, Arkansas, which comprise
facilities previously occupied by the Army and Navy General Hospital
conveyed by quitclaim deed to the State of Arkansas pursuant to the Act
of September 21, 1959.
SEC. 2853. PLAN AND REPORT ON CRITICAL INFRASTRUCTURE SYSTEMS AT
MILITARY INSTALLATIONS.
(a) Plan.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense, in coordination with each
Secretary of a military department, shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a plan to
implement a standardized system to measure and report on the condition
and performance of, the level of investment in, and any applicable
risks to critical infrastructure systems owned by the Federal
Government that--
(1) have not been privatized or transferred pursuant to a
conveyance under section 2688 of title 10, United States Code; and
(2) are located on a military installation (as defined in
section 2801 of such title).
(b) Report.--
(1) In general.--Beginning on February 1 of the year
immediately following the date on which the plan under subsection
(a) is submitted, and annually thereafter, the Secretary of
Defense, in coordination with each Secretary of a military
department, shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a consolidated report on
the condition of critical infrastructure systems owned by the
Federal Government located at military installations.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) Installation-level data for each critical
infrastructure system described in paragraph (1) that includes
the following for each such system:
(i) For the five-year period preceding the date of
submission of the report, all instances of noncompliance of
such system with any applicable Federal or State law or
regulation, including information on any prior or current
consent order or equivalent compliance agreement with any
Federal or State regulatory agency.
(ii) The year of original installation of critical
infrastructure system components, including treatment
facilities, pump stations, and storage tanks.
(iii) The average age of distribution system piping and
wiring.
(iv) The rate of system recapitalization, represented
as an annual percentage replacement rate of all critical
infrastructure system assets.
(v) For the one-year period preceding the date of
submission of the report, the percentage of key system
operational components (including fire hydrants, valves,
and backflow preventors) inspected and determined through
testing to be fully operational.
(vi) For the one-year period preceding the date of
submission of the report, the absolute number, and a
normalized measure for comparative purposes, of all
unplanned system outages.
(vii) For the one-year period preceding the date of
submission of the report, the absolute duration, and a
normalized measure for comparative purposes, of all
unplanned system outages.
(viii) For the one-year period preceding the date of
submission of the report, the absolute number, and a
normalized measure for comparative purposes, of all
critical infrastructure system main breaks and leaks.
(B) A standardized risk assessment for each military
installation, identifying the current and projected level of
risk related to the following:
(i) The ability to maintain compliance with applicable
current and proposed State regulations and standards and
applicable regulations and policies of the Department of
Defense and the military departments related to each
critical infrastructure system described in paragraph (1),
and the ability to operate critical infrastructure systems
in accordance with accepted industry standards.
(ii) The ability to maintain a consistent and compliant
supply of water for current and projected future
installation needs based on current and projected source
water availability and quality, including an assessment of
source water contamination risks for each critical
infrastructure system described in paragraph (1).
(iii) The ability of each critical infrastructure
system described in paragraph (1) to withstand severe
weather events, including drought, flooding, and
temperature fluctuations.
(iv) The ability for utility industrial controls
systems for each critical infrastructure system described
in paragraph (1) to maintain compliance with applicable
current and proposed cybersecurity standards and
regulations.
(3) Form.--A report under this subsection shall be submitted in
an unclassified form but may contain a classified annex.
(c) Critical Infrastructure System Defined.--In this section, the
term ``critical infrastructure system'' includes a transportation
infrastructure system and a utilities infrastructure system.
SEC. 2854. CLOSURE AND DISPOSAL OF THE PUEBLO CHEMICAL DEPOT, PUEBLO
COUNTY, COLORADO.
(a) In General.--The Secretary of the Army shall close Pueblo
Chemical Depot in Pueblo County, Colorado (in this section referred to
as the ``Depot''), not later than one year after the completion of the
chemical demilitarization mission in such location in accordance with
the Chemical Weapons Convention Treaty.
(b) Procedures.--The Secretary of the Army shall carry out the
closure and subsequent related property management and disposal of the
Depot, including the land, buildings, structures, infrastructure, and
associated equipment, installed equipment, material, and personal
property that comprise the Chemical Agent-Destruction Pilot Plant, in
accordance with the procedures and authorities for the closure,
management, and disposal of property under the appropriate base closure
laws (as defined in section 101 of title 10, United States Code).
(c) Office of Local Defense Community Cooperation Activities.--The
Office of Local Defense Community Cooperation of the Department of
Defense may make grants and supplement other Federal funds pursuant to
section 2391 of title 10, United States Code, to support closure and
reuse activities of the Depot.
(d) Treatment of Existing Permits.--Nothing in this section shall
be construed to prevent the removal or demolition by the Program
Executive Office, Assembled Chemical Weapons Alternatives of the
Department of the Army of existing buildings, structures,
infrastructure, and associated equipment, installed equipment,
material, and personal property of the Chemical Agent-Destruction Pilot
Plant at the Depot in accordance with the existing Hazardous Waste
Permit Number CO-20-09-02-01 under the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) (commonly known as the Resource Conservation and
Recovery Act of 1976) issued by the State of Colorado, or any
associated or follow-on permits under such Act.
(e) Relation to Procedures for Use to Assist the Homeless.--Such
land, buildings, structures, infrastructure, and associated equipment,
installed equipment, material, and personal property comprising the
Chemical Agent-Destruction Pilot Plant at the Depot is--
(1) hereby deemed unsuitable for use to assist the homeless;
and
(2) not subject to the procedures relating to the use to assist
the homeless of buildings and property at military installations
under the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
SEC. 2855. LIMITATION ON AUTHORITY TO MODIFY OR RESTRICT PUBLIC ACCESS
TO GREENBURY POINT CONSERVATION AREA AT NAVAL SUPPORT ACTIVITY
ANNAPOLIS, MARYLAND.
(a) In General.--Except as provided in subsection (b), the
Secretary of the Navy may not modify or restrict public access to the
Greenbury Point Conservation Area at Naval Support Activity Annapolis,
Maryland.
(b) Exceptions.--The limitation in subsection (a) shall not apply
to--
(1) temporary restrictions to protect public safety that are
necessitated by emergent situations, hazardous conditions,
maintenance of existing facilities, or live fire exercises; or
(2) the terms of a lease or transfer of the Greenbury Point
Conservation Area to another public entity.
SEC. 2856. AUTHORIZATION FOR THE SECRETARY OF THE NAVY TO RESOLVE THE
ELECTRICAL UTILITY OPERATIONS AT FORMER NAVAL AIR STATION BARBERS
POINT, HAWAII.
(a) In General.--The Secretary of the Navy (in this section
referred to as the ``Secretary'') may enter into an agreement with the
State of Hawaii or a third party for the purpose of resolving the
electrical utility operations at Former Naval Air Station Barbers
Point, Hawaii, also known as ``Kalaeloa''.
(b) Elements of Agreement.--An agreement entered into under
subsection (a) shall include a requirement that the Secretary--
(1) assist with--
(A) the transfer of customers of the Navy off of the
electrical utility system of the Navy at the location specified
in such subsection; and
(B) the enhancement of the surrounding electrical utility
system to accept any additional load from such transfer, with a
priority for such systems that serve downtown Kalaeloa, Hawaii,
and the Hawaii Army National Guard;
(2) provide the instantaneous peak demand analysis and design
necessary to conduct such transfer;
(3) provide rights of way and easements necessary to support
the construction of replacement electrical infrastructure; and
(4) be responsible for all environmental assessments and
remediation, and costs related to the removal and disposal, of the
electrical utility system of the Navy once it is no longer in use.
(c) Limitation on Expenditure of Amounts.--The Secretary may expend
not more than $48,000,000 during any fiscal year to provide support for
an agreement entered into under subsection (a).
(d) Notification.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than every 180 days
thereafter until the date on which an agreement described in subsection
(a) is entered into, the Secretary shall submit to the congressional
defense committees a report on progress made in developing and entering
into an agreement described in subsection (a).
(e) Repeal.--Section 2205 of the Military Construction
Authorization Act for Fiscal Year 2023 (division B of Public Law 117-
263; 136 Stat. 2977) is repealed.
SEC. 2857. INCLUSION OF MILITARY INSTALLATION RESILIENCE IN REAL
PROPERTY MANAGEMENT AND INSTALLATION MASTER PLANNING OF DEPARTMENT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) update Department of Defense Instruction 4165.70 (relating
to real property management) and Unified Facilities Criteria 2-100-
01 (relating to installation master planning) to--
(A) include a requirement to incorporate the impact of
military installation resilience in all installation master
plans;
(B) include a list of all sources of information approved
by the Department of Defense;
(C) define the 17 identified military installation
resilience hazards to ensure that the impacts from such hazards
are reported consistently across the Department;
(D) require each commander of a military installation to
address the rationale for determining that any such hazard is
not applicable to the military installation concerned;
(E) standardize reporting formats for military installation
resilience plans;
(F) establish and define standardized risk rating
categories for the use by each Secretary of a military
department; and
(G) define criteria for determining the level of risk to a
military installation to compare hazards between military
departments; and
(2) require each Secretary of a military department to update
the handbook for the military department concerned to incorporate
the requirements under paragraph (1).
SEC. 2858. MODIFICATION OF AUTHORITY TO RELOCATE JOINT SPECTRUM CENTER
TO FORT MEADE, MARYLAND.
Section 2887(a)(1) of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 569)
is amended by striking ``; and'' and inserting ``; or''.
Subtitle E--Land Conveyances
SEC. 2861. EXTENSION OF SUNSET FOR LAND CONVEYANCE, SHARPE ARMY DEPOT,
LATHROP, CALIFORNIA.
Section 2833(g) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by striking ``three years'' and inserting ``five years''.
SEC. 2862. CLARIFICATION OF AUTHORITY OF DEPARTMENT OF DEFENSE TO
CONDUCT CERTAIN MILITARY ACTIVITIES AT NEVADA TEST AND TRAINING RANGE.
(a) Specification of Authorized Military Activities.--Paragraph (1)
of section 3011(b) of the Military Lands Withdrawal Act of 1999 (title
XXX of the National Defense Authorization Act for Fiscal Year 2000;
Public Law 106-65; 113 Stat. 886) is amended--
(1) in the matter preceding subparagraph (A), by inserting ``,
subject to the conditions set forth in subsection (a) of section
3014'' after ``Secretary of the Air Force'';
(2) by striking ``and'' at the end of subparagraph (C);
(3) by redesignating subparagraph (D) as subparagraph (G); and
(4) by inserting after subparagraph (C) the following new
subparagraphs:
``(D) for emergency response;
``(E) for the establishment and use of existing or new
electronic tracking and communications sites, including the
construction of up to 15 equipment pads, no larger than 150-by-
150 feet in size, along existing roads to allow placement and
operation of threat emitters;
``(F) for the use and maintenance of roads in existence as
of January 1, 2024, to allow access to threat emitters and
repeaters for installation, maintenance, and periodic
relocation; and''.
(b) Interagency Committee.--Section 3011(b)(5)(G) of the Military
Lands Withdrawal Act of 1999 (title XXX of the National Defense
Authorization Act for Fiscal Year 2000; Public Law 106-65) is amended--
(1) by amending clause (i) to read as follows:
``(i) In general.--The Secretary of the Interior and
the Secretary of the Air Force shall jointly establish an
interagency committee (referred to in this subparagraph as
the `interagency committee') to--
``(I) facilitate coordination, manage public access
needs and requirements, and minimize potential conflict
between the Department of the Interior and the
Department of the Air Force with respect to joint
operating areas within the Desert National Wildlife
Refuge; and
``(II) discuss the activities authorized in
paragraph (1) and provide input to the United States
Fish and Wildlife Service and the Department of the Air
Force when assessing whether these activities may be
conducted on the joint operating areas within the
Desert National Wildlife Refuge that are under the
primary jurisdiction of the Secretary of the Interior
in a manner that is consistent with the National
Wildlife Refuge System Administration Act (16 U.S.C.
668dd et seq.) and other applicable law.''; and
(2) in clause (ii)--
(A) by inserting ``, including a designee of the Director
of the United States Fish and Wildlife Service'' before the
period at the end of subclause (I); and
(B) by inserting ``, including a designee of the Assistant
Secretary of the Air Force for Energy, Installations, and
Environment'' before the period at the end of subclause (II).
(c) Additional Purpose of Intergovernmental Executive Committee.--
Section 3011(b)(5)(H)(ii) of the Military Lands Withdrawal Act of 1999
(title XXX of the National Defense Authorization Act for Fiscal Year
2000; Public Law 106-65) is amended--
(1) by striking ``and'' at the end of subclause (I);
(2) by striking the period at the end of subclause (II) and
inserting ``; and''; and
(3) by adding at the end the following new subclause:
``(III) discussing and making recommendations to
the interagency committee established under
subparagraph (G) with respect to any proposal by the
Secretary of the Air Force to undertake any of the
activities authorized in paragraph (1) on the joint
operating areas within the Desert National Wildlife
Refuge.''.
(d) Completion of Interagency Memorandum of Understanding.--
(1) Deadline.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Air Force and the
Secretary of the Interior shall--
(A) enter into a complete new operational memorandum of
understanding under paragraph (5)(E) of section 3011(b) of the
Military Lands Withdrawal Act of 1999 (title XXX of the
National Defense Authorization Act for Fiscal Year 2000; Public
Law 106-65); or
(B) amend the current memorandum of understanding in effect
under that paragraph that will complete the memorandum of
understanding.
(2) Access to joint use area for fish and wildlife service.--
The memorandum of understanding entered into or amended under
paragraph (1) shall include one or more provisions to ensure
adequate access for the United States Fish and Wildlife Service to
the joint use area.
(e) Bureau of Land Management and State of Nevada Cooperative
Agreement.--Not later than 180 days after the date of enactment of this
Act, the Secretary of the Interior shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that describes the
status of the cooperative agreement authorized under section 2905(j)(6)
of the James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263; 136 Stat. 3043).
SEC. 2863. EXTENSIONS, ADDITIONS, AND REVISIONS TO THE MILITARY LANDS
WITHDRAWAL ACT OF 1999 RELATING TO THE BARRY M. GOLDWATER RANGE,
ARIZONA.
(a) Extension of Withdrawal and Gila Bend Addition to Barry M.
Goldwater Range.--Section 3031(a)(3) of the Military Lands Withdrawal
Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 898) is
amended--
(1) by striking ``comprise approximately 1,650,200 acres'' and
inserting the following: ``comprise--
``(A) approximately 1,656,491.94 acres'';
(2) by striking ```Barry M. Goldwater Range Land Withdrawal',
dated June 17, 1999'' and inserting the following: ```Barry M.
Goldwater Range Requested Withdrawal Extension Map', dated June 13,
2022''; and
(3) by striking ``section 3033.'' and inserting the following:
``section 3033; and
``(B) approximately 2,365.89 acres of land in Maricopa
County, Arizona, as generally depicted on the map entitled
`Gila Bend Addition to Barry M. Goldwater Range', dated July 5,
2022, and filed in accordance with section 3033.''.
(b) Relation to Other Withdrawals and Reservations.--Section
3031(a) of such Act is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(2) in paragraph (5), as so redesignated, by inserting ``,
whichever is later'' after ``accepted by the Secretary of the
Interior''; and
(3) by inserting after paragraph (3) the following:
``(4) Relation to other withdrawals and reservations.--
``(A) The prior withdrawals and reservations identified as
Public Land Order Nos. 56 and 97, and Executive Orders 8892,
9104, and 9215, are hereby revoked in their entirety.
``(B) Upon the date of the enactment of this paragraph, the
patented mining claim known as the Legal Tender, Mineral Survey
No. 3445, located in Section 26, Township 15 South, Range 10
West, Gila Salt River Meridian, Arizona, is hereby transferred
from the Secretary of the Air Force to the Secretary of the
Interior, at no cost and in `as-is' condition, and shall be
managed by the United States Fish and Wildlife Service as a
land parcel included within the Cabeza Prieta National Wildlife
Refuge and in wilderness status as part of the Cabeza Prieta
Wilderness.''.
(c) Renewal of Current Withdrawal and Reservation.--Section 3031(d)
of such Act is amended by striking ``25 years after the date of the
enactment of this Act'' and inserting ``on October 5, 2049''.
(d) Extension.--Section 3031(e) of such Act is amended--
(1) in the heading, by striking ``Initial''; and
(2) in paragraph (1), by striking ``initial''.
SEC. 2864. LAND ACQUISITION, WESTMORELAND STATE PARK, VIRGINIA.
(a) Authority.--The Secretary of the Navy may acquire, by purchase
or lease from the Commonwealth of Virginia (in this section referred to
as the ``Commonwealth''), a real property interest in approximately 225
square feet of land, including ingress and egress, at Westmoreland
State Park, Virginia, for the purpose of installing, operating,
maintaining, and protecting equipment to support research and
development activities by the Department of the Navy for national
security purposes.
(b) Terms and Conditions.--The acquisition of property under this
section shall be subject to the following terms and conditions:
(1) The Secretary shall pay the Commonwealth fair market value
for the interest to be acquired, as determined by the Secretary.
(2) Such other terms and conditions considered appropriate by
the Secretary.
(c) Description of Property.--The legal description of the property
to be acquired under this section shall be determined by a survey that
is satisfactory to the Secretary and the Commonwealth.
(d) Applicability of the Land and Water Conservation Fund Act.--The
provisions of chapter 2003 of title 54, United States Code, shall not
apply to the acquisition of property under this section.
(e) Reimbursement.--The Secretary shall reimburse the Commonwealth
for reasonable and documented administrative costs incurred by the
Commonwealth to execute the acquisition by the Secretary authorized by
this section.
(f) Termination of Real Property Interest.--The real property
interest acquired by the Secretary shall terminate, and be released
without cost to the Commonwealth, when the Secretary determines such
real property interest is no longer required for national security
purposes.
SEC. 2865. LAND CONVEYANCE, NAVAL WEAPONS STATION EARLE, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
Colts Neck Township, New Jersey (in this section referred to as the
``Township''), all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
consisting of approximately 3.13 acres and currently used by the
Township for school bus parking.
(b) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the Township shall pay to the
Secretary of the Navy an amount equal to not less than the fair
market value of the property to be conveyed, as determined by the
Secretary, which may consist of cash payment, in-kind consideration
as described in paragraph (2), or a combination thereof.
(2) In-kind consideration.--In-kind consideration provided by
the Township under paragraph (1) may include--
(A) the acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including environmental
restoration), or a combination thereof, of any property,
facilities, or infrastructure with proximity to Naval Weapons
Station Earle, New Jersey; or
(B) the delivery of services relating to the needs of Naval
Weapons Station Earle that the Secretary considers acceptable.
(3) Conveyance.--Cash payments received under subsection (b) as
consideration for the conveyance under subsection (a) shall be
deposited in the special account in the Treasury established under
section 572(b)(5) of title 40, United States Code.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall require
the Township to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for such costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
costs, costs for environmental documentation related to the
conveyance, and any other administrative costs related to the
conveyance. If amounts are collected from the Township in advance
of the Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to
carry out the conveyance, the Secretary shall refund the excess
amount to the Township.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary
in carrying out the land conveyance under subsection (a) or, if the
period of availability of obligations for that appropriation has
expired, to the appropriations of a fund that is currently
available to the Secretary for the same purpose. Amounts so
credited shall be merged with amounts in such fund or account and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a) shall be determined by surveys satisfactory to the
Secretary of the Navy.
(e) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2866. LAND CONVEYANCE, PAINE FIELD AIR NATIONAL GUARD STATION,
EVERETT, SNOHOMISH COUNTY, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Air Force (in this
section referred to as the ``Secretary'') may convey to Snohomish
County, a political subdivision of the State of Washington (in this
section referred to as the ``County'') all right, title, and interest
of the United States in and to three parcels of real property,
including any improvements thereon and any related easements,
consisting of approximately 14.23 acres, collectively, located on the
Washington Air National Guard Base at Paine Field, Everett, Washington,
for the purposes of--
(1) removing the property from the boundaries of the Washington
Air National Guard Base and accommodating the operational needs of
the Snohomish County Airport and Paine Field; and
(2) the development of the parcels and buildings for economic
purposes.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be--
(1) subject to valid existing rights;
(2) subject to the condition that the County accept the real
property, and any improvements thereon, in its condition at the
time of the conveyance (commonly known as a conveyance ``as is'');
(3) subject to any other terms and conditions as agreed to by
the Secretary and the County; and
(4) subject to any other terms and conditions as the Secretary
considers appropriate to protect the interests of the United
States.
(c) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the County shall pay to the
Secretary in cash an amount that is not less than the fair market
value of the right, title, and interest conveyed under subsection
(a), as determined by the Secretary based on an appraisal of the
property.
(2) Treatment of consideration received.--Consideration
received by the Secretary under paragraph (1) shall be deposited in
the account in the Treasury established under section 572(b) of
title 40, United States Code, and shall be available in accordance
with paragraph (5)(B)(ii) of such subsection.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require the County to
cover all costs (except costs for environmental remediation of the
property) to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including costs related to real
estate due diligence and any other administrative costs related to
the conveyance. If amounts paid by the County to the Secretary in
advance exceed the costs actually incurred by the Secretary to
carry out the conveyance under subsection (a), the Secretary shall
refund the excess amount to the County.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
to carry out the conveyance under subsection (a) shall be credited
to the fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance or to an appropriate
fund or account currently available to the Secretary for the
purposes for which the costs were paid. Amounts so credited shall
be merged with amounts in such fund or account and shall be
available for the same purposes, and to the same conditions and
limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
SEC. 2867. LAND CONVEYANCE, WETZEL COUNTY MEMORIAL ARMY RESERVE CENTER,
NEW MARTINSVILLE, WEST VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Army (in this section
referred to as the ``Secretary'') may convey to the City of New
Martinsville, West Virginia (in this section referred to as the
``City''), all right, title, and interest of the United States in
and to a parcel of real property, including any improvements
thereon, consisting of approximately 2.96 acres, known as the
former Wetzel County Memorial Army Reserve Center, located within
the City, for the purpose of providing emergency management
response or law enforcement services.
(2) Continuation of existing easements, restrictions, and
covenants.--The conveyance of the property under paragraph (1)
shall be subject to any easement, restriction, or covenant of
record applicable to the property and in existence on the date of
the enactment of this Act.
(b) Revisionary Interest.--
(1) In general.--If the Secretary determines at any time that
the property conveyed under subsection (a) is not being used in
accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the property,
including any improvements thereto, may, at the option of the
Secretary, revert to and become the property of the United States,
and the United States may have the right of immediate entry onto
such property.
(2) Determination.--A determination by the Secretary under
paragraph (1) may be made on the record after an opportunity for a
hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require the City to
cover all costs (except costs for environmental remediation of the
property) to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including costs for environmental
and real estate due diligence and any other administrative costs
related to the conveyance.
(2) Refund of excess amounts.--If amounts are collected from
the City under paragraph (1) in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance
under subsection (a), the Secretary shall refund the excess amount
to the City.
(d) Limitation on Source of Funds.--The City may not use Federal
funds to cover any portion of the costs required to be paid by the City
under this section.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2868. LAND CONVEYANCE, BG J SUMNER JONES ARMY RESERVE CENTER,
WHEELING, WEST VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Army (in this section
referred to as the ``Secretary'') may convey to the City of
Wheeling, West Virginia (in this section referred to as the
``City''), all right, title, and interest of the United States in
and to a parcel of real property, including any improvements
thereon, consisting of approximately 3.33 acres, known as the
former BG J Sumner Jones Army Reserve Center, located within the
City, for the purpose of providing emergency management response or
law enforcement services.
(2) Continuation of existing easements, restrictions, and
covenants.--The conveyance of the property under paragraph (1)
shall be subject to any easement, restriction, or covenant of
record applicable to the property and in existence on the date of
the enactment of this Act.
(b) Revisionary Interest.--
(1) In general.--If the Secretary determines at any time that
the property conveyed under subsection (a) is not being used in
accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the property,
including any improvements thereto, may, at the option of the
Secretary, revert to and become the property of the United States,
and the United States may have the right of immediate entry onto
such property.
(2) Determination.--A determination by the Secretary under
paragraph (1) may be made on the record after an opportunity for a
hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require the City to
cover all costs (except costs for environmental remediation of the
property) to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including costs for environmental
and real estate due diligence and any other administrative costs
related to the conveyance.
(2) Refund of excess amounts.--If amounts are collected from
the City under paragraph (1) in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance
under subsection (a), the Secretary shall refund the excess amount
to the City.
(d) Limitation on Source of Funds.--The City may not use Federal
funds to cover any portion of the costs required to be paid by the City
under this section.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
Subtitle F--Pilot Programs and Reports
SEC. 2871. MODIFICATION OF PILOT PROGRAM ON INCREASED USE OF
SUSTAINABLE BUILDING MATERIALS IN MILITARY CONSTRUCTION.
Section 2861 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 2802 note) is amended--
(1) in subsection (b)(1), by striking ``at least'' and all that
follows through the period at the end and inserting ``, under the
pilot program, at least--
``(A) one military construction project for mass timber;
and
``(B) one military construction project for low carbon
concrete.'';
(2) in subsection (d), by striking ``September 30, 2024'' and
inserting ``September 30, 2025'';
(3) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively;
(4) by inserting after subsection (d) the following new
subsection:
``(e) Deadline for Commencement of Construction.--Any construction
pursuant to a military construction project carried out under the pilot
program must commence by not later than January 1, 2025.''; and
(5) in subsection (f)(1) (as so redesignated), by striking
``December 31, 2024'' and inserting ``December 31, 2025''.
SEC. 2872. MODIFICATION OF PILOT PROGRAM ON ESTABLISHMENT OF ACCOUNT
FOR REIMBURSEMENT FOR USE OF TESTING FACILITIES AT INSTALLATIONS OF THE
DEPARTMENT OF THE AIR FORCE.
(a) In General.--Section 2862 of the Military Construction
Authorization Act for Fiscal Year 2022 (division B of Public Law 117-
81; 10 U.S.C. 9771 note prec.) is amended--
(1) in subsection (a), by striking ``testing'' and inserting
``Major Range and Test Facility Base'';
(2) in subsection (b), by inserting ``, have Major Range and
Test Facility Base facilities,'' after ``construct'';
(3) by amending subsection (c) to read as follows:
``(c) Oversight of Funds.--
``(1) Use of amounts.--The commander of an installation
selected to participate in the pilot program may obligate or expend
amounts reimbursed under the pilot program for projects at the
installation.
``(2) Designation of maintenance costs.--
``(A) In general.--The commander of an installation
selected to participate in the pilot program may designate the
appropriate amount of maintenance cost reimbursements to be
charged to users of Major Range and Test Facility Base
facilities under the pilot program.
``(B) Use of maintenance cost reimbursements.--Maintenance
cost reimbursements under subparagraph (A) for an installation
may be used either solely or in combination with funds
otherwise made available to satisfy the costs of maintenance
projects at the installation.
``(3) Oversight.--The commander of an installation selected to
participate in the pilot program shall have direct oversight over
amounts reimbursed to the installation under the pilot program for
Facility, Sustainment, Restoration, and Modernization.'';
(4) by redesignating subsection (e) as subsection (f);
(5) by inserting after subsection (d) the following new
subsection:
``(e) Treatment of Reimbursements.--Funds otherwise made available
to participants in the pilot program may not be reduced by amounts
reimbursed under the pilot program for Facility, Sustainment,
Restoration, and Modernization.''; and
(6) in subsection (f), as redesignated by paragraph (2), by
striking ``December 1, 2026'' and inserting ``December 1, 2027''.
(b) Clerical Amendment.--The heading for such section 2862 is
amended to read as follows:
``SEC. 2862. PILOT PROGRAM TO AUGMENT SUSTAINMENT WITH MAINTENANCE COST
REIMBURSEMENTS FROM MAJOR RANGE AND TEST FACILITY BASE USERS AT
INSTALLATIONS OF THE DEPARTMENT OF THE AIR FORCE.''.
SEC. 2873. PILOT PROGRAM TO PROVIDE AIR PURIFICATION TECHNOLOGY IN
COVERED MILITARY HOUSING.
(a) In General.--The Secretary of Defense may carry out a pilot
program to--
(1) provide commercially available off-the-shelf items (as
defined in section 104 of title 41, United States Code) for air
purification and covered sensors to landlords; and
(2) monitor and measure the effect of such items on the
environmental health and public health of tenants of covered
military housing.
(b) Selection of Installations.--
(1) In general.--The Secretary of the Army, the Secretary of
the Navy, and the Secretary of the Air Force shall each select one
military installation under the jurisdiction of such Secretary to
carry out any pilot program carried out under this section.
(2) Considerations.--Each Secretary shall ensure that the
military installation selected under this section contains military
unaccompanied housing in which the items described in subsection
(a) may be used.
(c) Devices.--An air purification item or a covered sensor provided
under this section shall use technology proven to reduce indoor air
risks and yield measurable environmental health and public health
outcomes.
(d) Briefing.--Not later than 365 days after the date on which a
pilot program is commenced under this section, the Secretary of the
Army, the Secretary of the Navy, and the Secretary of the Air Force
shall each provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the pilot program
established under this section, including a description of the items
described in subsection (a) used under such program. The briefing shall
include--
(1) a description of any cost savings identified from use of
such items relating to--
(A) extending the durability and habitability of covered
military housing; and
(B) reducing maintenance frequency; and
(2) with respect to cost savings identified in paragraph (1), a
plan to expand the use of covered sensors and air purification
items in newly constructed covered military housing.
(e) Definitions.--In this section:
(1) The term ``covered sensor'' means a commercially available
off-the-shelf item (as defined in section 104 of title 41, United
States Code) manufactured in the United States that detects the
conditions for potential mold growth before mold is present.
(2) The term ``covered military housing'' means--
(A) military unaccompanied housing; and
(B) Government-owned units of military housing.
(3) The term ``military unaccompanied housing'' has the meaning
given in section 2871 of title 10, United States Code.
SEC. 2874. JOINT HOUSING REQUIREMENTS AND MARKET ANALYSIS FOR CERTAIN
MILITARY INSTALLATIONS IN HAWAII.
(a) In General.--The Secretary of Defense, in consultation with
appropriate Federal, State, and local stakeholders (to the maximum
extent practicable) shall conduct a joint Housing Requirements and
Market Analysis for each covered military installation.
(b) Deadline.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on each joint Housing Requirements and
Market Analysis conducted under subsection (a) that includes--
(1) an analysis of the extent to which military installations
in Hawaii have affected the availability of housing in communities
in proximity to such military installations;
(2) the number of members of the Armed Forces and their
dependents residing in privately-owned housing located outside of
such military installations;
(3) a cost-benefit analysis of implementing a requirement for
each member of the Armed Forces assigned to a duty station in
Hawaii to reside in housing located on the military installation to
which such member is assigned;
(4) an assessment of strategies to reduce the effect of members
of the Armed Forces and dependents of such members on the
availability of rental housing in such communities, including
strategies to provide such members and dependents with alternative
housing options;
(5) the optimal stock and occupancy rate of military housing
units in Hawaii, as determined by the Secretary;
(6) an estimate of the cost to the United States to maintain
such optimal stock and occupancy rate;
(7) an assessment of the feasibility of expanding housing
located on military installations in Hawaii to create housing
intended to be occupied by civilian employees and contractors of
the Department of Defense;
(8) an identification of limitations and challenges, if any, to
data collection and analysis in carrying out such joint Housing
Requirements and Market Analysis;
(9) strategies to--
(A) address such limitations and challenges; and
(B) standardize methods of data collection and analysis for
conducting a Housing Requirements and Market Analysis under
section 2837 of title 10, United States Code; and
(10) other relevant information, as determined by the
Secretary.
(c) Definitions.--In this section:
(1) The term ``covered military installation'' means a military
installation in Hawaii for which a Housing Requirements and Market
Analysis has not been conducted during the three-year period
preceding the date of the enactment of this Act.
(2) The term ``Housing Requirements and Market Analysis'' has
the meaning given such term in section 2837 of title 10, United
States Code.
(3) The term ``military installation'' has the meaning given
such term in section 2801 of such title.
SEC. 2875. QUARTERLY BRIEFINGS ON MILITARY CONSTRUCTION RELATED TO THE
SENTINEL INTERCONTINENTAL BALLISTIC MISSILE WEAPON SYSTEM PROGRAM.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, and every 90 days thereafter until the date
that is five years after the date of the enactment of this Act, the
Secretary of the Air Force shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing on
contracts for covered construction projects relating to the Sentinel
intercontinental ballistic missile weapon system program.
(b) Elements.--These briefings shall include at a minimum the
following information:
(1) An update on the Sentinel intercontinental ballistic
missile weapon system program, including delays that may affect the
timelines for covered construction projects.
(2) An update on timelines and costs for covered construction
projects, including details on land acquisitions for such projects.
(3) An update on any site surveys conducted at the site for
performance of the covered construction project, including new
information about site conditions that may impact future contracts
for covered construction projects.
(4) With respect to any contract or subcontract (at any tier)
for a covered construction project that is not a fixed-price
contract, a description of the location of performance for such
contract or subcontract.
(5) With respect to any contract or subcontract (at any tier)
for a covered construction project that is a cost-plus-incentive-
fee contract, a description of the following for performance of the
contract or subcontract:
(A) The target cost.
(B) The target incentive fee.
(C) The minimum and maximum incentive fee amounts.
(D) A description of the incentive fee adjustment formula
(including allowable costs).
(E) A description of the incentive fee structure.
(F) An analysis of any change to the elements in
subparagraphs (A) through (E) since the previous quarter.
(6) A summary of Government actions to mitigate cost growth of
covered construction projects.
(7) A review of conditions observed at the site for performance
of the covered construction project contract during the previous
quarter and how those conditions may impact the cost of such
contract and subsequent contracts for covered construction projects
at such site.
(8) The most recent construction schedule, including any
anticipated delays and mitigation measures for each such delay,
requests for equitable adjustment, and any changes to the schedule
since the previous quarter.
(9) An update on the estimated cost to complete the covered
construction project.
(10) A summary of any factors that may cause delay to the
completion of the covered construction project or cost growth for
such project, including workforce shortages, regulatory review
timelines, and supply chain shortages.
(11) Any required changes to statute or regulation, including
any changes to the future-years defense program submitted under
section 221 of title 10, United States Code, relating to the
covered construction project.
(c) Covered Construction Project Defined.--In this section, the
term ``covered construction project'' means a below-ground military
construction project or other infrastructure project in connection with
the development and fielding of the Sentinel intercontinental ballistic
missile weapon system program.
Subtitle G--Other Matters
SEC. 2881. INCREASE OF LIMITATION ON FEE FOR ARCHITECTURAL AND
ENGINEERING SERVICES PROCURED BY MILITARY DEPARTMENTS.
(a) Army.--Section 7540(b) of title 10, United States Code, is
amended by striking ``6 percent'' and inserting ``10 percent''.
(b) Navy.--Section 8612(b) of such title is amended by striking ``6
percent'' and inserting ``10 percent''.
(c) Air Force.--Section 9540(b) of such title is amended by
striking ``6 percent'' and inserting ``10 percent''.
SEC. 2882. DEVELOPMENT AND OPERATION OF MARINE CORPS HERITAGE CENTER
AND NATIONAL MUSEUM OF THE MARINE CORPS.
(a) In General.--Chapter 861 of title 10, United States Code, is
amended by inserting after section 8617 the following new section:
``Sec. 8618. Marine Corps Heritage Center and National Museum of the
Marine Corps at Marine Corps Base, Quantico, Virginia
``(a) Joint Venture for Development and Continued Maintenance and
Operation.--The Secretary of the Navy may enter into a joint venture
with the Marine Corps Heritage Foundation (in this section referred to
as the `Foundation'), a not-for-profit entity, for the design,
construction, and maintenance and operation of a multipurpose facility
to be used for historical displays for public viewing, curation, and
storage of artifacts, research facilities, classrooms, offices, and
associated activities consistent with the mission of the Marine Corps
University. The facility shall be known as the Marine Corps Heritage
Center and the National Museum of the Marine Corps.
``(b) Design and Construction.--For each phase of development of
the facility described in subsection (a), the Secretary may--
``(1) permit the Foundation to contract for the design,
construction, or both of such phase of development; or
``(2) accept funds from the Foundation for the design,
construction, or both of such phase of development.
``(c) Acceptance Authority.--Upon completion of construction of any
phase of development of the facility described in subsection (a) by the
Foundation to the satisfaction of the Secretary, and the satisfaction
of any financial obligations incident thereto by the Foundation, the
facility shall become the real property of the Department of the Navy
with all right, title, and interest in and to facility being in the
United States.
``(d) Maintenance, Operation, and Support.--(1) The Secretary may,
for the purpose of maintenance and operation of the Marine Corps
Heritage Center and the National Museum of the Marine Corps--
``(A) enter into contracts or cooperative agreements, on a
sole-source basis, with the Foundation for the procurement of
property or services for the direct benefit or use of the Marine
Corps Heritage Center and the National Museum of the Marine Corps;
and
``(B) notwithstanding the requirements of subsection (h) of
section 2667 of this title and under such terms and conditions as
the Secretary considers appropriate for the joint venture
authorized by subsection (a), lease in accordance with such section
2667 portions of the facility developed under subsection (a) to the
Foundation for use in generating revenue for activities of the
facility and for such administrative purposes as may be necessary
for support of the facility.
``(2) In making a determination of fair market value under section
2667(b)(4) of this title for payment of consideration pursuant to a
lease described in paragraph (1)(B), the Secretary may consider the
entirety of the educational efforts of the Foundation, support to the
Marine Corps Heritage Center history division by the Foundation, or the
funding of museum programs and exhibits by the Foundation, or other
support related to the Marine Corps Heritage Center and the National
Museum of the Marine Corps, in addition to the types of in-kind
consideration provided under section 2667(c) of this title.
``(3) The Secretary may authorize the Foundation to use real or
personal property within the Marine Corps Heritage Center and National
Museum of the Marine Corps to conduct additional revenue-generating
activities, as the Secretary considers appropriate considering the work
of the Foundation and needs of the Marine Corps Heritage Center and
National Museum of the Marine Corps. The Secretary shall only authorize
the use of such property for a revenue-generating activity if the
Secretary determines the activity will not interfere with military
activities and personnel or the activities of the Marine Corps Heritage
Center and National Museum of the Marine Corps.
``(4) The Secretary shall retain lease payments received under this
section, other than in-kind consideration authorized under paragraph
(2) or under section 2667(c) of this title, solely for use in support
of the Marine Corps Heritage Center and the National Museum of the
Marine Corps, and funds received as lease payments shall remain
available until expended.
``(e) Authority to Accept Gifts.--(1) The Secretary of the Navy may
accept, hold, administer, and spend any gift, devise, or bequest of
real property, personal property, or money made on the condition that
the gift, devise, or bequest be used for the benefit, or in connection
with, the establishment, operation, or maintenance, of the Marine Corps
Heritage Center or the National Museum of the Marine Corps. Section
2601 (other than subsections (b), (c), and (e)) of this title shall
apply to gifts accepted under this subsection.
``(2) The Secretary may display at the Marine Corps Heritage Center
or the National Museum of the Marine Corps recognition for an
individual or organization that contributes money to a partner
organization, or an individual or organization that contributes a gift
directly to the Navy, for the benefit of the Marine Corps Heritage
Center or the National Museum of the Marine Corps, whether or not the
contribution is subject to the condition that the recognition be
provided. The Secretary shall prescribe regulations governing the
circumstances under which contributor recognition may be provided,
appropriate forms of recognition, and suitable display standards.
``(3) The Secretary may authorize the sale of donated property
received under paragraph (1). A sale under this paragraph need not be
conducted in accordance with disposal requirements that would otherwise
apply, so long as the sale is conducted at arms-length and includes an
auditable transaction record.
``(4) Any money received under paragraph (1) and any proceeds from
the sale of property under paragraph (3) shall be deposited into a fund
established in the Treasury to support the Marine Corps Heritage Center
and the National Museum of the Marine Corps.
``(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the joint
venture authorized by subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.''.
(b) Conforming Repeal.--Section 2884 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public Law
106-398) is repealed.
SEC. 2883. TECHNICAL CORRECTIONS.
(a) Numu Newe Special Management Area.--Section 2902(c) of the
Military Construction Authorization Act for Fiscal Year 2023 (16 U.S.C.
460gggg(c)) is amended by striking ``217,845'' and inserting
``209,181''.
(b) Reduction of Impact of Fallon Range Training Complex
Modernization.--Section 2995(a)(3)(A) of the Military Land Withdrawals
Act of 2013 (title XXIX of Public Law 113-66) (as added by section 2901
of the Military Construction Authorization Act for Fiscal Year 2023
(division B of Public Law 117-263; 136 Stat. 3016)) is amended by
inserting ``Gas'' after ``Basin''.
SEC. 2884. MODIFICATION OF AUTHORITY OF SECRETARY OF THE ARMY TO ENTER
INTO COOPERATIVE AGREEMENTS RELATING TO ACCESS AND MANAGEMENT OF AIR
FORCE MEMORIAL.
Section 2863(e) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1332), is
amended by striking ``the Foundation'' and inserting ``non-Federal
Government entities, the Secretary of the Air Force, or both,''.
SEC. 2885. DESIGNATION OF NATIONAL MUSEUM OF THE MIGHTY EIGHTH AIR
FORCE.
(a) Designation.--The National Museum of the Mighty Eighth Air
Force located at 175 Bourne Avenue, Pooler, Georgia (or any successor
location), is designated as the official National Museum of the Mighty
Eighth Air Force of the United States (referred to in this section as
the ``National Museum'').
(b) Relation to National Park System.--The National Museum shall
not be included as a unit of the National Park System.
(c) Rule of Construction.--This section shall not be construed to
appropriate, or authorize the appropriation of, Federal funds for any
purpose related to the National Museum.
SEC. 2886. CONTINUING EDUCATION CURRICULUM ON USE OF INNOVATIVE
PRODUCTS FOR MILITARY CONSTRUCTION PROJECTS.
(a) Curriculum Required.--Not later than one year after the date of
the enactment of this Act, the Commander of the Naval Facilities
Systems Engineering Command and the Deputy Commanding General for
Military and International Operations for the Army Corps of Engineers,
shall establish a joint continuing education curriculum for the
following individuals responsible for managing military construction
projects and planning and design projects within the Department of
Defense:
(1) Project managers.
(2) Program managers.
(3) Design professionals.
(4) Contracting officers.
(5) Representatives of such contracting officers.
(b) Elements.--The curriculum under subsection (a) shall include
training on--
(1) cost estimating and cost control mechanisms, including
analyses of contract types;
(2) standards relating to antiterrorism force protection,
lateral wind, seismic activity, and fire performance;
(3) life-cycle sustainability and renewability;
(4) use of innovative building materials (including sustainable
materials) and innovative construction methods; and
(5) designs to improve the resilience of military
installations.
(c) Provision of Training; Curriculum Updates.--The Secretary of
Defense shall ensure that--
(1) not later than 180 days after the date of the completion of
the curriculum under subsection (a), such curriculum is made
available to the contracting officers and program managers
described in such subsection;
(2) by not later than January 1, 2025--
(A) not less than 75 percent of the individuals described
in paragraphs (1) through (5) of such subsection have completed
the continuing education curriculum required under such
subsection in effect as of such date; and
(B) such individuals are provided updated information on
innovative construction techniques on a continuous basis; and
(3) such curriculum is updated each time an innovative product
or construction method is included in the Unified Facilities
Criteria/DoD Building Code (UFC 1-200-01).
(d) Report.--Not later than June 1, 2025, the Secretary of Defense
shall submit to Committees on Armed Services of the House of
Representatives and the Senate a report that includes--
(1) an update on the status of the curriculum under subsection
(a); and
(2) a plan for administering such curriculum to the individuals
described in paragraphs (1) through (5) of such subsection.
(e) Definitions.--In this section, the terms ``military
construction project'' and ``military installation'' have the meanings
given in section 2801 of title 10, United States Code.
SEC. 2887. GUIDANCE ON ENCROACHMENT THAT AFFECTS COVERED SITES.
(a) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, each Secretary of a military department
shall issue guidance to establish--
(1) a process to identify encroachment with respect to a
covered site;
(2) a method to mitigate such encroachment; and
(3) a procedure to certify that such encroachment does not
directly result in a national security risk to the covered site.
(b) Considerations.--In developing the guidance required by this
section, each Secretary of a military department shall consider the
following:
(1) The process by which a commander or head of a covered site
identifies and reports encroachment with respect to such covered
site.
(2) Methods to track data relating to processes, methods, and
procedures described in subsection (a).
(3) Coordination processes to track and mitigate encroachment--
(A) within each military department; and
(B) between the military departments and the Assistant
Secretaries of Defense for Sustainment and Industrial Base
Policy.
(c) Foreign Investment Encroachment.--Such guidance shall include a
requirement that if a Secretary of a military department determines
that encroachment described in subsection (a) involves or may involve
foreign investment, such Secretary shall--
(1) report information about encroachment relating to foreign
investment to the Assistant Secretary of Defense for Industrial
Base Policy; and
(2) coordinate with the Assistant Secretary of Defense for
Industrial Base Policy on efforts to mitigate such encroachment or
potential encroachment.
(d) Report.--Not later than 180 days after the date on which the
guidance required by subsection (a) is issued, the Assistant Secretary
of Defense for Sustainment, in coordination with the Secretaries of the
military departments, shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the guidance
required by this section, including--
(1) the extent to which such guidance has been implemented
within the Department of Defense;
(2) a description of methods to update any lists of covered
sites; and
(3) an assessment of the procedure described in subsection
(a)(3).
(e) Definitions.--In this section:
(1) The term ``covered site'' means a military installation or
another facility or property of the United States Government.
(2) The term ``encroachment'' means an activity conducted
within close proximity to a covered site that--
(A) may pose a national security risk to a covered site;
(B) may affect the operational mission of a covered site;
or
(C) is incompatible with an installation master plan of a
covered site.
(3) The term ``military department'' has the meaning given such
term in section 101 of title 10, United States Code.
(4) The term ``military installation'' has the meaning given
such term in section 2801 of title 10, United States Code.
SEC. 2888. EXTENSION AND MODIFICATION OF ANNUAL UPDATES TO MASTER PLANS
AND INVESTMENT STRATEGIES FOR ARMY AMMUNITION PLANTS.
Section 2834(d) of the Military Construction Authorization Act for
Fiscal Year 2022 (division B of Public Law 117-81; 135 Stat. 2201) is
amended--
(1) in the matter preceding paragraph (1), by striking ``March
31, 2026'' and inserting ``March 31, 2030''; and
(2) by adding at the end the following new paragraph:
``(5) A description of any changes to a master plan for an
ammunition production facility made in response to global events,
including pandemics and armed conflicts.''.
SEC. 2889. LIMITATION ON USE OF FUNDS FOR UNITED STATES SPACE COMMAND
HEADQUARTERS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2024 for the Department of
Defense may be obligated or expended to acquire, construct, plan, or
design a new headquarters building for United States Space Command
until June 30, 2024, when the Inspector General of the Department of
Defense and the Comptroller General of the United States shall complete
reviews of the selection announced in July of 2023.
SEC. 2890. PLAN FOR USE OF EXCESS CONSTRUCTION MATERIALS ON SOUTHWEST
BORDER.
(a) Plan.--Not later than 75 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a plan
to use, transfer, or donate to States on the southern border of the
United States all covered materials, with prioritization given to the
refurbishment and or maintenance of ports of entry along the southwest
border and construction projects aimed at stopping illicit human and
vehicle traffic along the border of the United States with Mexico.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) A detailed proposal for the disposition of such covered
materials, including a timeline for disposition and the authorities
under which such disposition shall occur.
(2) An assessment of the condition of such materials being
stored, including (if applicable) a description of materials that
have depreciated in value, become damaged, or been lost.
(c) Requirements of Requesting States.--Any State requesting the
covered materials made available under this section must certify, in
writing, that the materials it accepts will be exclusively used for the
refurbishment or maintenance of ports of entry along the southwest
border or construction projects aimed at stopping illicit human and
vehicle traffic along the border of the United States with Mexico.
(d) Execution of Plan.--Not later than 100 days after the date of
submission of the plan required by subsection (a), the Secretary of
Defense shall commence execution of such plan until the date on which
the Department of Defense is no longer incurring any costs to maintain,
store, or protect the covered materials.
(e) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
containing the following:
(1) A detailed description of the decision process of the
Secretary to forgo the excess property disposal process of the
Department of Defense and instead pay to store the covered
materials.
(2) A list of entities the Department is paying for use of
their privately owned land to store the covered materials, with
appropriate action taken to protect personally identifiable
information, such as by making the list of entities available in an
annex that is labeled as controlled unclassified information.
(3) An explanation of the process through which the Department
contracted with private landowners to store the covered materials,
including whether there was a competitive contracting process and
whether the landowners have instituted an inventory review system.
(4) A description of any investigations by the Inspector
General of the Department that have been opened related to storing
the covered materials.
(f) Definitions.--In this section, the term ``covered material''
means all remaining construction materials currently possessed by the
United States Government that were purchased under section 2808 and 284
of title 10, United States Code, from fiscal years 2017 through 2021,
including bollards and Nucor tubular square structural tubes.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Transfer of cybersecurity responsibilities to Administrator
for Nuclear Security.
Sec. 3112. Redesignating duties related to departmental radiological and
nuclear incident responses.
Sec. 3113. Cybersecurity Risk Inventory, Assessment, and Mitigation
Working Group.
Sec. 3114. Modification of authority to establish certain contracting,
program management, scientific, engineering, and technical
positions.
Sec. 3115. Criminal penalties for interference with the transport of
special nuclear materials, nuclear weapons components, or
restricted data.
Sec. 3116. Prohibition on expansion of Advanced Recovery and Integrated
Extraction System pending achievement of 30 pit-per-year base
capability.
Sec. 3117. Plutonium Modernization Program management.
Sec. 3118. Modification of certain requirements and authorities relating
to the removal or security of fissile materials, radiological
materials, and related equipment at vulnerable sites
worldwide.
Sec. 3119. Extension of briefing and reporting requirements for certain
National Nuclear Security Administration contracts.
Sec. 3120. Modification of minor construction threshold for plant
projects.
Sec. 3121. Modifications relating to unfunded priorities of the National
Nuclear Security Administration.
Sec. 3122. Limitation on establishing an enduring bioassurance program
within the National Nuclear Security Administration.
Sec. 3123. Modification of reporting requirements for uranium
capabilities replacement project.
Sec. 3124. Prohibition on availability of funds for naval nuclear fuel
systems based on low-enriched uranium.
Sec. 3125. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3126. Limitation on availability of funds pending submittal of
spend plan for development of sea-launched cruise missile
warhead.
Sec. 3127. Deadlines for commencement of operations of certain atomic
energy replacement projects.
Sec. 3128. Integrated schedule for future-years nuclear security
program.
Subtitle C--Other Matters
Sec. 3131. U.S. nuclear fuel security initiative.
Sec. 3132. Updated financial integration policy.
Sec. 3133. Plan for domestic enrichment capability to satisfy Department
of Defense uranium requirements.
Sec. 3134. Briefings on implementation of enhanced mission delivery
initiative.
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2024 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 24-D-513, Z-Pinch Experimental Underground System Test
Bed Facilities Improvement, Nevada National Security Site, Nye
County, Nevada, $80,000,000.
Project 24-D-512, TA-46 Protective Force Facility, Los Alamos
National Laboratory, Los Alamos, New Mexico, $48,500,000.
Project 24-D-511, Plutonium Production Building, Los Alamos
National Laboratory, Los Alamos, New Mexico, $48,500,000.
Project 24-D-510, Analytic Gas Laboratory, Pantex Plant,
Panhandle, Texas, $35,000,000.
Project 24-D-530, Naval Reactors Facility Medical Science
Complex, Idaho Falls, Idaho, $36,584,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2024 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Project.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant project:
Project 24-D-401, Environmental Restoration Disposal Facility
Super Cell 11 Expansion Project, Hanford Site, Richland,
Washington, $1,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2024 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2024 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. TRANSFER OF CYBERSECURITY RESPONSIBILITIES TO ADMINISTRATOR
FOR NUCLEAR SECURITY.
The National Nuclear Security Administration Act (50 U.S.C. 2401 et
seq.) is amended--
(1) in section 3212(b) (50 U.S.C. 2402(b)), by adding at the
end the following new paragraph:
``(20) Information resources management, including
cybersecurity.''; and
(2) in section 3232(b)(3) (50 U.S.C. 2422(b)(3)), by striking
``and cyber''.
SEC. 3112. REDESIGNATING DUTIES RELATED TO DEPARTMENTAL RADIOLOGICAL
AND NUCLEAR INCIDENT RESPONSES.
(a) Deputy Administrator for Defense Programs.--Section 3214(b) of
the National Nuclear Security Administration Act (50 U.S.C. 2404 (b))
is amended by striking paragraph (3).
(b) Administrator for Nuclear Security.--Section 3212(b)(7) of the
National Nuclear Security Administration Act (50 U.S.C. 2402(b)(7)) is
amended by inserting ``and Nuclear Emergency Support Team capabilities,
including all field-deployed and remote technical support to public
health and safety missions, countering weapons of mass destruction
operations, technical and operational nuclear forensics, and responses
to United States nuclear weapon accidents'' after ``management''.
SEC. 3113. CYBERSECURITY RISK INVENTORY, ASSESSMENT, AND MITIGATION
WORKING GROUP.
Subtitle A of the National Nuclear Security Administration Act (50
U.S.C. 2401 et seq.) is amended by adding at the end the following new
section:
``SEC. 3222. CYBERSECURITY RISK INVENTORY, ASSESSMENT, AND MITIGATION
WORKING GROUP.
``(a) Establishment.--There is in the Administration a working
group, to be known as the `Cybersecurity Risk Inventory, Assessment,
and Mitigation Working Group' (referred to in this section as the
`working group').
``(b) Membership.--Members of the working group shall include--
``(1) the Deputy Administrator for Defense Programs;
``(2) the Associate Administrator for Information Management
and Chief Information Officer; and
``(3) such other personnel of the Administration as are
determined appropriate for inclusion in the working group by the
Chairperson.
``(c) Chairperson.--The Deputy Administrator for Defense Programs
shall serve as the Chairperson of the working group, except that the
Administrator may designate another member of the working group to
serve as Chairperson in lieu of the Deputy Administrator if the
Administrator determines it is appropriate to do so.
``(d) Comprehensive Strategy.--The working group shall prepare a
comprehensive strategy for inventorying the range of systems of the
Administration that are potentially at risk in the operational
technology and nuclear weapons information technology environments,
assessing the systems at risk based on mission impact, and implementing
risk mitigation actions. Such strategy shall incorporate key elements
of effective cybersecurity risk management strategies, as identified by
the Government Accountability Office, including the specification of--
``(1) goals, objectives, activities, and performance measures;
``(2) organizational roles, responsibilities, and coordination;
``(3) resources needed to implement the strategy through 2034;
and
``(4) detailed milestones and schedules for completion of
tasks.
``(e) Submission to Congress.--
``(1) Interim briefing.--Not later than 120 days after the date
of the enactment of this section, the working group shall provide
to the congressional defense committees a briefing on the plan of
the working group to develop the strategy required under subsection
(d).
``(2) Completed strategy.--Not later than April 1, 2025, the
working group shall submit the congressional defense committees a
copy of the completed strategy.
``(f) Termination.--The working group shall terminate on a date
determined by the Administrator that is not earlier than the date that
is five years after the date of the enactment of this section.''.
SEC. 3114. MODIFICATION OF AUTHORITY TO ESTABLISH CERTAIN CONTRACTING,
PROGRAM MANAGEMENT, SCIENTIFIC, ENGINEERING, AND TECHNICAL POSITIONS.
Section 3241 of the National Nuclear Security Administration Act
(50 U.S.C. 2441) is amended by striking ``800'' and inserting
``1,200''.
SEC. 3115. CRIMINAL PENALTIES FOR INTERFERENCE WITH THE TRANSPORT OF
SPECIAL NUCLEAR MATERIALS, NUCLEAR WEAPONS COMPONENTS, OR RESTRICTED
DATA.
Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is
amended--
(1) by redesignating subsection b. as subsection c.;
(2) by inserting after subsection a. the following new
subsection:
``b. Whoever knowingly and willfully impedes the passage of a
vehicle of a nuclear materials courier (as defined in section 8331 of
title 5, United States Code) engaged in the transport of any atomic
weapon, special nuclear material, atomic weapon component, or
Restricted Data shall be subject to arrest and imposition of a criminal
fine of not more than $1,000.'';
(3) in subsection c. (as so redesignated), by striking
``prohibited by subsection a.'' and inserting ``prohibited by
subsections a. or b.''; and
(4) by adding at the end the following new subsection:
``d. The Attorney General shall have primary investigative
authority for any violation of this section.''.
SEC. 3116. PROHIBITION ON EXPANSION OF ADVANCED RECOVERY AND INTEGRATED
EXTRACTION SYSTEM PENDING ACHIEVEMENT OF 30 PIT-PER-YEAR BASE
CAPABILITY.
Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is
amended by--
(1) redesignating subsection (f) as subsection (g); and
(2) inserting after subsection (e) the following new
subsection:
``(f) Prohibition on ARIES Expansion Before Achievement of 30 Pit-
per-year Base Capability.--
``(1) In general.--Until the date on which the Administrator
certifies to the congressional defense committees that the base
capability to produce not less than 30 war reserve plutonium pits
per year has been established at Los Alamos National Laboratory,
the Administrator may not--
``(A) carry out a project to expand the pit disassembly and
processing capability of the spaces at PF-4 occupied by ARIES
as of the date of the enactment of this Act; or
``(B) otherwise expand such spaces.
``(2) Exceptions.--Paragraph (1) shall not apply with respect
to--
``(A) ongoing or planned small projects to sustain or
improve the efficiency of plutonium oxide production, provided
that such projects do not expand the spaces at PF-4 occupied by
ARIES as of the date of the enactment of this Act;
``(B) the planning and design of an additional ARIES
capability at a location other than PF-4; or
``(C) the transfer of the ARIES capability to a location
other than PF-4.
``(3) Definitions.--In this subsection:
``(A) The term `ARIES' means the Advanced Recovery and
Integrated Extraction System method, developed and piloted at
Los Alamos National Laboratory, Los Alamos, New Mexico, for
disassembling surplus defense plutonium pits and converting the
plutonium from such pits into plutonium oxide.
``(B) The term `PF-4' means the Plutonium Facility at
Technical Area 55 located at Los Alamos National Laboratory,
Los Alamos, New Mexico.''.
SEC. 3117. PLUTONIUM MODERNIZATION PROGRAM MANAGEMENT.
Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a),
as amended by section 3116, is further amended by adding at the end the
following new subsection:
``(h) Not later than 570 days after the date of the enactment of
this subsection, the Administrator for Nuclear Security shall ensure
that the plutonium modernization program established by the Office of
Defense Programs of the National Nuclear Security Administration, or
any subsequently developed program designed to meet the requirements
under subsection (a), is managed in accordance with the best practices
for schedule development and cost estimating of the Government
Accountability Office.''.
SEC. 3118. MODIFICATION OF CERTAIN REQUIREMENTS AND AUTHORITIES
RELATING TO THE REMOVAL OR SECURITY OF FISSILE MATERIALS, RADIOLOGICAL
MATERIALS, AND RELATED EQUIPMENT AT VULNERABLE SITES WORLDWIDE.
(a) Modification of Reporting Requirements.--Section 4306B of the
Atomic Energy Defense Act (50 U.S.C. 2569) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively.
(b) Extension of Authority to Accept Certain Contributions.--
Subsection (e) of such section, as so redesignated by subsection (a)(2)
of this section, is amended by striking paragraph (6).
(c) Conforming Amendment.--Section 4309(c)(7) of the Atomic Energy
Defense Act (50 U.S.C. 2575(c)(7)) is amended by striking ``section
3132(f) of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (50 U.S.C. 2569(f))'' and inserting ``with section
4306B(e)''.
SEC. 3119. EXTENSION OF BRIEFING AND REPORTING REQUIREMENTS FOR CERTAIN
NATIONAL NUCLEAR SECURITY ADMINISTRATION CONTRACTS.
Section 4807(f)(1) of the Atomic Energy Defense Act (50 U.S.C.
2787(f)(1)) is amended by striking ``2022'' and inserting ``2032''.
SEC. 3120. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT
PROJECTS.
Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C.
2741(2)) is amended--
(1) in subparagraph (A), by striking ``subparagraphs (B) and
(C)'' and inserting ``subparagraph (B)'';
(2) in subparagraph (B), by striking ``During the period
beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023 and ending on November 30,
2025, the'' and inserting ``The''; and
(3) by striking subparagraph (C).
SEC. 3121. MODIFICATIONS RELATING TO UNFUNDED PRIORITIES OF THE
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by inserting ``or the risk to be
mitigated'' after ``objectives to be achieved''; and
(B) in subparagraph (B), by inserting ``or risk
mitigation'' after ``objectives''; and
(2) in subsection (c)(2), by striking ``fulfill'' and inserting
``address''.
SEC. 3122. LIMITATION ON ESTABLISHING AN ENDURING BIOASSURANCE PROGRAM
WITHIN THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Subtitle B of title XLVIII of the Atomic Energy
Defense Act (50 U.S.C. 2791 et seq.) is amended by adding at the end
the following new section:
``SEC. 4815. LIMITATION ON ESTABLISHING AN ENDURING BIOASSURANCE
PROGRAM WITHIN THE ADMINISTRATION.
``(a) In General.--The Administrator may not establish, administer,
manage, or facilitate a program within the Administration for the
purposes of executing an enduring national security research and
development effort to broaden the role of the Department of Energy in
national biodefense.
``(b) Rule of Construction.--The limitation described in subsection
(a) shall not be interpreted--
``(1) to prohibit the establishment of a bioassurance program
for the purpose of executing enduring national security research
and development in any component of the Department of Energy other
than the Administration or in any other Federal agency; or
``(2) to impede the use of resources of the Administration,
including resources provided by a national security laboratory or a
nuclear weapons production facility site, to support the execution
of a bioassurance program, if such support is provided--
``(A) on a cost-reimbursable basis to an entity that is not
a component of the Department of Energy; and
``(B) in a manner that does not interfere with mission of
such laboratory or facility.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4814 the following new item:
``Sec. 4815. Limitation on establishing an enduring bioassurance program
within the Administration.''.
SEC. 3123. MODIFICATION OF REPORTING REQUIREMENTS FOR URANIUM
CAPABILITIES REPLACEMENT PROJECT.
Section 3123 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 2177) is amended by striking
subsection (g) and inserting the following new subsection:
``(g) Program Accountability Matrices and GAO Assessments.--
``(1) Requirement.--Concurrent with the submission of the
budget of the President (as submitted to Congress pursuant to
section 1105(a) of title 31, United States Code) for fiscal year
2025 and each fiscal year thereafter until the termination date
specified in paragraph (4), the Administrator for Nuclear Security
shall submit to the congressional defense committees and the
Comptroller General of the United States the matrices described in
paragraph (2) relating to the project referred to in subsection
(a).
``(2) Matrices described.--The matrices described in this
subsection are the following:
``(A) Technology maturity matrix.--A matrix that identifies
key milestones, development events, and specific performance
goals for the development of critical technologies relating to
the project referred to in subsection (a).
``(B) Scope, cost, and schedule matrix.--A matrix that
identifies--
``(i) causes of cost growth and schedule slippage, if
any, for the project referred to in subsection (a),
including challenges relating to construction, procurement,
and supply chain issues;
``(ii) the impact of such cost and schedule problems on
current and planned weapons modernization efforts; and
``(iii) the scope, cost, and schedule of activities
funded by the uranium modernization program for the period
of fiscal years 2024 through 2028 as set forth in the
corresponding future-years nuclear security program
submitted to Congress pursuant to section 2453 of title 10,
United States Code.
``(3) GAO assessment.--Not later than 180 days after receiving
the matrices described in paragraph (2), the Comptroller General of
the United States shall--
``(A) assess the progress made on the project referred to
in subsection (a); and
``(B) provide to the congressional defense committees a
briefing on the results of that assessment.
``(4) Termination.--The requirements of this subsection shall
terminate on the date that is one year after the date on which the
project referred to in subsection (a) is completed.''.
SEC. 3124. PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVAL NUCLEAR FUEL
SYSTEMS BASED ON LOW-ENRICHED URANIUM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the National Nuclear Security
Administration may be obligated or expended to conduct research or
development relating to an advanced naval nuclear fuel system based on
low-enriched uranium.
SEC. 3125. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT OR RETIRE
W76-2 WARHEADS.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2024 for the National Nuclear Security
Administration may be obligated or expended to reconvert or retire a
W76-2 warhead.
(b) Waiver.--The Administrator for Nuclear Security may waive the
prohibition under subsection (a) if the Administrator, in consultation
with the Secretary of Defense and the Chairman of the Joint Chiefs of
Staff, certifies in writing to the congressional defense committees
that--
(1) Russia and China do not possess naval capabilities similar
to the W76-2 warhead in the active stockpiles of the respective
countries; and
(2) the Department of Defense does not have a valid military
requirement for the W76-2 warhead.
SEC. 3126. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMITTAL OF
SPEND PLAN FOR DEVELOPMENT OF SEA-LAUNCHED CRUISE MISSILE WARHEAD.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2024 for the Office of the Administrator
for Nuclear Security, not more than 50 percent may be obligated or
expended until the date on which the Administrator submits to the
congressional defense committees the spend plan for the warhead
associated with the sea-launched cruise missile required by section
1642(d) of the National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2946).
SEC. 3127. DEADLINES FOR COMMENCEMENT OF OPERATIONS OF CERTAIN ATOMIC
ENERGY REPLACEMENT PROJECTS.
(a) High Explosive Synthesis, Formulation, and Production
Facility.--
(1) Deadline for commencement of operations.--Project 21-D-510,
the High Explosive Synthesis, Formulation, and Production facility,
shall commence operations by not later than December 31, 2034.
(2) Annual report.--
(A) In general.--The Administrator for Nuclear Security
shall submit to the congressional defense committees, not later
than February 1 of each year until the termination date
specified in subparagraph (B), a report that includes a
comprehensive estimate of the funds necessary, by year, to
achieve the deadline specified in paragraph (1).
(B) Termination date.--The termination date specified in
this subparagraph is the date on which the Administrator
determines that the facility referred to in paragraph (1) has
commenced operations.
(b) Tritium Finishing Facility.--
(1) Deadline for commencement of operations.--Project 18-D-650,
the Tritium Finishing Facility, shall commence operations by not
later than December 31, 2036.
(2) Annual report.--
(A) In general.--The Administrator for Nuclear Security
shall submit to the congressional defense committees, not later
than February 1 of each year until the termination date
specified in subparagraph (B), a report that includes a
comprehensive estimate of the funds necessary, by year, to
achieve the deadline specified in paragraph (1).
(B) Termination date.--The termination date specified in
this subparagraph is the date on which the Administrator
determines that the facility referred to in paragraph (1) has
commenced operations.
SEC. 3128. INTEGRATED SCHEDULE FOR FUTURE-YEARS NUCLEAR SECURITY
PROGRAM.
(a) In General.--The Administrator for Nuclear Security shall--
(1) develop and maintain a high-level milestone schedule
document for all covered construction projects that includes
production infrastructure modernization schedules with weapons
modernization programs; and
(2) for each covered construction project included in the high-
level milestone schedule document under paragraph (1), include in
such document an identification and explanation of the status of
any associated integrated master schedule.
(b) Inclusion in Future-years Nuclear Security Program.--The
milestone schedule document required under subsection (a) shall be
included in the future-years nuclear security program for fiscal year
2025 and each subsequent fiscal year.
(c) Covered Construction Project.--In this section, the term
``covered construction project'' means--
(1) a construction project that is subject to Department of
Energy Order 413.3B, or a successor order; or
(2) a program designated as Enhanced Management A or B under
the Program Execution Instruction of the Office of Defense Programs
of the National Nuclear Security Administration.
Subtitle C--Other Matters
SEC. 3131. U.S. NUCLEAR FUEL SECURITY INITIATIVE.
(a) Short Title.--This section may be cited as the ``Nuclear Fuel
Security Act of 2023''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department should--
(A) support increased domestic production of low-enriched
uranium; and
(B) accelerate efforts to establish a domestic high-assay,
low-enriched uranium enrichment capability; and
(2) if domestic enrichment of high-assay, low-enriched uranium
will not be commercially available at the scale needed in time to
meet the needs of the advanced nuclear reactor demonstration
projects of the Department, the Secretary shall consider and
implement, as necessary--
(A) all viable options to make high-assay, low-enriched
uranium produced from inventories owned by the Department
available in a manner that is sufficient to maximize the
potential for the Department to meet the needs and schedules of
advanced nuclear reactor developers, without impacting existing
Department missions, until such time that commercial enrichment
and deconversion capability for high-assay, low-enriched
uranium exists at a scale sufficient to meet future needs; and
(B) all viable options for partnering with countries that
are allies or partners of the United States to meet those needs
and schedules until that time.
(c) Objectives.--The objectives of this section are--
(1) to support domestic production of low-enriched uranium;
(2) to expeditiously increase domestic production of high-
assay, low-enriched uranium by an annual quantity, and in such
form, determined by the Secretary to be sufficient to meet the
needs of--
(A) advanced nuclear reactor developers; and
(B) the consortium;
(3) to ensure the availability of domestically produced,
converted, enriched, deconverted, and reduced uranium in a quantity
determined by the Secretary, in consultation with U.S. nuclear
energy companies, to be sufficient to address a reasonably
anticipated supply disruption;
(4) to address gaps and deficiencies in the domestic
production, conversion, enrichment, deconversion, and reduction of
uranium by partnering with countries that are allies or partners of
the United States if domestic options are not practicable;
(5) to ensure that, in the event of a supply disruption in the
nuclear fuel market, a reserve of nuclear fuels is available to
serve as a backup supply to support the nuclear nonproliferation
and civil nuclear energy objectives of the Department, including
collaborative research and development activities with other
Federal agencies;
(6) to support enrichment, deconversion, and reduction
technology deployed in the United States; and
(7) to ensure that, until such time that domestic enrichment
and deconversion of high-assay, low-enriched uranium is
commercially available at the scale needed to meet the needs of
advanced nuclear reactor developers, the Secretary considers and
implements, as necessary--
(A) all viable options to make high-assay, low-enriched
uranium produced from inventories owned by the Department
available in a manner that is sufficient to maximize the
potential for the Department to meet the needs and schedules of
advanced nuclear reactor developers; and
(B) all viable options for partnering with countries that
are allies or partners of the United States to meet those needs
and schedules.
(d) Definitions.--In this section:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Associated entity.--The term ``associated entity'' means an
entity that--
(A) is owned, controlled, or dominated by--
(i) the government of a country that is an ally or
partner of the United States; or
(ii) an associated individual; or
(B) is organized under the laws of, or otherwise subject to
the jurisdiction of, a country that is an ally or partner of
the United States, including a corporation that is incorporated
in such a country.
(3) Associated individual.--The term ``associated individual''
means an alien who is a national of a country that is an ally or
partner of the United States.
(4) Consortium.--The term ``consortium'' means the consortium
established under section 2001(a)(2)(F) of the Energy Act of 2020
(42 U.S.C. 16281(a)(2)(F)).
(5) Department.--The term ``Department'' means the Department
of Energy.
(6) High-assay, low-enriched uranium; haleu.--The term ``high-
assay, low-enriched uranium'' or ``HALEU'' means high-assay low-
enriched uranium (as defined in section 2001(d) of the Energy Act
of 2020 (42 U.S.C. 16281(d))).
(7) Low-enriched uranium; leu.--The term ``low-enriched
uranium'' or ``LEU'' means each of--
(A) low-enriched uranium (as defined in section 3102 of the
USEC Privatization Act (42 U.S.C. 2297h)); and
(B) low-enriched uranium (as defined in section 3112A(a) of
that Act (42 U.S.C. 2297h-10a(a))).
(8) Programs.--The term ``Programs'' means--
(A) the Nuclear Fuel Security Program established under
subsection (e)(1);
(B) the American Assured Fuel Supply Program of the
Department; and
(C) the HALEU for Advanced Nuclear Reactor Demonstration
Projects Program established under subsection (e)(3).
(9) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
(10) U.S. nuclear energy company.--The term ``U.S. nuclear
energy company'' means a company that--
(A) is organized under the laws of, or otherwise subject to
the jurisdiction of, the United States; and
(B) is involved in the nuclear energy industry.
(e) Establishment and Expansion of Programs.--The Secretary,
consistent with the objectives described in subsection (c), shall--
(1) establish a program, to be known as the ``Nuclear Fuel
Security Program'', to increase the quantity of HALEU and, if
determined to be necessary after completion of a market evaluation,
LEU produced by U.S. nuclear energy companies;
(2) expand the American Assured Fuel Supply Program of the
Department to ensure the availability of domestically produced,
converted, enriched, deconverted, and reduced uranium in the event
of a supply disruption; and
(3) establish a program, to be known as the ``HALEU for
Advanced Nuclear Reactor Demonstration Projects Program''--
(A) to maximize the potential for the Department to meet
the needs and schedules of advanced nuclear reactor developers
until such time that commercial enrichment and deconversion
capability for HALEU exists in the United States at a scale
sufficient to meet future needs; and
(B) where practicable, to partner with countries that are
allies or partners of the United States to meet those needs and
schedules until that time.
(f) Nuclear Fuel Security Program.--
(1) In general.--In carrying out the Nuclear Fuel Security
Program, the Secretary--
(A) shall--
(i) if determined to be necessary or appropriate based
on the completion of a market evaluation, not later than 90
days after the date of enactment of this Act, take actions,
including cost-shared financial agreements, milestone-based
payments, or other mechanisms, to support commercial
availability of LEU and to promote diversity of supply in
domestic uranium mining, conversion, enrichment, and
deconversion capacity and technologies, including new
capacity, among U.S. nuclear energy companies;
(ii) not later than 180 days after the date of
enactment of this Act, enter into 2 or more contracts with
members of the consortium to begin acquiring not less than
20 metric tons per year of HALEU by December 31, 2027 (or
the earliest operationally feasible date thereafter), from
U.S. nuclear energy companies;
(iii) utilize only uranium produced, converted,
enriched, deconverted, and reduced in--
(I) the United States; or
(II) if domestic options are not practicable, a
country that is an ally or partner of the United
States; and
(iv) to the maximum extent practicable, ensure that the
use of domestic uranium utilized as a result of that
program does not negatively affect the economic operation
of nuclear reactors in the United States; and
(B)(i) may not make commitments under this subsection
(including cooperative agreements (used in accordance with
section 6305 of title 31, United States Code), purchase
agreements, guarantees, leases, service contracts, or any other
type of commitment) for the purchase or other acquisition of
HALEU or LEU unless--
(I) funds are specifically provided for those purposes
in advance in appropriations Acts enacted after the date of
enactment of this Act; or
(II) the commitment is funded entirely by funds made
available to the Secretary from the account described in
subsection (j)(2)(B); and
(ii) may make a commitment described in clause (i) only--
(I) if the full extent of the anticipated costs
stemming from the commitment is recorded as an obligation
at the time that the commitment is made; and
(II) to the extent of that up-front obligation recorded
in full at that time.
(2) Considerations.--In carrying out paragraph (1)(A)(ii), the
Secretary shall consider and, if appropriate, implement--
(A) options to ensure the quickest availability of
commercially enriched HALEU, including--
(i) partnerships between 2 or more commercial
enrichers; and
(ii) utilization of up to 10-percent enriched uranium
as feedstock in demonstration-scale or commercial HALEU
enrichment facilities;
(B) options to partner with countries that are allies or
partners of the United States to provide LEU and HALEU for
commercial purposes;
(C) options that provide for an array of HALEU--
(i) enrichment levels;
(ii) output levels to meet demand; and
(iii) fuel forms, including uranium metal and oxide;
and
(D) options--
(i) to replenish, as necessary, Department stockpiles
of uranium that were intended to be downblended for other
purposes, but were instead used in carrying out activities
under the HALEU for Advanced Nuclear Reactor Demonstration
Projects Program;
(ii) to continue supplying HALEU to meet the needs of
the recipients of an award made pursuant to the funding
opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations; and
(iii) to make HALEU available to other advanced nuclear
reactor developers and other end-users.
(3) Avoidance of market disruptions.--In carrying out the
Nuclear Fuel Security Program, the Secretary, to the extent
practicable and consistent with the purposes of that program, shall
not disrupt or replace market mechanisms by competing with U.S.
nuclear energy companies.
(g) Expansion of the American Assured Fuel Supply Program.--The
Secretary, in consultation with U.S. nuclear energy companies, shall--
(1) expand the American Assured Fuel Supply Program of the
Department by merging the operations of the Uranium Reserve Program
of the Department with the American Assured Fuel Supply Program;
and
(2) in carrying out the American Assured Fuel Supply Program of
the Department, as expanded under paragraph (1)--
(A) maintain, replenish, diversify, or increase the
quantity of uranium made available by that program in a manner
determined by the Secretary to be consistent with the purposes
of that program and the objectives described in subsection (c);
(B) utilize only uranium produced, converted, enriched,
deconverted, and reduced in--
(i) the United States; or
(ii) if domestic options are not practicable, a country
that is an ally or partner of the United States;
(C) make uranium available from the American Assured Fuel
Supply, subject to terms and conditions determined by the
Secretary to be reasonable and appropriate;
(D) refill and expand the supply of uranium in the American
Assured Fuel Supply, including by maintaining a limited reserve
of uranium to address a potential event in which a domestic or
foreign recipient of uranium experiences a supply disruption
for which uranium cannot be obtained through normal market
mechanisms or under normal market conditions; and
(E) take other actions that the Secretary determines to be
necessary or appropriate to address the purposes of that
program and the objectives described in subsection (c).
(h) HALEU for Advanced Nuclear Reactor Demonstration Projects
Program.--
(1) Activities.--On enactment of this Act, the Secretary shall
immediately accelerate and, as necessary, initiate activities to
make available from inventories or stockpiles owned by the
Department and made available to the consortium, HALEU for use in
advanced nuclear reactors that cannot operate on uranium with lower
enrichment levels or on alternate fuels, with priority given to the
awards made pursuant to the funding opportunity announcement of the
Department numbered DE-FOA-0002271 for Pathway 1, Advanced Reactor
Demonstrations, with additional HALEU to be made available to other
advanced nuclear reactor developers, as the Secretary determines to
be appropriate.
(2) Quantity.--In carrying out activities under this
subsection, the Secretary shall consider and implement, as
necessary, all viable options to make HALEU available in quantities
and forms sufficient to maximize the potential for the Department
to meet the needs and schedules of advanced nuclear reactor
developers, including by seeking to make available--
(A) by September 30, 2024, not less than 3 metric tons of
HALEU;
(B) by December 31, 2025, not less than an additional 8
metric tons of HALEU; and
(C) by June 30, 2026, not less than an additional 10 metric
tons of HALEU.
(3) Factors for consideration.--In carrying out activities
under this subsection, the Secretary shall take into
consideration--
(A) options for providing HALEU from a stockpile of uranium
owned by the Department, including--
(i) uranium that has been declared excess to national
security needs during or prior to fiscal year 2023;
(ii) uranium that--
(I) directly meets the needs of advanced nuclear
reactor developers; but
(II) has been previously used or fabricated for
another purpose;
(iii) uranium that can meet the needs of advanced
nuclear reactor developers after removing radioactive or
other contaminants that resulted from previous use or
fabrication of the fuel for research, development,
demonstration, or deployment activities of the Department,
including activities that reduce the environmental
liability of the Department by accelerating the processing
of uranium from stockpiles designated as waste;
(iv) uranium from a high-enriched uranium stockpile
(excluding stockpiles intended for national security
needs), which can be blended with lower assay uranium to
become HALEU to meet the needs of advanced nuclear reactor
developers; and
(v) uranium from stockpiles intended for other purposes
(excluding stockpiles intended for national security
needs), but for which uranium could be swapped or replaced
in time in such a manner that would not negatively impact
the missions of the Department;
(B) options for expanding, or establishing new,
capabilities or infrastructure to support the processing of
uranium from Department inventories;
(C) options for accelerating the availability of HALEU from
HALEU enrichment demonstration projects of the Department;
(D) options for providing HALEU from domestically enriched
HALEU procured by the Department through a competitive process
pursuant to the Nuclear Fuel Security Program established under
subsection (e)(1);
(E) options to replenish, as needed, Department stockpiles
of uranium made available pursuant to subparagraph (A) with
domestically enriched HALEU procured by the Department through
a competitive process pursuant to the Nuclear Fuel Security
Program established under subsection (e)(1); and
(F) options that combine 1 or more of the approaches
described in subparagraphs (A) through (E) to meet the
deadlines described in paragraph (2).
(4) Limitations.--
(A) Certain services.--The Secretary shall not barter or
otherwise sell or transfer uranium in any form in exchange for
services relating to--
(i) the final disposition of radioactive waste from
uranium that is the subject of a contract for sale, resale,
transfer, or lease under this subsection; or
(ii) environmental cleanup activities.
(B) Certain commitments.--In carrying out activities under
this subsection, the Secretary--
(i) may not make commitments under this subsection
(including cooperative agreements (used in accordance with
section 6305 of title 31, United States Code), purchase
agreements, guarantees, leases, service contracts, or any
other type of commitment) for the purchase or other
acquisition of HALEU or LEU unless--
(I) funds are specifically provided for those
purposes in advance in appropriations Acts enacted
after the date of enactment of this Act; or
(II) the commitment is funded entirely by funds
made available to the Secretary from the account
described in subsection (j)(2)(B); and
(ii) may make a commitment described in clause (i)
only--
(I) if the full extent of the anticipated costs
stemming from the commitment is recorded as an
obligation at the time that the commitment is made; and
(II) to the extent of that up-front obligation
recorded in full at that time.
(5) Sunset.--The authority of the Secretary to carry out
activities under this subsection shall terminate on the earlier
of--
(A) the date on which the Secretary notifies Congress that
the HALEU needs of advanced nuclear reactor developers can be
fully met by commercial HALEU suppliers in the United States,
as determined by the Secretary, in consultation with U.S.
nuclear energy companies; and
(B) September 30, 2034.
(i) Domestic Sourcing Considerations.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may only carry out an activity in connection with 1 or
more of the Programs if--
(A) the activity promotes manufacturing in the United
States associated with uranium supply chains; or
(B) the activity relies on resources, materials, or
equipment developed or produced--
(i) in the United States; or
(ii) in a country that is an ally or partner of the
United States by--
(I) the government of that country;
(II) an associated entity; or
(III) a U.S. nuclear energy company.
(2) Waiver.--The Secretary may waive the requirements of
paragraph (1) with respect to an activity if the Secretary
determines a waiver to be necessary to achieve 1 or more of the
objectives described in subsection (c).
(j) Reasonable Compensation.--
(1) In general.--In carrying out activities under this section,
the Secretary shall ensure that any LEU and HALEU made available by
the Secretary under 1 or more of the Programs is subject to
reasonable compensation, taking into account the fair market value
of the LEU or HALEU and the purposes of this section.
(2) Availability of certain funds.--
(A) In general.--Notwithstanding section 3302(b) of title
31, United States Code, revenues received by the Secretary from
the sale or transfer of fuel feed material acquired by the
Secretary pursuant to a contract entered into under clause (i)
or (ii) of subsection (f)(1)(A) shall--
(i) be deposited in the account described in
subparagraph (B);
(ii) be available to the Secretary for carrying out the
purposes of this section, to reduce the need for further
appropriations for those purposes; and
(iii) remain available until expended.
(B) Revolving fund.--There is established in the Treasury
an account into which the revenues described in subparagraph
(A) shall be--
(i) deposited in accordance with clause (i) of that
subparagraph; and
(ii) made available in accordance with clauses (ii) and
(iii) of that subparagraph.
(k) Nuclear Regulatory Commission.--The Nuclear Regulatory
Commission shall prioritize and expedite consideration of any action
related to the Programs to the extent permitted under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) and related statutes.
(l) USEC Privatization Act.--The requirements of section 3112(d)(2)
of the USEC Privatization Act (42 U.S.C. 2297h-10(d)(2)) shall not
apply to activities related to the Programs.
(m) National Security Needs.--The Secretary shall only make
available to a member of the consortium under this section for
commercial use or use in a demonstration project material that the
President has determined is not necessary for national security needs
during or prior to fiscal year 2023, subject to the condition that the
material made available shall not include any material that the
Secretary determines to be necessary for the National Nuclear Security
Administration or any critical mission of the Department.
(n) International Agreements.--This section shall be applied in a
manner consistent with the obligations of the United States under
international agreements.
(o) Report on Civil Nuclear Credit Program.--Not later than 180
days after the date of enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a report that
identifies the anticipated funding requirements for the civil nuclear
credit program described in section 40323 of the Infrastructure
Investment and Jobs Act (42 U.S.C. 18753), taking into account--
(1) the zero-emission nuclear power production credit
authorized by section 45U of the Internal Revenue Code of 1986; and
(2) any increased fuel costs associated with the use of
domestic fuel that may arise from the implementation of that
program.
(p) Supply Chain Infrastructure and Workforce Capacity Building.--
(1) Supply chain infrastructure.--Section 10781(b)(1) of Public
Law 117-167 (commonly known as the ``CHIPS and Science Act of
2022'') (42 U.S.C. 19351(b)(1)) is amended by striking ``and
demonstration of advanced nuclear reactors'' and inserting
``demonstration, and deployment of advanced nuclear reactors and
associated supply chain infrastructure''.
(2) Workforce capacity building.--Section 954(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16274(b)) is amended--
(A) in the subsection heading, by striking ``Graduate'';
(B) by striking ``graduate'' each place it appears;
(C) in paragraph (2)(A), by inserting ``community colleges,
trade schools, registered apprenticeship programs, pre-
apprenticeship programs,'' after ``universities,'';
(D) in paragraph (3), by striking ``2021 through 2025'' and
inserting ``2023 through 2027'';
(E) by redesignating paragraph (3) as paragraph (4); and
(F) by inserting after paragraph (2) the following:
``(A) Focus areas.--In carrying out the subprogram under
this subsection, the Secretary may implement traineeships in
focus areas that, in the determination of the Secretary, are
necessary to support the nuclear energy sector in the United
States, including--
``(i) research and development;
``(ii) construction and operation;
``(iii) associated supply chains; and
``(iv) workforce training and retraining to support
transitioning workforces.''.
SEC. 3132. UPDATED FINANCIAL INTEGRATION POLICY.
Not later than 180 days after the date of the enactment of this
Act, the Administrator for Nuclear Security shall issue an updated
financial integration policy, which shall include the following:
(1) Updated responsibilities for offices of the National
Nuclear Security Administration and requirements for management and
operating contractors, including contractors at sites that are not
sites of the Administration.
(2) Guidance for how offices of the Administration should use
common financial data, including guidance requiring that such data
be used as the primary source of financial data by program offices,
to the extent practicable.
(3) Processes recommended by the Government Accountability
Office to improve financial integration efforts of the
Administration, including an internal process to verify how
management and operating contractors crosswalk data from their
systems to the appropriate work breakdown structure of the
Administration and apply common cost element definitions.
(4) Any other matters the Administrator considers appropriate.
SEC. 3133. PLAN FOR DOMESTIC ENRICHMENT CAPABILITY TO SATISFY
DEPARTMENT OF DEFENSE URANIUM REQUIREMENTS.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Administrator of the National Nuclear
Security Administration shall submit to the congressional defense
committees a report that contains a plan to establish a domestic
enrichment capability sufficient to meet defense requirements for
enriched uranium. Such plan shall include--
(1) a description of defense requirements for enriched uranium
expected to be necessary between the date of the enactment of this
Act and 2060 to meet the requirements of the Department of Defense,
including quantities, material assay, and the dates by which new
enrichment is required;
(2) key milestones, steps, and policy decisions required to
achieve the domestic uranium enrichment capability;
(3) the dates by which such key milestones are to be achieved;
(4) a funding profile, broken down by project and sub-project,
for obtaining such capability;
(5) a description of any changes in the requirement of the
Department of Defense for highly enriched uranium due to AUKUS; and
(6) any other elements or information the Administrator
determines appropriate.
(b) Annual Certification Requirement.--
(1) In general.--Not later than February 1 of each year after
the year during which the report required by subsection (a) is
submitted until the date specified in paragraph (2), the
Administrator shall submit to the congressional defense committees
a certification that--
(A) the Administration is in compliance with the plan and
milestones contained in the report; or
(B) the Administration is not in compliance with such plan
or milestones, together with--
(i) a description of the nature of the non-compliance;
(ii) the reasons for the non-compliance; and
(iii) a plan to achieve compliance.
(2) Termination date.--No report shall be required under
paragraph (1) after the date on which the Administrator certifies
to the congressional defense committees that the final key
milestone under the plan has been met.
(c) Form of Reports.--The report under subsection (a) and each
annual certification under subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 3134. BRIEFINGS ON IMPLEMENTATION OF ENHANCED MISSION DELIVERY
INITIATIVE.
(a) Briefings Required.--Concurrent with the submission of the
budget of the President to Congress under section 1105(a) of title 31,
United States Code, for each of fiscal years 2025 through 2029, the
Administrator for Nuclear Security, acting through the Director for
Cost Estimating and Program Evaluation, shall provide to the
congressional defense committees a briefing on the status of the
implementation of the 18 principal recommendations and associated
subelements of such recommendations set forth in the report titled
``Evolving the Nuclear Security Enterprise: A Report of the Enhanced
Mission Delivery Initiative'', published by the National Nuclear
Security Administration in September 2022.
(b) Elements.--Each briefing required by subsection (a) shall
address--
(1) the status of the implementation of each recommendation
described in subsection (a);
(2) with respect to each recommendation that has been
implemented, whether the outcome of such implementation is
achieving the desired result;
(3) with respect to each recommendation that has not been
implemented, the reason for not implementing such recommendation;
(4) whether additional legislation is required in order to
implement a recommendation; and
(5) such other matters as the Administrator considers
necessary.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2024,
$47,230,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $13,010,000 for fiscal year 2024 for the purpose of
carrying out activities under chapter 869 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for Maritime Administration.
Subtitle B--Maritime Infrastructure
Sec. 3511. Port infrastructure development program eligible projects.
Sec. 3512. Assistance for small inland river and coastal ports and
terminals.
Sec. 3513. Port infrastructure development program: eligibility of shore
power projects; selection criteria.
Sec. 3514. Codification of existing language; technical amendments.
Subtitle C--Reports
Sec. 3521. Reports on maritime industry, policies, and programs.
Sec. 3522. Reports on availability of used sealift vessels and the
scrapping and recycling of imported vessels.
Sec. 3523. Study on foreign ownership and control of marine terminals.
Sec. 3524. Reports to Congress.
Subtitle D--Other Matters
Sec. 3531. Cargoes procured, furnished, or financed by the United States
Government.
Sec. 3532. Recapitalization of National Defense Reserve Fleet.
Sec. 3533. United States Merchant Marine Academy and Coast Guard Academy
matters; Maritime Administration requirements.
Sec. 3534. Maritime workforce working group.
Sec. 3535. Consideration of life-cycle cost estimates for acquisition
and procurement of vessels.
Sec. 3536. Loans for retrofitting to qualify as a vessel of the United
States.
Sec. 3537. Accountability for National Maritime Strategy.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to the
Department of Transportation for fiscal year 2024, for programs
associated with maintaining the United States Merchant Marine, the
following amounts:
(1) For expenses necessary to support the United States
Merchant Marine Academy, $198,500,000, of which--
(A) $103,500,000 shall be for Academy operations;
(B) $70,000,000 shall be for United States Merchant Marine
Academy capital improvement projects;
(C) $22,000,000 shall be for facilities maintenance and
repair and equipment; and
(D) $3,000,000 shall be for training, staffing, retention,
recruiting, and contract management for United States Merchant
Marine Academy capital improvement projects.
(2) For expenses necessary to support the State maritime
academies, $66,580,000, of which--
(A) $4,480,000 shall be for the Student Incentive Payment
Program;
(B) $6,000,000 shall be for direct payments for State
maritime academies;
(C) $17,600,000 shall be for training ship fuel assistance;
(D) $8,000,000 shall be for offsetting the costs of
training ship sharing; and
(E) $30,500,000 shall be for maintenance and repair of
State maritime academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel program, including funds for construction and
necessary expenses to construct shoreside infrastructure to support
such vessels, $75,000,000.
(4) For expenses necessary to support Maritime Administration
operations and programs, $105,573,000, of which--
(A) $15,000,000 shall be for the maritime environmental and
technical assistance under section 50307 of title 46, United
States Code;
(B) $15,000,000 shall be for the United States marine
highways program, including to make grants authorized under
section 55601 of title 46, United States Code;
(C) $74,773,000 shall be for headquarters operations
expenses; and
(D) $800,000 shall be for expenses necessary to provide for
National Defense Reserve Fleet resiliency.
(5) For expenses necessary for the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime
Administration, $6,021,000.
(6) For expenses necessary to maintain and preserve a United
States flag merchant marine to serve the national security needs of
the United States under chapter 531 of title 46, United States
Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$43,020,000, of which--
(A) $40,000,000 may be for the cost (as such term is
defined in section 502(5) of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a(5)) of loan guarantees under the program;
and
(B) $3,020,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs authorized under
section 54101 of title 46, United States Code, $30,000,000.
(9) For expenses necessary to implement the port infrastructure
development program, as authorized under section 54301 of title 46,
United States Code, $500,000,000, to remain available until
expended, except that no such funds authorized under this title for
this program may be used to provide a grant to purchase fully
automated cargo handling equipment that is remotely operated or
remotely monitored with or without the exercise of human
intervention or control, if the Secretary of Transportation
determines such equipment would result in a net loss of jobs within
a port or port terminal. If such a determination is made, the data
and analysis for such determination shall be reported to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives not later than 3 days after the date of the
determination.
(10) For expenses necessary to implement the development of a
national maritime strategy, as required by section 3542 of the
James M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263; 136 Stat. 3094), $2,000,000, to remain
available until expended.
(11) For expenses necessary for the design of a vessel for the
National Defense Reserve Fleet, as required by section 3546 of the
James M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263; 46 U.S.C. 57100 note), $6,000,000, to
remain available until expended.
(b) Student Incentive Payment Agreements.--Section 51509(b) of
title 46, United States Code, is amended--
(1) in paragraph (1), by striking ``$8,000'' and inserting
``$16,000''; and
(2) in paragraph (2), by striking ``$32,000'' and inserting
``$64,000''.
Subtitle B--Maritime Infrastructure
SEC. 3511. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM ELIGIBLE PROJECTS.
Section 54301(a)(3)(A)(ii) of title 46, United States Code, is
amended--
(1) in subclause (III), by striking ``or'' at the end;
(2) in subclause (IV)(ii), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new subclause:
``(V) port and port-related infrastructure that
supports seafood and seafood-related businesses,
including the loading and unloading of commercially
harvested fish and fish products, seafood processing,
cold storage, and other related infrastructure.''.
SEC. 3512. ASSISTANCE FOR SMALL INLAND RIVER AND COASTAL PORTS AND
TERMINALS.
(a) In General.--Section 54301(b) of title 46, United States Code,
is amended--
(1) in paragraph (1), by striking ``the findings of which are
acceptable to the Secretary'';
(2) by redesignating paragraphs (2) through (5) as paragraphs
(4) through (7), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Independent audit.--
``(A) In general.--If an eligible applicant provides data
by an independent audit for purposes of paragraph (1), the
Secretary shall use such data to make a tonnage determination
if the Secretary determines that it is acceptable to use such
data instead of using Corps of Engineers data.
``(B) Acceptable use of data.--For purposes of subparagraph
(A), an acceptable use of data means that the Secretary has
determined such data is a reasonable substitute for Army Corps
data.
``(C) Justification.--If the Secretary makes a
determination pursuant to subparagraph (A) that it is not
acceptable to use independent audit data provided by an
eligible applicant, the Secretary shall provide the eligible
applicant with notification of, and justification for, such
determination.
``(3) Tonnage determination.--In making a determination of the
average annual tonnage of cargo using Corps of Engineers data for
purposes of evaluating an application of an eligible applicant
pursuant to paragraph (1), the Secretary shall use data that is
specific to the eligible applicant.''.
(b) Conforming Amendment.--Section 54301(a)(7)(C)(ii) of title 46,
United States Code, is amended by striking ``subsection
(b)(3)(A)(ii)(III)'' and inserting ``subsection (b)(5)(A)(ii)(III)''.
SEC. 3513. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM: ELIGIBILITY OF
SHORE POWER PROJECTS; SELECTION CRITERIA.
(a) Eligibility of Shore Power Projects.--
(1) In general.--In making port infrastructure development
grants under section 54301 of title 46, United States Code, for
fiscal year 2024, the Secretary of Transportation shall treat a
project described in paragraph (2) as--
(A) having met the requirements of paragraphs (1) and
(6)(A)(i) of section 54301(a) of such title; and
(B) being an eligible project under section 54301(a)(3) of
such title.
(2) Project described.--A project described in this paragraph
is a project to provide shore power at a port that services both of
the following:
(A) Passenger vessels described in section 3507(k) of title
46, United States Code.
(B) Vessels that move goods or freight.
(b) Selection Criteria.--Section 54301(a)(6) of title 46, United
States Code, is amended--
(1) in subparagraph (A)(ii), by inserting ``(except in the case
of a project described under subparagraph (C))'' after
``effective'';
(2) in subparagraph (B)(ii), by inserting ``(except in the case
of a project described under subparagraph (C))'' after ``as
applicable''; and
(3) by adding at the end, the following:
``(C) Noncontiguous states and territories.--The
requirements under subparagraphs (A)(ii) and (B)(ii) shall not
apply in the case of a project described in paragraph (3) in a
noncontiguous State or territory.''.
SEC. 3514. CODIFICATION OF EXISTING LANGUAGE; TECHNICAL AMENDMENTS.
(a) Port Infrastructure Development Program.--
(1) Strategic seaports.--
(A) In general.--Section 3505(a)(1) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 46
U.S.C. 50302 note) is--
(i) transferred to appear after section 54301(a)(6)(B)
of title 46, United States Code;
(ii) redesignated as subparagraph (C); and
(iii) amended by striking ``Under the port
infrastructure development grant program established under
section 50302(c) of title 46, United States Code'' and
inserting ``In selecting projects described in paragraph
(3)''.
(B) Strategic seaport defined.--Section 3505(a)(2) of such
Act is transferred to appear after section 54301(a)(12)(D) of
title 46, United States Code, and redesignated as subparagraph
(E).
(C) Repeal.--Section 3505(a) of such Act is repealed.
(2) Determination of effectiveness.--Section 54301(b)(5)(B) of
title 46, United States Code, is amended by striking ``subsection
(c)(6)(A)'' and inserting ``subsection (a)(6)(A)''.
(b) Transfer of Improvements to Process for Waiving Navigation and
Inspection Laws.--Section 3502(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 is--
(1) amended--
(A) by striking ``For fiscal year 2020 and each subsequent
fiscal year, the'' and inserting ``The''; and
(B) by striking ``section 56101 of title 46, United States
Code,'' and inserting ``this section'';
(2) transferred to appear after section 56101(e) of title 46,
United States Code; and
(3) redesignated as subsection (f).
(c) Chapter Analysis.--The analysis for chapter 503 of title 46,
United States Code, is amended in the item relating to section 50308 by
striking ``Port development; maritime transportation system emergency
relief program'' and inserting ``Maritime transportation system
emergency relief program''.
(d) Vessel Operations Revolving Fund.--Section 50301(b) of title
46, United States Code, is amended by striking ``(50 App. U.S.C.
1291(a), (c), 1293(c), 1294)'' and inserting ``(50 U.S.C. 4701(a), (c),
4703(c), 4704)''.
(e) Maritime Transportation System Emergency Relief Program.--
Section 50308 of title 46, United States Code, is amended--
(1) in subsection (a)(2)(B), by striking ``Federal Emergency
Management Administration'' and inserting ``Federal Emergency
Management Agency''; and
(2) in subsection (j)(4)(A), by striking ``Federal Emergency
Management Administration'' and inserting ``Federal Emergency
Management Agency''.
(f) Marine Highways.--The analysis for subtitle V of title 46,
United States Code, is amended in the item relating to chapter 556 by
striking ``SHORT SEA TRANSPORTATION'' and inserting ``MARINE
HIGHWAYS''.
(g) Chapter 537.--The analysis for chapter 537 of title 46, United
States Code, is amended by striking the item relating to section 53703
and inserting the following:
``53703. Application and administration.''.
(h) Chapter 541.--The analysis for chapter 541 of title 46, United
States Code, is amended to read as follows:
``Chapter 541--MISCELLANEOUS
``Sec.
``54101. Assistance for small shipyards.''.
(i) Techical Amendment.--Section 11328(b) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263) is amended by striking ``Maritime'' and inserting ``Marine''.
(j) National Defense Reserve Fleet Obsolete Vessel.--
(1) Definition of obsolete vessels.--Chapter 571 of title 46,
United States Code, is amended--
(A) by redesignating section 57111 as section 57110; and
(B) by adding at the end the following:
``Sec. 57111. Definition of obsolete vessel
``In this chapter, the term `obsolete vessel' means a vessel that--
``(1) is or will be in the custody and control of the Maritime
Administration for purposes of disposing of the vessel; and
``(2) has been determined by the Secretary of Transportation to
be of insufficient value, with respect to the programs of the
Maritime Administration, to warrant--
``(A) preserving for future use or spare parts harvesting;
or
``(B) retaining in the National Defense Reserve Fleet.''.
(2) National defense reserve fleet vessel status.--Section
57100(g) of title 46, United States Code, is amended by striking
``of insufficient value to remain in the National Defense Reserve
Fleet'' and inserting ``an obsolete vessel''.
(3) Placement of vessels in national defense reserve fleet.--
Section 57101(b) of title 46, United States Code, is amended by
inserting ``, or section 308704 of title 54'' before the period at
the end.
(4) Disposition of vessels.--Section 57102 of title 46, United
States Code, is amended--
(A) in the heading, by striking ``not worth preserving'';
(B) in subsection (a), by striking ``owned by the Maritime
Administration'' and all that follows through the period at the
end and inserting ``is an obsolete vessel, the Secretary may
dispose of such vessel (by sale or by purchase of disposal
services).''; and
(C) in subsection (b), by striking ``on the basis of
competitive sealed bids, after an appraisal and due
advertisement'' and inserting ``on a best value basis''.
(5) Donation of vessels in the national defense reserve
fleet.--Section 57103 of title 46, United States Code, is amended--
(A) in the heading, by striking ``nonretention''; and
(B) in subsection (a), by striking ``of insufficient value
to warrant its further preservation''.
(6) Technical and conforming amendments.--The analysis for
chapter 571 of title 46, United States Code, is amended--
(A) by striking the item relating to section 57102 and
inserting the following:
``Disposition of vessels.'';
(B) by striking the item relating to section 57103 and
inserting the following:
``Donation of vessels in the National Defense Reserve Fleet.'';
(C) by redesignating the item relating to section 57111 as
the item relating to section 57110; and
(D) by adding at the end the following:
``57111. Definition of obsolete vessel.''.
(k) Deepwater Ports.--
(1) Declaration of policy.--Section 2 of the Deepwater Port Act
of 1974 (33 U.S.C. 1501) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``(a) It'' and all that follows through ``to--'' and
inserting the following:
``(a) Purposes.--The purposes of this Act are--'';
(ii) in each of paragraphs (1) through (6)--
(I) by inserting ``to'' after the paragraph
designation; and
(II) by indenting the paragraphs appropriately;
(iii) in paragraph (2), by striking ``such ports'' and
inserting ``deepwater ports'';
(iv) in paragraph (5)--
(I) by striking ``continental shelf'' and inserting
``Continental Shelf''; and
(II) by striking ``attendant thereto'' and
inserting ``associated with that traffic''; and
(v) in paragraph (6), by striking ``continental shelf''
each place it appears and inserting ``Continental Shelf'';
and
(B) in subsection (b), by striking the subsection
designation and all that follows through ``to affect'' and
inserting the following:
``(b) Effect of Act.--Nothing in this Act affects''.
(2) Definitions.--Section 3 of the Deepwater Port Act of 1974
(33 U.S.C. 1502) is amended--
(A) by striking the section designation and heading and all
that follows through ``the term--'' in the matter preceding
paragraph (1) and inserting the following:
``SEC. 3. DEFINITIONS.
``In this Act:'';
(B) in each of paragraphs (1) through (17)--
(i) by inserting ``The term'' after the paragraph
designation;
(ii) by inserting a paragraph heading, the text of
which comprises the term defined in that paragraph; and
(iii) by striking the semicolon at the end of the
paragraph and inserting a period;
(C) in paragraph (2), by striking ``section 5(c)(2)(A) or
(B)'' and inserting ``subparagraph (A) or (B) of section
5(c)(2)'';
(D) in each of paragraphs (18) and (19)--
(i) by inserting ``The term'' after the paragraph
designation; and
(ii) by inserting a paragraph heading, the text of
which comprises the term defined in that paragraph; and
(E) in paragraph (18), by striking ``; and'' at the end and
inserting a period.
(3) Licenses for ownership, construction, and operation of
deepwater ports.--Section 4 of the Deepwater Port Act of 1974 (33
U.S.C. 1503) is amended--
(A) in subsection (c)--
(i) in each of paragraphs (1) through (7), by striking
``he'' after the paragraph designation and inserting ``the
Secretary'';
(ii) in paragraph (1), by adding a semicolon at the
end; and
(iii) in paragraph (8)--
(I) by striking ``the adjacent'' and inserting
``each adjacent'';
(II) by striking ``of States, pursuant to section 9
of this Act,'';
(III) by inserting ``the'' before ``issuance''; and
(IV) by inserting ``pursuant to section 9(b)(1), if
applicable'' before ``; and'';
(B) in subsection (e)--
(i) in paragraph (1), in the second sentence--
(I) by striking ``requirements of this title'' and
inserting ``requirements of this Act'';
(II) by striking ``section 10(a) of this title''
and inserting ``section 10(a)''; and
(III) by striking the semicolon and inserting a
comma;
(ii) in paragraph (2)(B), by striking ``he will
comply'' and inserting ``the licensee or transferee will
comply''; and
(iii) in paragraph (3)--
(I) in the first sentence, by striking ``he deems
necessary to assure'' and inserting ``the Secretary
determines to be necessary to ensure'';
(II) in the second sentence, by striking ``he
finds'' and inserting ``the Secretary finds''; and
(III) in the third sentence--
(aa) by striking ``he determines'' and
inserting ``the Secretary determines'';
(bb) by striking ``(67 Stat. 462)'' and
inserting ``(43 U.S.C. 1331 et seq.)''; and
(cc) by striking ``terms'' and all that follows
through the period at the end and inserting ``terms
of that Act.''; and
(C) in subsection (f), by striking ``this title'' and
inserting ``this Act''.
(4) Procedure.--Section 5 of the Deepwater Port Act of 1974 (33
U.S.C. 1504) is amended--
(A) in subsection (c)--
(i) by striking the subsection designation and all that
follows through the end of paragraph (1) and inserting the
following:
``(c) Applications.--
``(1) Requirements.--
``(A) In general.--Each person that submits to the
Secretary an application shall include in the application a
detailed plan that contains all information required under
paragraph (2).
``(B) Action by secretary.--Not later than 21 days after
the date of receipt of an application, the Secretary shall--
``(i) determine whether the application contains all
information required under paragraph (2); and
``(ii)(I) if the Secretary determines that such
information is contained in the application, not later than
5 days after making the determination, publish in the
Federal Register--
``(aa) a notice of the application; and
``(bb) a summary of the plans; or
``(II) if the Secretary determines that all required
information is not contained in the application--
``(aa) notify the applicant of the applicable
deficiencies; and
``(bb) take no further action with respect to the
application until those deficiencies have been
remedied.
``(C) Applicability.--On publication of a notice relating
to an application under subparagraph (B)(ii)(I), the Secretary
shall be subject to subsection (f).''; and
(ii) in paragraph (2)--
(I) by striking ``of this paragraph'' each place it
appears;
(II) by striking the paragraph designation and all
that follows through ``to--'' in the matter preceding
subparagraph (A) and inserting the following:
``(2) Inclusions.--Each application shall include such
financial, technical, and other information as the Secretary
determines to be necessary or appropriate, including--''; and
(III) by indenting subparagraphs (A) through (M)
appropriately;
(B) in subsection (g), in the last sentence, by striking
``section 5(c) of this Act'' and inserting ``subsection (c)'';
(C) in subsection (h)--
(i) by striking ``(h)(1) Each'' and inserting the
following:
``(h) Fees.--
``(1) Requirement.--
``(A) In general.--Each'';
(ii) in subparagraph (A) of paragraph (1) (as so
designated), in the second sentence, by striking ``In
addition'' and inserting the following:
``(B) Reimbursement.--In addition to a fee under
subparagraph (A)''; and
(iii) in paragraph (2)--
(I) by striking the last sentence;
(II) by striking ``(2) Notwithstanding'' and
inserting the following:
``(2) Usage fees.--
``(A) Definition of directly related land-based facility.--
In this paragraph, the term `directly related land-based
facility', with respect to a deepwater port facility, means an
onshore tank farm and any pipelines connecting the tank farm to
the deepwater port facility.
``(B) Authorization.--Notwithstanding''; and
(III) in subparagraph (B) (as so designated)--
(aa) in the fourth sentence, by striking ``Such
fees'' and inserting the following:
``(E) Approval.--A fee established under this paragraph'';
(bb) in the third sentence--
(AA) by striking ``such'' each place it
appears and inserting ``the applicable''; and
(BB) by striking ``Fees under'' and
inserting the following:
``(D) Amount.--The amount of a fee established under''; and
(cc) in the second sentence--
(AA) by striking ``such'' each place it
appears and inserting ``the applicable''; and
(BB) by striking ``Fees may be fixed under
authority of this paragraph'' and inserting the
following:
``(C) Treatment.--A fee may be established pursuant to this
paragraph''; and
(iv) in paragraph (3)--
(I) by striking ``Outer'' and inserting ``outer'';
and
(II) by striking ``(3) A licensee'' and inserting
the following:
``(3) Rental payment.--A licensee'';
(D) in subsection (i)--
(i) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by inserting ``First,'' after the
subparagraph designation; and
(bb) by striking the semicolon at the end and
inserting a period;
(II) in subparagraph (B)--
(aa) by inserting ``Second,'' after the
subparagraph designation; and
(bb) by striking the semicolon at the end and
inserting a period; and
(III) in subparagraph (C), by inserting ``Third,''
after the subparagraph designation;
(ii) in paragraph (3)--
(I) in subparagraph (C), by striking ``(C) any''
and inserting the following:
``(D) Any'';
(II) in subparagraph (B)--
(aa) by striking ``; and'' at the end and
inserting a period; and
(bb) by striking ``(B) any'' and inserting the
following:
``(C) Any'';
(III) in subparagraph (A)--
(aa) by striking ``section 6 of this Act;'' and
inserting ``section 6.''; and
(bb) by striking ``(A) the degree'' and
inserting the following:
``(A) The degree''; and
(IV) by inserting after subparagraph (A) the
following:
``(B) National security, including an assessment of the
implications for the national security of the United States or
an allied country (as that term is defined in section
2350f(d)(1) of title 10, United States Code) of the United
States.''; and
(iii) in paragraph (4)--
(I) by striking the second sentence and inserting
the following:
``(B) Effect of failure to determine.--If the Secretary
fails to approve or deny an application for a deepwater port
for natural gas by the applicable deadline under subparagraph
(A), the reporting requirements under paragraphs (1), (2), and
(3) shall not apply to the application.''; and
(II) in the matter preceding subparagraph (B) (as
so added), by striking ``(4) The Secretary'' and
inserting the following:
``(4) Applications for deepwater ports for natural gas.--
``(A) Deadline for determination.--The Secretary'';
(E) in subsection (j)(1), by striking ``of
Transportation''; and
(F) by adding at the end the following:
``(k) Transparency in Issuance of Licenses and Permits.--
``(1) Definition of applicable deadline.--In this subsection,
the term `applicable deadline', with respect to an applicant, means
the deadline or date applicable to the applicant under any of the
following:
``(A) Section 4(c)(6).
``(B) Section 4(d)(3).
``(C) Subsection (c)(1)(B) (including clause (ii)(I) of
that subsection).
``(D) Subsection (d)(3).
``(E) Paragraph (1) or (2) of subsection (e).
``(F) Subsection (g).
``(G) Paragraph (1) or (4)(A) of subsection (i).
``(2) Suspensions and delays.--If the Secretary suspends or
delays an applicable deadline, the Secretary shall submit to the
applicant, and publish in the Federal Register, a written
statement--
``(A) describing the reasons for the suspension or delay;
``(B) describing and requesting any information necessary
to issue the applicable license or permit and the status of
applicable license or permit application at the lead agency and
any cooperating agencies; and
``(C) identifying the applicable deadline with respect to
the statement.
``(3) Applicant rights to technical assistance.--
``(A) In general.--An applicant that receives a statement
under paragraph (2) may submit to the Secretary a request for a
meeting with appropriate personnel of the Department of
Transportation and representatives of each cooperating Federal
agency, as appropriate, determined by the Secretary to be
relevant with respect to the application, including such
officials as are appropriate, who shall provide technical
assistance, status, process, and timeline updates and
additional information as necessary.
``(B) Timing.--A meeting requested under clause (i) shall
be held not later than 30 days after the date on which the
Secretary receives the request under that clause.
``(4) Requirements.--On receipt of a request under paragraph
(3)(A), and not less frequently than once every 30 days thereafter
until the date on which the application process is no longer
suspended or delayed, the Secretary shall submit a notice of the
delay, including a description of the time elapsed since the
applicable deadline and the nature and circumstances of the
applicable suspension or delay, to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
``(5) Briefing.--If the Secretary suspends or delays an
applicable deadline, not later than 120 days after that applicable
deadline, and not less frequently than once every 120 days
thereafter until the date on which the application process is no
longer suspended or delayed, the Secretary (or a designee of the
Secretary) shall provide a briefing regarding the time elapsed
since the applicable deadline and the nature and circumstances of
the applicable suspension or delay to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Transportation and Infrastructure of
the House of Representatives.''.
(5) Review criteria.--Section 6 of the Deepwater Port Act of
1974 (33 U.S.C. 1505) is amended--
(A) in subsection (a), by striking ``(a) The Secretary''
and inserting the following:
``(a) Establishment.--The Secretary'';
(B) in subsection (b)--
(i) by striking ``of this section''; and
(ii) by striking ``(b) The Secretary'' and inserting
the following:
``(b) Review and Revision.--The Secretary''; and
(C) in subsection (c)--
(i) by striking ``concurrently with the regulations in
section 5(a) of this Act and in accordance with the
provisions of that subsection'' and inserting
``concurrently with the regulations promulgated pursuant to
section 5(a) and in accordance with that section''; and
(ii) by striking ``(c) Criteria'' and inserting the
following:
``(c) Requirement.--The criteria''.
(6) Adjacent coastal states.--Section 9 of the Deepwater Port
Act of 1974 (33 U.S.C. 1508) is amended--
(A) by striking subsection (a) and inserting the following:
``(a) Designation.--In issuing a notice relating to an application
for a deepwater port under section 5(c)(1)(B)(ii)(I), the Secretary
shall designate as an adjacent coastal State, with respect to the
deepwater port, any coastal State that would be--
``(1) directly connected by pipeline to that deepwater port; or
``(2) located within 15 miles of that deepwater port.''; and
(B) in subsection (b)--
(i) by striking ``(b)(1) Not later than 10 days after
the designation of adjacent coastal States pursuant to this
Act'' and inserting the following:
``(b) Input From Adjacent Coastal States and Other Interested
States.--
``(1) Submission of applications to governors for approval.--
``(A) In general.--Not later than 10 days after the date on
which the Secretary designates adjacent coastal States under
subsection (a) with respect to a deepwater port proposed in an
application'';
(ii) in paragraph (1)(A) (as so designated)--
(I) in the fourth sentence, by striking ``If the
Governor'' and inserting the following:
``(D) Inconsistency with certain state programs.--If the
Governor of an adjacent coastal State'';
(II) in the third sentence, by striking ``If the
Governor fails to transmit his'' and inserting the
following:
``(C) Presumed approval.--If the Governor of an adjacent
coastal State fails to transmit a required''; and
(III) in the second sentence, by striking ``The
Secretary'' and inserting the following:
``(B) Prohibition.--The Secretary''; and
(iii) in paragraph (2)--
(I) by striking ``(2) Any other interested State''
and inserting the following:
``(2) Other interested states.--Any other State with an
interest relating to a deepwater port proposed in an application'';
and
(II) by striking ``a deepwater port'' and inserting
``the deepwater port''.
Subtitle C--Reports
SEC. 3521. REPORTS ON MARITIME INDUSTRY, POLICIES, AND PROGRAMS.
(a) Report on Administration of Programs.--
(1) In general.--Chapter 553 of title 46, United States Code,
is amended by inserting before section 55302 the following:
``Sec. 55301. Report on administration of programs by other Federal
departments and agencies
``(a) In General.--The Administrator of the Maritime Administration
shall annually submit to Congress a report on the administration by--
``(1) the Department of Defense of section 2631 of title 10;
and
``(2) other Federal departments and agencies of programs the
Administrator determines are subject to section 55305 of this
title.
``(b) Contents.--Each annual report required under subsection (a)
shall include, for each Federal department or agency that administers a
program covered by the report--
``(1) the gross tonnage of cargo (equipment, materials, or
agricultural products), expressed by type of cargo, transported on
United States flag vessels as compared to on foreign vessels; and
``(2) the total number of United States flag vessels and total
number of foreign vessels contracted by each department or agency.
``(c) Agency Reporting Requirements.--Not later than January 31 of
each year, the head of each Federal department or agency that
administers a program covered by a report required under subsection (a)
shall submit to the Administrator of the Maritime Administration the
information described in subsection (b) for that department or
agency.''.
(2) Clerical amendment.--The analysis for chapter 553 of title
46, United States Code, is amended by inserting before the item
relating to section 55302 the following new item:
``55301. Report on administration of programs by other Federal
departments and agencies.''.
(b) Report on Survey of United States Shipbuilding and Repair
Facilities.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter for each of the
subsequent four fiscal years, the Secretary of Transportation, in
consultation with the Secretary of Defense, the Administrator of
the Maritime Administration, and the Commandant of the Coast Guard,
shall submit to the appropriate committees of Congress a report
that includes a survey of United States shipbuilding and repair
facilities.
(2) Contents.--Each report required under paragraph (1) shall
include an identification of all requirements for a survey of
United States shipbuilding and repair facilities in accordance with
sections 50102 and 50103 of title 46, United States Code, and
section 502(f) of the Merchant Marine Act of 1936 (46 U.S.C. 53101
note).
(3) Public availability.--At the time the Secretary of
Transportation submits to the appropriate congressional committees
a report under paragraph (1), the Secretary shall make the report,
and all report data, publicly available on an appropriate website.
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Armed Services of the House of
Representatives.
(c) Report on Port Preferences for US-flag Vessels.--Not later than
one year after the date of the enactment of this Act, the Administrator
of the Maritime Administration shall submit to Congress a report on the
preference, if any, afforded by each port authority or marine terminal
operator, as applicable, to vessels documented under the laws of the
United States, including such vessels--
(1) operated by an armed force (as such term is defined in
section 101(4) of title 10, United States Code);
(2) participating in the Maritime Security Program or the
Emergency Preparedness Program under chapter 531 of title 46,
United States Code, the Cable Security Fleet under chapter 532 of
such title, the Tanker Security Fleet under chapter 534 of such
title, or the National Defense Reserve Fleet under section 57100 of
such title; or
(3) with a coastwise endorsement under chapter 121 of title 46,
United States Code.
(d) Report on Increasing Effectiveness of Marine Highways.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Maritime
Administration shall complete and make publicly available on an
appropriate website a study that identifies opportunities for, and
barriers to, increasing the effectiveness of marine highways
designated under section 55601 of title 46, United States Code, in
addressing two or more of the components described in clauses (i),
(ii), and (iv) of subparagraphs (A) and subparagraph (B) of section
50307(a)(2) of title 46, United States Code.
(2) Pilot program.--Beginning on the date that is 120 days
after the date of the completion of the study required under
paragraph (1), the Administrator shall carry out a one-year pilot
program under which the Administrator shall select one marine
highway project and implement the findings of the study with
respect to that project.
(3) Final report.--Not later than 90 days after the completion
of the pilot program under paragraph (3), the Administrator shall
provide to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, a briefing on the
lessons learned from the pilot program, any recommendations based
on feedback from maritime stakeholders, States, Indian Tribes,
nonprofit organizations, and other stakeholders, and
recommendations for establishing future marine highways in the
United States.
(e) Study on Availability of Federal Student Aid for Mariner
Training.--
(1) In general.--The Comptroller General of the United States
shall conduct a study of the availability of Federal financial
assistance for licensed and unlicensed mariners, as applicable, for
mariner training and the effectiveness of coordination with respect
to such assistance of--
(A) Federal agencies;
(B) Federal agencies and States; and
(C) Federal agencies and Indian Tribes.
(2) Matters evaluated.--The study conducted under paragraph (1)
shall include an evaluation of the following:
(A) The availability of Federal financial assistance for
mariner training provided by the Department of Education, the
Department of Veterans Affairs, the Department of Labor, the
Maritime Administration, or other agencies to the full range of
prospective mariners, and an identification of any gaps in
financial assistance.
(B) The extent to which the Maritime Administration has
effectively coordinated with the Department of Education, the
Department of Veterans Affairs, the Department of Labor, or
other relevant Federal agencies to align Federal financial
assistance with the education and training needs of mariners.
(C) The extent to which the Maritime Administration has
effectively communicated with prospective and current mariners
about the availability of Federal financial assistance to
facilitate their training and education needs.
(3) Scope.--The study conducted under paragraph (1) shall
include an examination of the availability of Federal financial
assistance, and the service obligations related to such financial
assistance, if applicable, at mariner training institutions within
the United States, including for students attending, or
participating in--
(A) the United States Merchant Marine Academy;
(B) a State maritime academy;
(C) an institution described in subparagraphs (B) and (C)
of section 51706(c)(1) of title 46, United States Code;
(D) an Indian Tribe apprenticeship or other training
program; or
(E) an educational program carried out by a Federal agency.
(4) Report.--Not later than two years 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 and the
Committee on Armed Services of the House of Representatives a
report containing the findings of the Comptroller General with
respect to the study conducted under paragraph (1).
SEC. 3522. REPORTS ON AVAILABILITY OF USED SEALIFT VESSELS AND THE
SCRAPPING AND RECYCLING OF IMPORTED VESSELS.
(a) Report on Availability of Used Sealift Vessels.--
(1) In general.--The Commander of the United States
Transportation Command, in consultation with the Administrator of
the Maritime Administration, shall conduct a market analysis to
determine the availability of used sealift vessels that--
(A) meet military requirements; and
(B) may be purchased using the authority provided under
section 2218 of title 10, United States Code, within the period
of five years following the date of the enactment of this Act.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commander of the United States
Transportation Command shall submit to the congressional defense
committees and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the market
analysis conducted under paragraph (1).
(b) Study on the Scrapping and Recycling of Imported Vessels.--
(1) In general.--The Administrator of the Maritime
Administration and the Deputy Under Secretary for International
Affairs of the Department of Labor shall jointly conduct a study to
review domestic United States ship scrapping capacity and
capability.
(2) Elements.--The study required under paragraph (1) shall
include the following:
(A) An assessment of--
(i) the capabilities of United States shipyards to
recycle and dispose of domestic and foreign vessels and
their component parts;
(ii) the capacity of United States shipyards to
complete ship recycling and disposal of domestic and
foreign vessels and their component parts and related
activities; and
(iii) the infrastructure, regulatory, economic, or
other barriers to domestic ship recycling and disposal of
vessels of the United States (as defined in section 116 of
title 46, United States Code) and foreign vessels and their
component parts.
(B) An identification of--
(i) the estimated number of vessels over 1,000 tons
that were recycled or scrapped globally each year for the
ten-year period preceding the date of the enactment of this
Act;
(ii) the country in which such vessels were scrapped or
recycled;
(iii) the component parts of a vessel that require
additional processing after ship recycling;
(iv) best practices and methods used globally,
including in the United States, at the time of the study,
to recycle or dispose of the components described in clause
(iii); and
(v) for the 15 foreign countries with the highest
global market share for ship recycling and disposal, and
for any countries with documented labor exploitation or
environmental concerns (as determined by the Administrator
and the Deputy Under Secretary)--
(I) the practices used at the time of the study for
ship recycling and disposal, including for the
component parts described in clause (iii); and
(II) to the extent such information is available,
environmental and labor practices used in such
recycling and disposal.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Administrator 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 findings of the study
required under paragraph (1).
(4) Definitions of component parts.--In this subsection, the
term ``component parts'' means an item or items on a ship that
require additional processing after removal from the ship, such as
cable insulation, rubber and felt gaskets, electronic equipment,
caulking, or paint.
SEC. 3523. STUDY ON FOREIGN OWNERSHIP AND CONTROL OF MARINE TERMINALS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Commerce, shall seek to enter into an agreement
with a federally funded research and development center under which the
center shall evaluate how foreign state-owned enterprises with leases,
long term concessions, partial ownership, or ownership of marine
terminals (including marine terminal operators) at the 15 largest
United States container ports affect, or could affect, United States
national and economic security.
(b) Contents.--An agreement entered into pursuant to subsection (a)
shall provide that the center shall--
(1) consider--
(A) foreign ownership or state-owned enterprises with
leases, long-term concessions, partial ownership, or ownership
of marine terminals (including marine terminal operators) at 15
largest United States container ports over the 30-year period
preceding the date of enactment of this Act;
(B) instances of ownership in individual marine terminals
and cumulative ownership by Chinese or Russian entities, state-
owned enterprises, or nationals;
(C) instances of ownership in individual marine terminals
and partial or complete ownership by any foreign entity;
(D) the amount of Federal funds that have been distributed
to ports and marine terminals that are wholly or partially
foreign-owned, including Chinese and Russian state-owned
enterprises;
(E) where any stake in foreign ownership, or other vectors
of control, exists (including any level of equity stake in
joint ventures with United States or foreign marine terminal
operators), including Chinese or Russian state-owned
enterprises, a detailed description of foreign operational
control, including both affirmative and negative control; and
(F) the degree to which transactions for leases, long-term
concessions, partial ownership, or ownership of marine
terminals referred to in subparagraph (A) were considered
covered transactions by the Committee on Foreign Investment in
the United States and subsequently subject to review during the
30-year period preceding the date of the enactment of this Act;
and
(2) offer recommendations on--
(A) policies by ports and marine terminal operators with
respect to foreign ownership or control to prevent any degree
of threats to United States national security and economic
security;
(B) whether foreign ownership, a positional relationship,
or state-owned enterprises with leases, long term concessions,
partial ownership, or ownership of marine terminals (including
marine terminal operators) affords the foreign entity access to
operational technology and information unique to the United
States and otherwise unavailable;
(C) whether foreign ownership or state-owned enterprises
with leases, long term concessions, partial ownership, or
ownership of marine terminals (including marine terminal
operators) has or could affect the supply chain and policies
related to the prioritization of certain cargoes; and
(D) legislative or other policy changes needed to secure
and advance United States national and economic security of the
United States.
(c) Report.--Not later than one year after the initiation of an
evaluation carried out pursuant to an agreement entered into under
subsection (a), the Secretary of Transportation 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 such evaluation.
(d) Form.--The report required under subsection (c) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 3524. REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on the
implementation by the Department of Defense of the amendments to
section 2631 of title 10, United States Code, made by section 1024 of
the William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283).
Subtitle D--Other Matters
SEC. 3531. CARGOES PROCURED, FURNISHED, OR FINANCED BY THE UNITED
STATES GOVERNMENT.
(a) In General.--Section 55305 of title 46, United States Code, is
amended--
(1) by striking subsection (a);
(2) by redesignating--
(A) subsection (b) as subsection (a); and
(B) subsections (c), (d), and (e), as subsections (d), (e),
and (f), respectively;
(3) in subsection (a), as so redesignated, by striking
``privately-owned commercial vessels of the United States,'' and
inserting ``privately-owned commercial vessels of the United
States, as provided under subsection (b),'';
(4) by inserting after subsection (a), as so redesignated, the
following:
``(b) Eligible Vessels.--To be eligible to carry cargo as provided
under subsection (a), a privately-owned commercial vessel shall be
documented under the laws of the United States--
``(1) for not less than three years; or
``(2) after January 1, 2030, for less than three years, if the
vessel owner signs an agreement with the Secretary providing that--
``(A) the vessel shall remain documented under the laws of
the United States for not less than three years; and
``(B) the vessel owner shall, upon request of the
Secretary, agree to enroll the vessel in an emergency
preparedness agreement or voluntary agreement authorized under
section 708 of the Defense Production Act of 1950 (50 U.S.C.
4558) and shall ensure the vessel remains so enrolled until the
vessel ceases to be documented under the laws of the United
States.
``(c) Violation of Agreement.--A vessel under an agreement executed
pursuant to subsection (b)(2) may be seized by, and forfeited to, the
United States if, in violation of that agreement--
``(1) the vessel owner places the vessel under foreign
registry; or
``(2) a person operates the vessel under the authority of a
foreign country.''; and
(5) by striking subsection (d), as so redesignated, and
inserting the following:
``(d) Waivers.--(1) Notwithstanding any other provision of law,
when the President, the Secretary of Defense, or the Secretary of
Transportation declares the existence of an emergency justifying a
temporary waiver of this section or section 55314 of this title, the
President, the Secretary of Defense, or the Secretary of
Transportation, following a determination by the Maritime
Administrator, acting in the Administrator's capacity as Director,
National Shipping Authority, of the non-availability of qualified
United States flag capacity at fair and reasonable rates for commercial
vessels of the United States to meet the requirements of this section
or section 55314 of this title, may waive compliance with such section
to the extent, in the manner, and on the terms the Maritime
Administrator, acting in such capacity, prescribes, and no other
waivers of the requirements of this section or section 55314 of this
title shall be authorized.
``(2)(A) Subject to subparagraphs (B) and (C), a waiver issued
under this subsection shall be for a period of not more than 60 days.
``(B) Upon termination of the period of a waiver issued under this
subsection, the Maritime Administrator may extend the waiver for an
additional period of not more than 30 days, if the Maritime
Administrator makes the determinations described in paragraph (1).
``(C) The aggregate duration of the period of all waivers and
extensions of waivers under this subsection with respect to any one set
of events shall not exceed three months in a fiscal year.
``(3) The Maritime Administrator shall--
``(A) for each determination referred to in paragraph (1),
identify any actions that could be taken to enable qualified United
States flag capacity to meet the requirements of this section or
section 55314 at fair and reasonable rates for commercial vessels
of the United States;
``(B) provide notice of each determination referred to in
paragraph (1) to the Secretary of Transportation and, as
applicable, the President or the Secretary of Defense; and
``(C) publish each determination referred to in paragraph (1)--
``(i) on the website of the Maritime Administration not
later than 24 hours after notice of the determination is
provided to the Secretary of Transportation; and
``(ii) in the Federal Register.
``(4) The Maritime Administrator shall notify--
``(A) the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of--
``(i) any request for a waiver (or an extension thereof)
made by the Secretary of Transportation of this section or
section 55314(a) of this title by not later than 72 hours after
receiving such a request; and
``(ii) the issuance of any such waiver (or an extension
thereof), and why such waiver or extension was necessary, by
not later than 72 hours after such issuance; and
``(B) the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate and the Committee
on Transportation and Infrastructure and the Committee on Armed
Services of the House of Representatives of--
``(i) any request for a waiver (or an extension thereof)
made by the Secretary of Defense of this section or section
55314(a) of this title by not later than 72 hours after
receiving such a request; and
``(ii) the issuance of any such waiver (or an extension
thereof), and why such waiver or extension was necessary, by
not later than 72 hours after such issuance.''.
(b) Small Passenger Vessels With Overnight Accommodations.--
(1) Extension authority.--
(A) In general.--The Commandant of the Coast Guard shall
not enforce the requirements of section 3306(n)(3)(A)(v) of
title 46, United States Code, against an operator of an
overnight fishing charter before April 1, 2024.
(B) Plan required.--Not later than April 1, 2024, an
operator of an overnight fishing charter not in compliance with
such section 3306(n)(3)(A)(v) shall submit to the Commandant a
plan for complying with such requirements.
(C) Extension.--On and after April 1, 2024, with respect to
an operator of an overnight fishing charter which has submitted
a plan for compliance in accordance with subparagraph (B), a
captain of the port may extend the period described under
subparagraph (A) until a date not later than January 1, 2026.
(2) Limitation.--Without further Congressional action, a
captain of the port may not extend the period of nonenforcement of
the requirements of section 3306(n)(3)(A)(v) of title 46, United
States Code, with respect to an overnight fishing charter, to a
date later than January 1, 2026.
(3) Notice to passengers.--Beginning on the date on which the
requirements under section 3306(n)(3)(A)(v) of title 46, United
States Code, take effect, the owner or operator of a vessel for
which an extension is granted under paragraph (1)(C) shall provide
on the website of such owner or operator of the vessel, the vessel,
and each ticket for a passenger a prominently displayed notice that
the vessel is exempt from meeting the Coast Guard safety compliance
standards concerning egress as described in such section.
(4) Overnight fishing charter defined.--In this section, the
term ``overnight fishing charter'' means a vessel that--
(A) is engaged in ``charter fishing'' as such term is
defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802); and
(B) has overnight accommodations for passengers.
SEC. 3532. RECAPITALIZATION OF NATIONAL DEFENSE RESERVE FLEET.
Section 3546 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263; 46 U.S.C. 57100 note) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Subject to the availability of
appropriations'' and inserting ``Subject to the
availability of appropriations made specifically available
for reimbursements to the Ready Reserve Force, Maritime
Administration account of the Department of Transportation
for programs, projects, activities, and expenses related to
the National Defense Reserve Fleet''; and
(ii) by striking ``of Transportation'' and inserting
``of the Navy''; and
(B) in paragraph (1)--
(i) by striking ``roll-on, roll-off cargo'' and
inserting ``sealift''; and
(ii) by striking ``2024'' and inserting ``2025'';
(2) in subsection (d), by striking ``The Secretary of
Transportation shall consult and coordinate with the Secretary of
the Navy'' and inserting ``The Secretary of the Navy shall consult
and coordinate with the Secretary of Transportation''; and
(3) by adding at the end the following new subsection:
``(f) Limitation.--Of the amounts authorized to be appropriated by
this Act or otherwise made available for fiscal year 2024 for the
Secretary of the Navy for travel expenses, not more than 50 percent may
be obligated or expended until the Secretary of the Navy submits to the
congressional defense committees a report that includes a detailed
description of the acquisition strategy for the execution of the
authority under subsection (a).''.
SEC. 3533. UNITED STATES MERCHANT MARINE ACADEMY AND COAST GUARD
ACADEMY MATTERS; MARITIME ADMINISTRATION REQUIREMENTS.
(a) Training Course on Workings of Congress.--
(1) In general.--Not later than 180 days after the date of the
enactment of this section, the Secretary of Transportation, in
consultation with the Maritime Administrator, the Superintendent of
the United States Merchant Marine Academy, and such other
individuals and organizations as the Secretary of Transportation
considers appropriate, shall develop a training course on the
workings of Congress and offer that training course at least once
each year. This course shall be similar in design to the training
course required under section 315 of title 14, United States Code,
as practicable.
(2) Course subject matter.--The training course required by
paragraph (1) shall provide an overview and introduction to
Congress and the Federal legislative process, including--
(A) the history and structure of Congress and the committee
systems of the Senate and the House of Representatives,
including the functions and responsibilities of the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Armed Services of the House of Representatives;
(B) the documents produced by Congress, including bills,
resolutions, committee reports, and conference reports, and the
purposes and functions of those documents;
(C) the legislative processes and rules of the Senate and
the House of Representatives, including similarities and
differences between the processes and rules of each chamber,
including--
(i) the congressional budget process;
(ii) the congressional authorization and appropriations
processes;
(iii) the Senate advice and consent process for
Presidential nominees; and
(iv) the Senate advice and consent process for treaty
ratification;
(D) the roles of Members of Congress and congressional
staff in the legislative process; and
(E) the concept and underlying purposes of congressional
oversight within the governance framework of separation of
powers of the United States.
(3) Lecturers and panelists.--
(A) Outside experts.--The Secretary of Transportation shall
ensure that not less than 60 percent of the lecturers,
panelists, and other individuals providing education and
instruction as part of the training course required by this
subsection are bipartisan subject matter experts on Congress
and the Federal legislative process who are not employed by the
executive branch of the Federal Government.
(B) Authority to accept pro bono services.--In satisfying
the requirement under subparagraph (A), the Secretary of
Transportation shall seek, and may accept, educational and
instructional services of lecturers, panelists, and other
individuals and organizations provided to the Department of
Transportation on a pro bono basis.
(4) Completion of required training.--
(A) In general.--Not later than 60 days after the date on
which the Secretary of Transportation completes the development
of the training course described in this section, and annually
thereafter while serving in applicable positions, the covered
individuals described in subparagraph (B) shall complete the
training course described in this subsection.
(B) Covered individuals.--The covered individuals in this
subsection are the following:
(i) The Administrator of the Maritime Administration
and the Deputy Administrator of the Maritime
Administration.
(ii) Any official of the Maritime Administration whose
appointment is subject to the advice and consent of the
Senate and Maritime Administration employees that are
serving in a Senior Executive Service position (as defined
in section 3132(a) of title 5, United States Code).
(iii) Any Maritime Administration employees whose
duties consist of engagement with congressional,
governmental, or public affairs, who are appointed or
assigned to a billet in the National Capital Region on the
date on which the Secretary of Transportation completes the
development of the training course described in this
section.
(iv) The Superintendent, Deputy Superintendent,
Provost, Commandant of Midshipmen, Counsel, and Director of
Public Affairs of the United States Merchant Marine
Academy.
(C) New officials and employees.--Any Maritime
Administration official or employee or United States Merchant
Marine Academy official or employee who is a covered individual
described in subparagraph (B) who is newly appointed, newly
employed in the National Capital Region, or newly employed by
the United States Merchant Marine Academy after the date on
which the Secretary of Transportation completes the development
of the training course described in this subsection, shall
complete a training course that meets the requirements of this
subsection not later than 60 days after reporting for duty, and
annually thereafter, while serving in applicable positions.
(b) Government Accountability Office Report on Maritime
Administration Staffing Requirements.--
(1) In general.--Not later than six months after the date of
the enactment of this Act, the Comptroller General of the United
States 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 that
includes an analysis of the staffing requirements for effectively
executing the mission of the Maritime Administration and an
identification of any existing gaps that could impede its
operations.
(2) Contents.--The report under paragraph (1) shall include--
(A) an evaluation of the personnel requirements for the
successful execution of the mission of the Maritime
Administration, including such requirements for--
(i) those offices that deal with infrastructure,
shipbuilding, or student safety;
(ii) those offices that have significant delays in
meeting constituent needs, including offices involved in
the processing of permits and grants, or which preform a
communication or outreach function to the public,
constituents, or Congress (including the Office of Public
Affairs of the Maritime Administration);
(iii) the United States Merchant Marine Academy; and
(iv) other activities carried out by the Maritime
Administration;
(B) a thorough analysis of any deficiencies or inadequacies
in staffing levels, at the time the report is submitted, that
could hinder the efficient functioning of the Maritime
Administration; and
(C) recommendations for integrating the findings of the
report into the policies and planning processes of the Maritime
Administration, with the aim of addressing the identified gaps
and enhancing the overall effectiveness of the Maritime
Administration.
(c) Coast Guard Academy Improvement Briefing.--Not later than 30
days after the date of the enactment of this Act, the Commandant of the
Coast Guard shall provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a briefing on--
(1) a plan, which shall include timelines and cost estimates,
to--
(A) remediate asbestos, lead, and mold from the Chase Hall
of the Coast Guard Academy;
(B) house not more than two students to a room in Chase
Hall; and
(C) upgrade electric outlet availability and storage space
in student rooms at Chase Hall; and
(2) the increased student housing capacity necessary to allow
the Coast Guard to put through sufficient officers to eliminate the
current portion of the officer shortfall due to space constraints
at the Coast Guard Academy, including the Officer Candidate School
and direct Commission Officer Program housed at the Academy.
SEC. 3534. MARITIME WORKFORCE WORKING GROUP.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Maritime Administrator, in consultation with
the National Merchant Marine Personnel Advisory Committee, the National
Offshore Safety Advisory Committee, the National Towing Safety Advisory
Committee, and the Committee on the Marine Transportation System, shall
convene a working group to examine and assess the size of the pool of
mariners with covered credentials necessary to support the United
States flag fleet.
(b) Membership.--The Maritime Administrator shall designate
individuals to serve as members of the working group convened under
subsection (a). The working group shall consist of--
(1) the Maritime Administrator, who shall serve as chairperson
of the working group;
(2) the Superintendent of the United States Merchant Marine
Academy;
(3) the Commandant of the Coast Guard;
(4) the Commander of the United States Transportation Command;
(5) the Secretary of the Navy; and
(6) at least one representative from each of--
(A) the State maritime academies;
(B) the owners and operators of United States-flagged
vessels engaged in offshore oil and gas exploration,
development, and production;
(C) the owners and operators of United States-flagged
vessels engaged in inland river transportation;
(D) the owners and operators of United States-flagged
vessels engaged in inland river transportation;
(E) a nonprofit labor organization representing a class of
licensed or unlicensed engine department mariners who are
employed on vessels operating in the United States flag fleet;
(F) a nonprofit labor organization representing a class of
licensed or unlicensed mariners who are employed on vessels
operating in the United States flag fleet;
(G) the owners of vessels operating in the United States
flag fleet, or their private contracting parties, that are
primarily operating in international transportation;
(H) Centers of Excellence for Maritime Training designated
under section 51706 of title 46, United States Code; and
(I) private maritime training providers.
(c) No Quorum Requirement.--The Maritime Administrator may convene
the working group virtually and without all members present.
(d) Responsibilities.--The working group shall carry out the
following responsibilities:
(1) Reviewing the report required by section 3525(b), and the
study required by section 3545(a), of the James Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-
263), if available.
(2) Identifying the number of mariners with covered credentials
in each of the following categories:
(A) All such mariners.
(B) Such mariners who have a valid Coast Guard merchant
mariner credential with the necessary endorsements for service
on unlimited tonnage vessels that are subject to the
International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended.
(C) Such mariners who are participating in a Federal
program that supports the United States merchant marine and the
United States flag fleet.
(D) Such mariners who are available to crew the United
States flag fleet and the surge sealift fleet in times of a
national emergency.
(E) Such mariners who are full-time.
(F) Such mariners who are merchant mariner credentialed
officers in the United States Navy Reserve.
(G) Such licensed and unlicensed mariners--
(i) required to maintain, mobilize, and operate the
entire Ready Reserve Force for periods of 30 days, 90 days,
180 days, and one year including separate totals for
merchant mariners employed to maintain the Ready Reserve
Force in a reduced operating status; and
(ii) required to submit documentation of sea service to
the National Maritime Center, including such mariners that
have acquired sea service during the prior year and such
mariners that have not acquired sea service during the
prior year.
(3) Evaluating potential gaps or surpluses of credentialed
merchant mariners, by rating and qualification, required to
maintain, mobilize, and operate the Ready Reserve Force for periods
of 30 days, 90 days, 180 days, and one year and the potential
impacts such mobilization and operation will have on the commercial
maritime industry's capability to operate during such periods.
(4) Identifying a list of all actively operating documented
vessels of at least 500 gross registered tons, as measured under
section 14502 of title 46, United States Code, or an alternate
tonnage measured under section 14302 of such title as prescribed by
the Secretary under section 14104, of such title, with the tonnage
of each such vessel.
(5) Assessing the effect on the United States merchant marine
and United States Merchant Marine Academy if graduates from State
maritime academies and the United States Merchant Marine Academy
were assigned to, or required to fulfill, certain maritime
positions based on the overall needs of the United States merchant
marine.
(6) Assessing the effectiveness of marketing and outreach
efforts, including recruitment and retention strategy and methods
of publicizing opportunities, for new mariner accession into the
maritime industry.
(7) Assessing the accessibility of Coast Guard Merchant Mariner
Licensing and Documentation System data for mariners with covered
credentials, the maritime industry, and the Maritime Administration
for the purposes of evaluating the pool of mariners with covered
credentials.
(8) Assessing the impediments to the credentialing of United
States merchant mariners, including training capacity,
credentialing system delays, costs to merchant mariners, statutory
or regulatory requirements, and other factors.
(9) Making recommendations to--
(A) enhance the availability and quality of interagency
data, including data from the United States Transportation
Command, the Coast Guard, the Navy, and the Bureau of
Transportation Statistics, for use by the Maritime
Administration in evaluating the pool of mariners with covered
credentials;
(B) close any gaps identified in the evaluation described
in paragraph (3), including specific policy, legislative change
proposals, and funding requests; and
(C) improve United States merchant mariner recruitment and
retention.
(e) Provision of Information.--All members of the working group
convened under subsection (a) shall provide to the Maritime
Administrator, in a timely manner and in a suitable format agreed to by
members, any information that is needed to carry out the
responsibilities under subsection (d).
(f) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Transportation shall submit to
the Committee on Commerce, Science, and Transportation of the Senate,
the Committee on Armed Services of the House of Representatives, and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that contains the findings and conclusions of
the working group gathered in the course of performing the
responsibilities under subsection (d). Such report shall include each
of the following:
(1) The number of mariners with covered credentials identified
for each category described in subparagraphs (A) through (G) of
subsection (d)(2).
(2) The results of the evaluation under subsection (d)(3).
(3) The list identified under subsection (d)(4).
(4) The results of the assessments conducted under paragraphs
(5) and (8) of subsection (d).
(5) The recommendations made under paragraphs (5) and (9) of
subsection (d).
(6) Such other information as the working group determines
appropriate.
(g) Classified Annex.--The report required under this section shall
be submitted in unclassified form, but shall include a classified annex
including the results from subsection (d)(2)(G) and subsection (d)(3).
(h) Definitions.--In this section:
(1) The term ``covered credential'' means any credential issued
under part E of subtitle II of title 46, United States Code.
(2) The term ``documented vessel'' has the meaning given the
term in section 106 of title 46, United States Code.
(3) The term ``Ready Reserve Force'' has the meaning given the
term in chapter 571 of title 46, United States Code.
(i) Sunset.--The Maritime Administrator shall disband the working
group upon the submission of the report required under subsection (f).
(j) Temporary Reduction of Lengths of Certain Periods of Service.--
For the 3-year period beginning on the date of enactment of this Act--
(1) section 7307 of title 46, United States Code, shall be
applied by substituting ``18 months'' for ``3 years'';
(2) section 7308 of such title shall be applied by substituting
``12 months'' for ``18 months''; and
(3) section 7309 of such title shall be applied by substituting
``6 months'' for ``12 months''.
(k) Centers of Excellence for Domestic Maritime Workforce Training
and Education.--Section 51706 of title 46, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(B) by inserting ``, after consultation with the Coast
Guard,'' after ``Transportation'';
(C) by inserting ``, for a 5-year period,'' after
``designate''; and
(D) by adding at the end the following:
``(2) Withdrawal of designation.--The Secretary of
Transportation may withdraw a designation as a center of excellence
for domestic maritime workforce training and education of a covered
training entity upon discovery of adverse information, including
discovery of information that the covered training entity has
engaged in fraudulent or unlawful activities, or has been subjected
to disciplinary or adverse administrative action by Federal, State,
or other regulatory bodies.'';
(2) in subsection (b), by adding at the end the following:
``(5) Eligible uses of grant funds.--A center of excellence
receiving a grant under this subsection shall--
``(A) carry out activities that are identified as
priorities for the purpose of developing, offering, or
improving educational or career training programs for the
United States maritime industry workforce; and
``(B) provide training to upgrade the skills of the United
States maritime industry workforce, including training to
acquire covered requirements as well as technical skills
training for jobs in the United States maritime industry.'';
and
(3) in subsection (c)(1)--
(A) in subparagraph (B)(v), by striking ``and'' after the
semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) has--
``(i) not been subject to a disciplinary or adverse
administrative action by Federal, State, or other
regulatory bodies;
``(ii) no unresolved nonconformities from
administrative audits by regulatory bodies; and
``(iii) not been subject to any adverse criminal action
by a Federal, State, or local law enforcement authority.''.
SEC. 3535. CONSIDERATION OF LIFE-CYCLE COST ESTIMATES FOR ACQUISITION
AND PROCUREMENT OF VESSELS.
In carrying out the acquisition and procurement of vessels in the
National Defense Reserve Fleet, the Secretary of Transportation, acting
through the Administrator of the Maritime Administration, shall
consider the life-cycle cost estimates of vessels during the design and
evaluation processes to the maximum extent practicable.
SEC. 3536. LOANS FOR RETROFITTING TO QUALIFY AS A VESSEL OF THE UNITED
STATES.
(a) In General.--Section 53706(a) of title 46, United States Code,
is amended by adding at the end the following:
``(8) Financing (including reimbursement of an obligor for
expenditures previously made for) the reconstruction,
reconditioning, retrofitting, repair, reconfiguration, or similar
work in a shipyard located in the United States.''.
(b) Prohibition on Use of Appropriated Funds.--Amounts appropriated
to the Maritime Administration before the date of enactment of this Act
shall not be available to be used for the cost of loan guarantees for
projects receiving financing support or credit enhancements under
section 53706(a)(8) of title 46, United States Code, as added by this
section.
SEC. 3537. ACCOUNTABILITY FOR NATIONAL MARITIME STRATEGY.
(a) Biannual Briefing.--
(1) Requirement.--Not less than twice annually, the
Administrator of the Maritime Administration, in consultation with
the National Security Council, the Secretary of State, the
Secretary of Transportation, and the Secretary of Homeland
Security, shall provide to the appropriate congressional committees
briefings on the status of establishing the type of national
maritime strategy required under section 50114 of title 46, United
States Code. The Chief of Naval Operations, the Commandant of the
Marine Corps, and the Commandant of the Coast Guard shall
participate in each briefing required under this paragraph.
(2) Use.--The Administrator shall use the briefings required
under paragraph (1) to augment and influence the national maritime
strategy discussion with national security focused stakeholders
across the administration, until an updated strategy is published
and endorsed by the President of the United States.
(b) Elements.--As the national maritime strategy relates to
national security, each briefing under subsection (a) shall include the
following:
(1) Recommendations for a whole-of-Government approach to
orchestrating national instruments of power to shape all elements
of the maritime enterprise of the United States, domestic and
international, on the high seas or domestic waterways.
(2) An assessment of great power competition in the maritime
domain, to include opportunities for increased cooperation with
allied and partner global maritime industry leaders to improve
national shipbuilding and shipping, while promoting the
international rules-based maritime order.
(3) An analysis of existing shipyards to build and capitalize
on the virtuous cycle between commercial and military shipbuilding
and repair, including areas of improvement.
(4) An analysis of opportunities for private or public
financing to increase the capacity, efficiency, and effectiveness
of United States shipyards, including infrastructure, labor force,
technology, and global competitiveness.
(5) An analysis of potential improvements to national or
cooperative arrangements for sealift capacity and shipping,
including for contested logistics.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) and the Committee on Transportation and Infrastructure of
the House of Representatives; and
(3) the Committee on Commerce, Science, and Transportation of
the Senate.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in accordance
with the requirements of sections 3201 and 4024 of title 10, United
States Code, or on competitive procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 of this Act or any other provision of law, unless such
transfer or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral or Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2024 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 FUTURE UAS FAMILY.... 53,453 53,453
005 SMALL UNMANNED 20,769 20,769
AIRCRAFT SYSTEMS.
ROTARY
006 AH-64 APACHE BLOCK 718,578 718,578
IIIA REMAN.
007 AH-64 APACHE BLOCK 110,360 110,360
IIIA REMAN AP.
008 UH-60 BLACKHAWK M 668,258 668,258
MODEL (MYP).
009 UH-60 BLACKHAWK M 92,494 92,494
MODEL (MYP) AP.
010 UH-60 BLACK HAWK L 153,196 153,196
AND V MODELS.
011 CH-47 HELICOPTER..... 202,487 379,987
Four Additional [177,500]
Aircraft.
012 CH-47 HELICOPTER AP.. 18,936 41,436
CH-47F Block II-- [22,500]
Adv Procurement.
012A UH-72B LAKOTA 20,000
HELICOPTER.
Two aircraft..... [20,000]
MODIFICATION OF
AIRCRAFT
013 MQ-1 PAYLOAD......... 13,650 13,650
014 GRAY EAGLE MODS2..... 14,959 82,959
Program increase. [68,000]
016 AH-64 MODS........... 113,127 113,127
017 CH-47 CARGO 20,689 20,689
HELICOPTER MODS
(MYP).
022 UTILITY HELICOPTER 35,879 53,879
MODS.
Black Hawk Mods-- [15,000]
60kVA Generators.
Litter Basket [3,000]
Stabilization
Systems.
023 NETWORK AND MISSION 32,418 32,418
PLAN.
024 COMMS, NAV 74,912 74,912
SURVEILLANCE.
025 DEGRADED VISUAL 16,838 16,838
ENVIRONMENT.
026 AVIATION ASSURED PNT. 67,383 67,383
027 GATM ROLLUP.......... 8,924 8,924
029 UAS MODS............. 2,258 2,258
GROUND SUPPORT
AVIONICS
030 AIRCRAFT 161,731 156,501
SURVIVABILITY
EQUIPMENT.
B-Kit unit cost [-5,230]
adjustment.
031 SURVIVABILITY CM..... 6,526 6,526
032 CMWS................. 72,041 72,041
033 COMMON INFRARED 261,384 261,384
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
034 COMMON GROUND 25,752 25,752
EQUIPMENT.
035 AIRCREW INTEGRATED 22,097 22,097
SYSTEMS.
036 AIR TRAFFIC CONTROL.. 21,216 21,216
037 LAUNCHER, 2.75 ROCKET 2,125 2,125
TOTAL AIRCRAFT 3,012,440 3,313,210
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 LOWER TIER AIR AND 6,625 6,625
MISSILE DEFENSE
(AMD) SEN.
003 M-SHORAD--PROCUREMENT 400,697 390,197
Excess fielding [-10,500]
growth.
004 MSE MISSILE.......... 1,212,832 1,212,832
006 PRECISION STRIKE 384,071 377,821
MISSILE (PRSM).
Unjustified [-6,250]
growth: Software
maintenance.
007 INDIRECT FIRE 313,189 313,189
PROTECTION
CAPABILITY INC 2-I.
008 MID-RANGE CAPABILITY 169,519 169,519
(MRC).
AIR-TO-SURFACE
MISSILE SYSTEM
009 HELLFIRE SYS SUMMARY. 21,976 21,976
010 JOINT AIR-TO-GROUND 303,409 303,409
MSLS (JAGM).
012 LONG-RANGE HYPERSONIC 156,821 156,821
WEAPON.
ANTI-TANK/ASSAULT
MISSILE SYS
013 JAVELIN (AAWS-M) 199,509 199,509
SYSTEM SUMMARY.
014 TOW 2 SYSTEM SUMMARY. 120,475 120,475
015 GUIDED MLRS ROCKET 886,367 886,367
(GMLRS).
016 GUIDED MLRS ROCKET 55,913 55,913
(GMLRS).
017 MLRS REDUCED RANGE 10,334 10,334
PRACTICE ROCKETS
(RRPR).
018 HIGH MOBILITY 179,230 179,230
ARTILLERY ROCKET
SYSTEM (HIMARS.
019 ARMY TACTICAL MSL SYS 7,307 7,307
(ATACMS)--SYS SUM.
MODIFICATIONS
021 PATRIOT MODS......... 212,247 212,247
022 STINGER MODS......... 36,484 36,484
023 AVENGER MODS......... 22,274 22,274
025 MLRS MODS............ 168,198 168,198
026 HIMARS MODIFICATIONS. 76,266 76,266
SPARES AND REPAIR
PARTS
027 SPARES AND REPAIR 6,573 6,573
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
028 AIR DEFENSE TARGETS.. 11,701 11,701
TOTAL MISSILE 4,962,017 4,945,267
PROCUREMENT,
ARMY.
PROCUREMENT OF
WEAPONS AND TRACKED
COMBAT VEHICLES,
ARMY
TRACKED COMBAT
VEHICLES
001 ARMORED MULTI PURPOSE 554,777 552,277
VEHICLE (AMPV).
Program decrease. [-2,500]
003 MOBILE PROTECTED 394,635 386,635
FIREPOWER.
Excessive growth-- [-8,000]
systems technical
support.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE...... 614,282 749,682
Excessive growth-- [-4,600]
fleet
modifications.
Program increase. [140,000]
005 BRADLEY FIRE SUPPORT 5,232 5,232
TEAM (BFIST) VEHICLE.
006 BRADLEY PROGRAM (MOD) 158,274 217,070
Program increase. [65,000]
Unjustified [-6,204]
growth:
modification 7
installation.
007 M109 FOV 90,986 90,986
MODIFICATIONS.
008 PALADIN INTEGRATED 469,152 674,152
MANAGEMENT (PIM).
Program increase. [205,000]
009 IMPROVED RECOVERY 41,058 41,058
VEHICLE (M88
HERCULES).
012 JOINT ASSAULT BRIDGE. 159,804 159,804
013 ABRAMS UPGRADE 697,883 1,240,283
PROGRAM.
Abrams Upgrade [10,000]
Predictive
Maintenance
(PPMX).
Program increase. [532,400]
014 ABRAMS UPGRADE 102,440 102,440
PROGRAM AP.
WEAPONS & OTHER
COMBAT VEHICLES
016 PERSONAL DEFENSE 510 510
WEAPON (ROLL).
017 M240 MEDIUM MACHINE 425 425
GUN (7.62MM).
019 MACHINE GUN, CAL .50 3,420 3,420
M2 ROLL.
020 MORTAR SYSTEMS....... 8,013 8,013
021 LOCATION & AZIMUTH 3,174 3,174
DETERMINATION SYSTEM
(LADS.
022 XM320 GRENADE 14,143 14,143
LAUNCHER MODULE
(GLM).
023 PRECISION SNIPER 5,248 5,248
RIFLE.
024 CARBINE.............. 571 8,571
Program Increase-- [8,000]
M4 carbine upper
receivers.
025 NEXT GENERATION SQUAD 292,850 292,850
WEAPON.
026 HANDGUN.............. 32 32
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 M777 MODS............ 18,920 18,920
031 M119 MODIFICATIONS... 13,097 13,097
032 MORTAR MODIFICATION.. 423 423
SUPPORT EQUIPMENT &
FACILITIES
033 ITEMS LESS THAN $5.0M 1,148 1,148
(WOCV-WTCV).
034 PRODUCTION BASE 115,024 115,024
SUPPORT (WOCV-WTCV).
TOTAL 3,765,521 4,704,617
PROCUREMENT OF
WEAPONS AND
TRACKED COMBAT
VEHICLES, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 90,853 90,853
TYPES.
002 CTG, 7.62MM, ALL 65,370 80,370
TYPES.
Program increase. [15,000]
003 NEXT GENERATION SQUAD 191,244 191,244
WEAPON AMMUNITION.
004 CTG, HANDGUN, ALL 6,597 6,597
TYPES.
005 CTG, .50 CAL, ALL 41,534 64,402
TYPES.
Program increase. [22,868]
006 CTG, 20MM, ALL TYPES. 7,925 7,925
007 CTG, 25MM, ALL TYPES. 38,760 31,503
Excess to need... [-7,257]
008 CTG, 30MM, ALL TYPES. 107,805 107,805
009 CTG, 40MM, ALL TYPES. 148,970 148,970
010 CTG, 50MM, ALL TYPES. 28,000 28,000
MORTAR AMMUNITION
011 60MM MORTAR, ALL 35,160 35,160
TYPES.
012 81MM MORTAR, ALL 40,562 40,562
TYPES.
013 120MM MORTAR, ALL 106,784 106,784
TYPES.
TANK AMMUNITION
014 CARTRIDGES, TANK, 300,368 300,368
105MM AND 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
015 ARTILLERY CARTRIDGES, 21,298 21,298
75MM & 105MM, ALL
TYPES.
016 ARTILLERY PROJECTILE, 150,839 150,839
155MM, ALL TYPES.
018 PRECISION ARTILLERY 96,406 96,406
MUNITIONS.
019 ARTILLERY 172,947 172,947
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
020 MINES & CLEARING 71,182 71,182
CHARGES, ALL TYPES.
021 CLOSE TERRAIN SHAPING 55,374 55,374
OBSTACLE.
ROCKETS
022 SHOULDER LAUNCHED 18,630 18,630
MUNITIONS, ALL TYPES.
023 ROCKET, HYDRA 70, ALL 87,293 87,293
TYPES.
OTHER AMMUNITION
024 CAD/PAD, ALL TYPES... 6,564 6,564
025 DEMOLITION MUNITIONS, 24,238 24,238
ALL TYPES.
026 GRENADES, ALL TYPES.. 48,374 48,374
027 SIGNALS, ALL TYPES... 23,252 23,252
028 SIMULATORS, ALL TYPES 11,309 11,309
MISCELLANEOUS
030 AMMO COMPONENTS, ALL 3,976 3,976
TYPES.
031 NON-LETHAL 3,281 3,281
AMMUNITION, ALL
TYPES.
032 ITEMS LESS THAN $5 17,436 17,436
MILLION (AMMO).
033 AMMUNITION PECULIAR 13,133 13,133
EQUIPMENT.
034 FIRST DESTINATION 18,068 18,068
TRANSPORTATION
(AMMO).
035 CLOSEOUT LIABILITIES. 102 102
PRODUCTION BASE
SUPPORT
036 INDUSTRIAL FACILITIES 726,135 726,135
037 CONVENTIONAL 183,752 183,752
MUNITIONS
DEMILITARIZATION.
038 ARMS INITIATIVE...... 4,057 4,057
TOTAL 2,967,578 2,998,189
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 SEMITRAILERS, 22,751 22,751
FLATBED:.
002 SEMITRAILERS, TANKERS 40,359 40,359
003 HI MOB MULTI-PURP 25,904 25,904
WHLD VEH (HMMWV).
004 GROUND MOBILITY 36,223 36,223
VEHICLES (GMV).
006 JOINT LIGHT TACTICAL 839,413 837,318
VEHICLE FAMILY OF
VEHICL.
Unit cost [-2,095]
increases.
007 TRUCK, DUMP, 20T 20,075 35,075
(CCE).
Program increase. [15,000]
008 FAMILY OF MEDIUM 110,734 110,734
TACTICAL VEH (FMTV).
009 FAMILY OF COLD 28,745 28,745
WEATHER ALL-TERRAIN
VEHICLE.
010 FIRETRUCKS & 55,340 55,340
ASSOCIATED
FIREFIGHTING EQUIP.
011 FAMILY OF HEAVY 66,428 166,428
TACTICAL VEHICLES
(FHTV).
Program increase. [100,000]
012 PLS ESP.............. 51,868 51,868
014 TACTICAL WHEELED 3,792 3,792
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 80,326 137,826
SVC EQUIP.
HMMWV ABS/ESC.... [57,500]
NON-TACTICAL VEHICLES
016 PASSENGER CARRYING 2,203 2,203
VEHICLES.
017 NONTACTICAL VEHICLES, 8,246 8,246
OTHER.
COMM--JOINT
COMMUNICATIONS
018 SIGNAL MODERNIZATION 161,585 151,185
PROGRAM.
Program decrease. [-10,400]
019 TACTICAL NETWORK 358,646 356,143
TECHNOLOGY MOD IN
SVC.
On-the-Move [9,500]
Sattelite
Communications
Terminals.
SATCOM [-12,003]
obsolescence
previously funded.
020 DISASTER INCIDENT 254 254
RESPONSE COMMS
TERMINAL (DI.
021 JCSE EQUIPMENT 5,097 5,097
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
024 DEFENSE ENTERPRISE 101,181 101,181
WIDEBAND SATCOM
SYSTEMS.
025 TRANSPORTABLE 54,849 54,849
TACTICAL COMMAND
COMMUNICATIONS.
026 SHF TERM............. 41,634 41,634
027 ASSURED POSITIONING, 202,370 202,370
NAVIGATION AND
TIMING.
028 EHF SATELLITE 19,122 19,122
COMMUNICATION.
030 GLOBAL BRDCST SVC-- 531 531
GBS.
COMM--C3 SYSTEM
031 COE TACTICAL SERVER 77,999 77,999
INFRASTRUCTURE (TSI).
COMM--COMBAT
COMMUNICATIONS
032 HANDHELD MANPACK 765,109 760,066
SMALL FORM FIT (HMS).
Excess to need... [-5,043]
033 ARMY LINK 16 SYSTEMS. 60,767 60,767
035 UNIFIED COMMAND SUITE 18,999 18,999
036 COTS COMMUNICATIONS 492,001 484,901
EQUIPMENT.
Program decrease. [-7,100]
037 FAMILY OF MED COMM 1,374 1,374
FOR COMBAT CASUALTY
CARE.
038 ARMY COMMUNICATIONS & 52,485 52,485
ELECTRONICS.
COMM--INTELLIGENCE
COMM
039 CI AUTOMATION 16,767 16,767
ARCHITECTURE-INTEL.
041 MULTI-DOMAIN 119,989 119,989
INTELLIGENCE.
INFORMATION SECURITY
042 INFORMATION SYSTEM 701 701
SECURITY PROGRAM-
ISSP.
043 COMMUNICATIONS 159,712 159,712
SECURITY (COMSEC).
044 DEFENSIVE CYBER 13,848 13,848
OPERATIONS.
045 INSIDER THREAT 1,502 1,502
PROGRAM--UNIT
ACTIVITY MONITO.
047 BIOMETRIC ENABLING 453 453
CAPABILITY (BEC).
COMM--LONG HAUL
COMMUNICATIONS
049 BASE SUPPORT 23,278 23,278
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
050 INFORMATION SYSTEMS.. 32,608 32,608
051 EMERGENCY MANAGEMENT 4,949 4,949
MODERNIZATION
PROGRAM.
052 INSTALLATION INFO 243,011 243,011
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
055 JTT/CIBS-M........... 8,543 8,543
056 TERRESTRIAL LAYER 85,486 85,486
SYSTEMS (TLS).
058 DCGS-A-INTEL......... 2,980 2,980
060 TROJAN............... 30,649 30,649
061 MOD OF IN-SVC EQUIP 4,169 4,169
(INTEL SPT).
062 BIOMETRIC TACTICAL 932 932
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
063 EW PLANNING & 21,278 21,278
MANAGEMENT TOOLS
(EWPMT).
064 AIR VIGILANCE (AV)... 6,641 6,641
065 MULTI-FUNCTION 15,941 15,941
ELECTRONIC WARFARE
(MFEW) SYST.
067 COUNTERINTELLIGENCE/ 22,833 22,833
SECURITY
COUNTERMEASURES.
068 CI MODERNIZATION..... 434 434
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
069 SENTINEL MODS........ 161,886 161,886
070 NIGHT VISION DEVICES. 141,143 98,722
Rephase to RDT&E [-39,137]
for IVAS 1.2
Development.
Restore [-3,284]
acquisition
accountability:
Government
program
management costs.
071 SMALL TACTICAL 15,484 15,484
OPTICAL RIFLE
MOUNTED MLRF.
073 FAMILY OF WEAPON 185,634 185,634
SIGHTS (FWS).
074 ENHANCED PORTABLE 3,652 3,652
INDUCTIVE ARTILLERY
FUZE SE.
075 FORWARD LOOKING 20,438 20,438
INFRARED (IFLIR).
076 COUNTER SMALL 365,376 305,376
UNMANNED AERIAL
SYSTEM (C-SUAS).
Execution delays. [-60,000]
077 JOINT BATTLE COMMAND-- 215,290 210,066
PLATFORM (JBC-P).
Unjustified Cost [-5,224]
Growth--Fielding
and Systems
Engineering.
078 JOINT EFFECTS 8,932 8,932
TARGETING SYSTEM
(JETS).
079 COMPUTER BALLISTICS: 2,965 2,965
LHMBC XM32.
080 MORTAR FIRE CONTROL 8,024 8,024
SYSTEM.
081 MORTAR FIRE CONTROL 7,399 7,399
SYSTEMS
MODIFICATIONS.
082 COUNTERFIRE RADARS... 99,782 99,782
ELECT EQUIP--TACTICAL
C2 SYSTEMS
083 ARMY COMMAND POST 78,512 78,512
INTEGRATED
INFRASTRUCTURE.
084 FIRE SUPPORT C2 10,052 10,052
FAMILY.
085 AIR & MSL DEFENSE 68,892 68,892
PLANNING & CONTROL
SYS.
086 IAMD BATTLE COMMAND 412,556 395,456
SYSTEM.
Excess Interim [-17,100]
Contractor
Support.
087 LIFE CYCLE SOFTWARE 4,270 4,270
SUPPORT (LCSS).
088 NETWORK MANAGEMENT 37,194 37,194
INITIALIZATION AND
SERVICE.
089 GLOBAL COMBAT SUPPORT 1,987 1,987
SYSTEM-ARMY (GCSS-A).
090 INTEGRATED PERSONNEL 5,318 5,318
AND PAY SYSTEM-ARMY
(IPP.
091 MOD OF IN-SVC 4,997 4,997
EQUIPMENT (ENFIRE).
ELECT EQUIP--
AUTOMATION
092 ARMY TRAINING 10,130 10,130
MODERNIZATION.
093 AUTOMATED DATA 61,489 61,489
PROCESSING EQUIP.
094 ACCESSIONS 4,198 4,198
INFORMATION
ENVIRONMENT (AIE).
096 HIGH PERF COMPUTING 76,053 76,053
MOD PGM (HPCMP).
097 CONTRACT WRITING 6,061 6,061
SYSTEM.
098 CSS COMMUNICATIONS... 56,804 56,804
CLASSIFIED PROGRAMS
151A CLASSIFIED PROGRAMS.. 1,781 1,781
CHEMICAL DEFENSIVE
EQUIPMENT
102 BASE DEFENSE SYSTEMS 70,781 70,781
(BDS).
103 CBRN DEFENSE......... 63,198 63,198
BRIDGING EQUIPMENT
104 TACTICAL BRIDGING.... 1,157 1,157
105 TACTICAL BRIDGE, 82,228 82,228
FLOAT-RIBBON.
106 BRIDGE SUPPLEMENTAL 4,414 4,414
SET.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
110 ROBOTICS AND APPLIQUE 68,893 68,893
SYSTEMS.
112 FAMILY OF BOATS AND 4,785 4,785
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
113 HEATERS AND ECU'S.... 7,617 7,617
115 PERSONNEL RECOVERY 5,356 5,356
SUPPORT SYSTEM
(PRSS).
116 GROUND SOLDIER SYSTEM 167,129 154,262
Excess to need... [-12,867]
117 MOBILE SOLDIER POWER. 15,967 15,967
118 FORCE PROVIDER....... 34,200 34,200
120 CARGO AERIAL DEL & 45,792 45,792
PERSONNEL PARACHUTE
SYSTEM.
121 FAMILY OF ENGR COMBAT 12,118 12,118
AND CONSTRUCTION
SETS.
PETROLEUM EQUIPMENT
123 QUALITY SURVEILLANCE 2,507 2,507
EQUIPMENT.
124 DISTRIBUTION SYSTEMS, 40,989 40,989
PETROLEUM & WATER.
MEDICAL EQUIPMENT
125 COMBAT SUPPORT 86,829 86,829
MEDICAL.
MAINTENANCE EQUIPMENT
126 MOBILE MAINTENANCE 17,287 17,287
EQUIPMENT SYSTEMS.
CONSTRUCTION
EQUIPMENT
128 TRACTOR, FULL TRACKED 29,878 29,878
129 ALL TERRAIN CRANES... 27,725 30,725
FOATC Type I [3,000]
Cranes.
131 FAMILY OF DIVER 1,811 1,811
SUPPORT EQUIPMENT.
132 CONST EQUIP ESP...... 8,898 8,898
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
133 ARMY WATERCRAFT ESP.. 30,592 30,592
134 MANEUVER SUPPORT 149,449 191,476
VESSEL (MSV).
One additional [42,027]
vessel.
GENERATORS
136 GENERATORS AND 78,364 78,364
ASSOCIATED EQUIP.
137 TACTICAL ELECTRIC 11,088 11,088
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
138 FAMILY OF FORKLIFTS.. 12,982 12,982
TRAINING EQUIPMENT
139 COMBAT TRAINING 56,619 56,619
CENTERS SUPPORT.
140 TRAINING DEVICES, 226,379 226,379
NONSYSTEM.
141 SYNTHETIC TRAINING 234,965 234,965
ENVIRONMENT (STE).
142 GAMING TECHNOLOGY IN 9,698 9,698
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
143 INTEGRATED FAMILY OF 36,149 36,149
TEST EQUIPMENT
(IFTE).
144 TEST EQUIPMENT 32,623 32,623
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
145 PHYSICAL SECURITY 132,739 132,739
SYSTEMS (OPA3).
146 BASE LEVEL COMMON 34,460 34,460
EQUIPMENT.
147 MODIFICATION OF IN- 35,239 35,239
SVC EQUIPMENT (OPA-
3).
148 BUILDING, PRE-FAB, 31,011 31,011
RELOCATABLE.
149 SPECIAL EQUIPMENT FOR 52,481 52,481
TEST AND EVALUATION.
OPA2
151 INITIAL SPARES--C&E.. 9,169 9,169
TOTAL OTHER 8,672,979 8,725,753
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 41,329 41,329
HORNET.
002 JOINT STRIKE FIGHTER 2,410,569 2,382,069
CV.
Flyaway unit cost [-28,500]
growth.
003 JOINT STRIKE FIGHTER 189,425 189,425
CV AP.
004 JSF STOVL............ 2,126,317 2,083,651
Flyaway unit cost [-42,666]
growth.
005 JSF STOVL AP......... 193,125 193,125
006 CH-53K (HEAVY LIFT).. 1,698,050 1,698,050
007 CH-53K (HEAVY LIFT) 456,567 456,567
AP.
008 V-22 (MEDIUM LIFT)... 27,216 162,216
Program increase-- [135,000]
one additional
CMV-22 aircraft.
009 H-1 UPGRADES (UH-1Y/ 4,292 4,292
AH-1Z).
010 P-8A POSEIDON........ 31,257 391,257
Two additional [360,000]
aircraft.
011 E-2D ADV HAWKEYE..... 182,817 620,817
Two additional [438,000]
aircraft.
TRAINER AIRCRAFT
013 MULTI-ENGINE TRAINING 289,141 289,141
SYSTEM (METS).
OTHER AIRCRAFT
015 KC-130J.............. 241,291 241,291
017 MQ-4 TRITON.......... 416,010 416,010
019 MQ-8 UAV............. 1,546 1,546
021 MQ-25................ 545,697 346,697
Scheduling delays [-199,000]
022 MQ-25 AP............. 50,576 37,976
Scheduling delays [-12,600]
023 MARINE GROUP 5 UAS... 89,563 86,063
Ancillary [-3,500]
Equipment
carryover.
023A UC-12W............... 45,000
USMC UPL--2 [45,000]
additional
aircraft.
MODIFICATION OF
AIRCRAFT
024 F-18 A-D UNIQUE...... 116,551 116,551
025 F-18E/F AND EA-18G 605,416 605,416
MODERNIZATION AND
SUSTAINM.
026 MARINE GROUP 5 UAS 98,063 98,063
SERIES.
027 AEA SYSTEMS.......... 24,110 24,110
028 AV-8 SERIES.......... 22,829 22,829
029 INFRARED SEARCH AND 179,193 179,193
TRACK (IRST).
030 ADVERSARY............ 69,336 69,336
031 F-18 SERIES.......... 640,236 634,424
F/A-18 C/D/E/F [-5,812]
and EA-18G
training
equipment
previously funded.
032 H-53 SERIES.......... 41,414 41,414
033 MH-60 SERIES......... 106,495 106,495
034 H-1 SERIES........... 114,284 124,284
UH-1Y--SIEPU [10,000]
Upgrades.
035 EP-3 SERIES.......... 8,548 8,548
036 E-2 SERIES........... 183,246 183,246
037 TRAINER A/C SERIES... 16,376 16,376
039 C-130 SERIES......... 198,220 194,193
Technical [-4,027]
insertion (OSIP
019-14) Block 7
GFE unjustified
growth.
040 FEWSG................ 651 651
041 CARGO/TRANSPORT A/C 13,930 13,930
SERIES.
042 E-6 SERIES........... 164,571 164,571
043 EXECUTIVE HELICOPTERS 60,498 60,498
SERIES.
044 T-45 SERIES.......... 170,357 170,357
045 POWER PLANT CHANGES.. 21,079 21,079
046 JPATS SERIES......... 28,005 28,005
048 COMMON ECM EQUIPMENT. 53,614 53,614
049 COMMON AVIONICS 136,199 136,199
CHANGES.
050 COMMON DEFENSIVE 6,585 6,585
WEAPON SYSTEM.
051 ID SYSTEMS........... 13,085 13,085
052 P-8 SERIES........... 316,168 316,168
053 MAGTF EW FOR AVIATION 24,901 24,901
054 MQ-8 SERIES.......... 14,700 14,700
055 V-22 (TILT/ROTOR 215,997 226,887
ACFT) OSPREY.
V-22 Nacelle [10,890]
Improvement.
056 NEXT GENERATION 426,396 423,876
JAMMER (NGJ).
Contract savings. [-2,520]
057 F-35 STOVL SERIES.... 311,921 311,921
058 F-35 CV SERIES....... 166,909 166,909
059 QRC.................. 28,206 28,206
060 MQ-4 SERIES.......... 93,951 90,163
OSIP (003-23) [-3,788]
previously funded.
AIRCRAFT SPARES AND
REPAIR PARTS
062 SPARES AND REPAIR 2,451,244 2,451,244
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
063 COMMON GROUND 566,156 561,156
EQUIPMENT.
Program decrease. [-5,000]
064 AIRCRAFT INDUSTRIAL 133,815 133,815
FACILITIES.
065 WAR CONSUMABLES...... 44,632 44,632
066 OTHER PRODUCTION 49,907 49,907
CHARGES.
067 SPECIAL SUPPORT 404,178 384,850
EQUIPMENT.
Flyaway unit cost [-19,328]
growth.
TOTAL AIRCRAFT 17,336,760 18,008,909
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
BALLISTIC MISSILES
001 CONVENTIONAL PROMPT 341,434 256,076
STRIKE.
Early to need.... [-85,358]
MODIFICATION OF
MISSILES
002 TRIDENT II MODS...... 1,284,705 1,284,705
SUPPORT EQUIPMENT &
FACILITIES
003 MISSILE INDUSTRIAL 7,954 7,954
FACILITIES.
STRATEGIC MISSILES
004 TOMAHAWK............. 72,908 72,908
TACTICAL MISSILES
005 AMRAAM............... 439,153 439,153
006 SIDEWINDER........... 78,165 75,306
AUR Block II unit [-2,859]
cost increase.
007 STANDARD MISSILE..... 969,525 969,525
008 STANDARD MISSILE AP.. 227,320 227,320
009 SMALL DIAMETER BOMB 65,863 64,497
II.
AUR unit cost [-1,366]
growth.
010 RAM.................. 114,896 114,896
011 JOINT AIR GROUND 79,292 79,292
MISSILE (JAGM).
012 HELLFIRE............. 6,923 6,923
013 AERIAL TARGETS....... 176,588 176,588
014 OTHER MISSILE SUPPORT 3,687 3,687
015 LRASM................ 639,636 639,636
016 NAVAL STRIKE MISSILE 29,925 29,925
(NSM).
017 NAVAL STRIKE MISSILE 5,755 5,755
(NSM) AP.
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS........ 540,944 508,455
Contract award [-32,489]
delays.
019 ESSM................. 290,129 290,129
020 AARGM-ER............. 162,429 162,429
021 AARGM-ER AP.......... 33,273 33,273
022 STANDARD MISSILES 89,255 89,255
MODS.
SUPPORT EQUIPMENT &
FACILITIES
023 WEAPONS INDUSTRIAL 2,037 2,037
FACILITIES.
ORDNANCE SUPPORT
EQUIPMENT
025 ORDNANCE SUPPORT 208,154 208,154
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
026 SSTD................. 4,830 4,830
027 MK-48 TORPEDO........ 308,497 308,497
028 ASW TARGETS.......... 14,817 14,817
MOD OF TORPEDOES AND
RELATED EQUIP
029 MK-54 TORPEDO MODS... 104,086 104,086
030 MK-48 TORPEDO ADCAP 20,714 20,714
MODS.
031 MARITIME MINES....... 58,800 58,800
SUPPORT EQUIPMENT
032 TORPEDO SUPPORT 133,187 133,187
EQUIPMENT.
033 ASW RANGE SUPPORT.... 4,146 4,146
DESTINATION
TRANSPORTATION
034 FIRST DESTINATION 5,811 5,811
TRANSPORTATION.
GUNS AND GUN MOUNTS
035 SMALL ARMS AND 14,165 14,165
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
036 CIWS MODS............ 4,088 4,088
037 COAST GUARD WEAPONS.. 55,172 55,172
038 GUN MOUNT MODS....... 82,682 82,682
039 LCS MODULE WEAPONS... 3,264 3,264
040 AIRBORNE MINE 14,357 14,357
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
042 SPARES AND REPAIR 177,819 177,819
PARTS.
TOTAL WEAPONS 6,876,385 6,754,313
PROCUREMENT,
NAVY.
PROCUREMENT OF
AMMUNITION, NAVY AND
MARINE CORPS
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 43,519 38,893
O2181 laser [-4,626]
guided bombs
contract award
delay.
002 JDAM................. 73,689 73,689
003 AIRBORNE ROCKETS, ALL 67,423 62,228
TYPES.
MK 66 rocket [-5,195]
motor unit cost
growth.
004 MACHINE GUN 11,862 11,862
AMMUNITION.
005 PRACTICE BOMBS....... 52,481 46,325
01050 BLU-109 [-6,156]
contract award
delay.
006 CARTRIDGES & CART 72,426 72,426
ACTUATED DEVICES.
007 AIR EXPENDABLE 104,529 104,529
COUNTERMEASURES.
008 JATOS................ 7,433 7,433
009 5 INCH/54 GUN 30,871 25,841
AMMUNITION.
Insufficient [-5,030]
justification.
010 INTERMEDIATE CALIBER 41,261 41,261
GUN AMMUNITION.
011 OTHER SHIP GUN 44,044 44,044
AMMUNITION.
012 SMALL ARMS & LANDING 48,478 48,478
PARTY AMMO.
013 PYROTECHNIC AND 9,521 9,521
DEMOLITION.
014 AMMUNITION LESS THAN 1,679 1,679
$5 MILLION.
015 EXPEDITIONARY 249,575 299,575
LOITERING MUNITIONS.
Goalkeeper....... [50,000]
MARINE CORPS
AMMUNITION
016 MORTARS.............. 61,274 61,274
017 DIRECT SUPPORT 73,338 73,338
MUNITIONS.
018 INFANTRY WEAPONS 178,240 176,255
AMMUNITION.
AB39, CTG. 7.62 [-602]
millimeter MK 316
mod contract
award delay.
Excess to need: [-157]
Cartridge,
caliber 50 4 API
M8/1 API-T M20
linked.
Excess to need: [-1,226]
Cartridge,
Caliber 50 Linked
MK322 Mod 1/Ball
(1000m cap).
019 COMBAT SUPPORT 15,897 15,897
MUNITIONS.
020 AMMO MODERNIZATION... 17,941 17,941
021 ARTILLERY MUNITIONS.. 82,452 82,452
022 ITEMS LESS THAN $5 5,340 5,340
MILLION.
TOTAL 1,293,273 1,320,281
PROCUREMENT OF
AMMUNITION, NAVY
AND MARINE CORPS.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 2,443,598 2,443,598
SUBMARINE.
002 OHIO REPLACEMENT 3,390,734 3,390,734
SUBMARINE AP.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 1,115,296 1,115,296
PROGRAM.
004 CVN-81............... 800,492 800,492
005 VIRGINIA CLASS 7,129,965 7,129,965
SUBMARINE.
006 VIRGINIA CLASS 3,215,539 3,215,539
SUBMARINE AP.
008 CVN REFUELING 817,646 802,988
OVERHAULS AP.
Excess growth.... [-14,658]
009 DDG 1000............. 410,400 410,400
010 DDG-51............... 4,199,179 4,199,179
011 DDG-51 AP............ 284,035 784,035
Program increase. [500,000]
013 FFG-FRIGATE.......... 2,173,698 2,163,698
Insufficient [-10,000]
justification.
AMPHIBIOUS SHIPS
014 LPD FLIGHT II........ 1,000,000
Program increase [1,000,000]
for LPD-33--USMC
UFR.
018 LHA REPLACEMENT...... 1,830,149 1,830,149
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
021 AS SUBMARINE TENDER.. 1,733,234 248,000
Late contract [-1,485,234]
award.
022 TAO FLEET OILER...... 815,420 815,420
025 LCU 1700............. 62,532 62,532
026 OUTFITTING........... 557,365 539,681
Outfitting early [-17,684]
to need.
028 SERVICE CRAFT........ 63,815 93,815
Yard, Repair, [30,000]
Berthing, and
Messing Barge.
029 AUXILIARY PERSONNEL 72,000
LIGHTER.
Additional APL-67 [72,000]
class berthing
barge.
030 LCAC SLEP............ 15,286 15,286
031 AUXILIARY VESSELS 142,008 142,008
(USED SEALIFT).
032 COMPLETION OF PY 1,648,559 1,648,559
SHIPBUILDING
PROGRAMS.
TOTAL 32,848,950 32,923,374
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 14,003 14,003
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 105,441 100,100
HM&E.
DDG 51 ship [-5,341]
control system
cost growth.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 110,286 110,286
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 262,951 262,951
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 628,532 637,532
Navy Common [9,000]
Actuator.
006 FIREFIGHTING 34,782 34,782
EQUIPMENT.
007 COMMAND AND CONTROL 2,458 2,458
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 104,369 104,369
009 LCC 19/20 EXTENDED 10,529 10,529
SERVICE LIFE PROGRAM.
010 POLLUTION CONTROL 23,272 23,272
EQUIPMENT.
011 SUBMARINE SUPPORT 112,526 112,526
EQUIPMENT.
012 VIRGINIA CLASS 32,076 32,076
SUPPORT EQUIPMENT.
013 LCS CLASS SUPPORT 18,832 18,832
EQUIPMENT.
014 SUBMARINE BATTERIES.. 28,221 28,221
015 LPD CLASS SUPPORT 91,890 85,274
EQUIPMENT.
HWISW [-6,616]
obsolescence
installation cost
growth.
016 DDG 1000 CLASS 232,124 294,024
SUPPORT EQUIPMENT.
Navy UPL......... [61,900]
017 STRATEGIC PLATFORM 25,058 25,058
SUPPORT EQUIP.
018 DSSP EQUIPMENT....... 4,623 4,623
020 LCAC................. 10,794 10,794
021 UNDERWATER EOD 19,549 19,549
EQUIPMENT.
022 ITEMS LESS THAN $5 86,001 86,001
MILLION.
023 CHEMICAL WARFARE 3,288 3,288
DETECTORS.
REACTOR PLANT
EQUIPMENT
024 SHIP MAINTENANCE, 2,746,313 2,746,313
REPAIR AND
MODERNIZATION.
025 REACTOR POWER UNITS.. 2,016 2,016
026 REACTOR COMPONENTS... 390,148 390,148
OCEAN ENGINEERING
027 DIVING AND SALVAGE 18,086 18,086
EQUIPMENT.
SMALL BOATS
028 STANDARD BOATS....... 74,963 83,963
40-foot Patrol [9,000]
Boats.
PRODUCTION FACILITIES
EQUIPMENT
029 OPERATING FORCES IPE. 187,495 187,495
OTHER SHIP SUPPORT
030 LCS COMMON MISSION 49,060 49,060
MODULES EQUIPMENT.
031 LCS MCM MISSION 93,961 79,670
MODULES.
Excess to need... [-14,291]
033 LCS SUW MISSION 12,102 12,102
MODULES.
034 LCS IN-SERVICE 171,704 154,674
MODERNIZATION.
Excessive cost [-17,030]
growth.
035 SMALL & MEDIUM UUV... 61,951 61,951
LOGISTIC SUPPORT
036 LSD MIDLIFE & 7,594 7,594
MODERNIZATION.
SHIP SONARS
037 SPQ-9B RADAR......... 7,267 7,267
038 AN/SQQ-89 SURF ASW 138,065 138,065
COMBAT SYSTEM.
039 SSN ACOUSTIC 463,577 463,577
EQUIPMENT.
040 UNDERSEA WARFARE 23,452 23,452
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
041 SUBMARINE ACOUSTIC 46,726 46,726
WARFARE SYSTEM.
042 SSTD................. 14,560 14,560
043 FIXED SURVEILLANCE 420,069 420,069
SYSTEM.
044 SURTASS.............. 33,910 33,910
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............ 329,513 329,513
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 379,230 362,305
Excessive cost [-16,925]
growth.
047 AUTOMATED 4,082 4,082
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
048 COOPERATIVE 37,677 37,677
ENGAGEMENT
CAPABILITY.
049 NAVAL TACTICAL 15,374 15,374
COMMAND SUPPORT
SYSTEM (NTCSS).
050 ATDLS................ 50,148 50,148
051 NAVY COMMAND AND 3,918 3,918
CONTROL SYSTEM
(NCCS).
052 MINESWEEPING SYSTEM 16,814 16,814
REPLACEMENT.
054 NAVSTAR GPS RECEIVERS 37,319 37,319
(SPACE).
055 AMERICAN FORCES RADIO 2,750 2,750
AND TV SERVICE.
056 STRATEGIC PLATFORM 6,437 6,437
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
057 ASHORE ATC EQUIPMENT. 89,237 89,237
058 AFLOAT ATC EQUIPMENT. 90,487 88,369
Excessive cost [-2,118]
growth.
059 ID SYSTEMS........... 59,234 59,234
060 JOINT PRECISION 3,343 3,343
APPROACH AND LANDING
SYSTEM.
061 NAVAL MISSION 39,180 39,180
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
062 MARITIME INTEGRATED 6,994 6,994
BROADCAST SYSTEM.
063 TACTICAL/MOBILE C4I 52,026 52,026
SYSTEMS.
064 DCGS-N............... 16,579 16,579
065 CANES................ 467,587 467,587
066 RADIAC............... 16,475 16,475
067 CANES-INTELL......... 48,207 48,207
068 GPETE................ 25,761 25,761
069 MASF................. 16,475 16,475
070 INTEG COMBAT SYSTEM 6,345 6,345
TEST FACILITY.
071 EMI CONTROL 4,282 4,282
INSTRUMENTATION.
073 IN-SERVICE RADARS AND 255,256 240,256
SENSORS.
Insufficient [-15,000]
justification.
SHIPBOARD
COMMUNICATIONS
074 BATTLE FORCE TACTICAL 74,180 74,180
NETWORK.
075 SHIPBOARD TACTICAL 29,776 29,776
COMMUNICATIONS.
076 SHIP COMMUNICATIONS 96,916 96,916
AUTOMATION.
077 COMMUNICATIONS ITEMS 14,107 14,107
UNDER $5M.
SUBMARINE
COMMUNICATIONS
078 SUBMARINE BROADCAST 73,791 73,791
SUPPORT.
079 SUBMARINE 83,178 83,178
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
080 SATELLITE 72,871 72,871
COMMUNICATIONS
SYSTEMS.
081 NAVY MULTIBAND 37,921 37,921
TERMINAL (NMT).
SHORE COMMUNICATIONS
082 JOINT COMMUNICATIONS 5,065 5,065
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
083 INFO SYSTEMS SECURITY 154,890 154,890
PROGRAM (ISSP).
084 MIO INTEL 1,079 1,079
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
085 CRYPTOLOGIC 17,483 17,483
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
086 COAST GUARD EQUIPMENT 77,458 77,458
SONOBUOYS
088 SONOBUOYS--ALL TYPES. 311,177 311,177
AIRCRAFT SUPPORT
EQUIPMENT
089 MINOTAUR............. 5,396 5,396
090 WEAPONS RANGE SUPPORT 147,556 147,556
EQUIPMENT.
091 AIRCRAFT SUPPORT 162,273 162,273
EQUIPMENT.
092 ADVANCED ARRESTING 11,930 11,930
GEAR (AAG).
093 ELECTROMAGNETIC 17,836 17,836
AIRCRAFT LAUNCH
SYSTEM (EMALS.
094 METEOROLOGICAL 19,703 19,703
EQUIPMENT.
095 LEGACY AIRBORNE MCM.. 12,202 12,202
097 AVIATION SUPPORT 82,115 82,115
EQUIPMENT.
098 UMCS-UNMAN CARRIER 152,687 152,687
AVIATION(UCA)MISSION
CNTRL.
099 ARCHITECT & CAP FOR 1,612 1,612
AUTONOMY IN NAV
ENTER.
SHIP GUN SYSTEM
EQUIPMENT
100 SHIP GUN SYSTEMS 6,404 6,404
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
101 HARPOON SUPPORT 227 227
EQUIPMENT.
102 SHIP MISSILE SUPPORT 294,511 294,511
EQUIPMENT.
103 TOMAHAWK SUPPORT 92,432 92,432
EQUIPMENT.
FBM SUPPORT EQUIPMENT
104 STRATEGIC MISSILE 325,318 325,318
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
105 SSN COMBAT CONTROL 133,063 133,063
SYSTEMS.
106 ASW SUPPORT EQUIPMENT 27,469 27,469
OTHER ORDNANCE
SUPPORT EQUIPMENT
107 EXPLOSIVE ORDNANCE 27,864 27,864
DISPOSAL EQUIP.
108 ITEMS LESS THAN $5 6,171 6,171
MILLION.
OTHER EXPENDABLE
ORDNANCE
109 ANTI-SHIP MISSILE 56,630 56,630
DECOY SYSTEM.
110 SUBMARINE TRAINING 76,954 76,954
DEVICE MODS.
111 SURFACE TRAINING 209,487 209,487
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
112 PASSENGER CARRYING 3,827 3,827
VEHICLES.
113 GENERAL PURPOSE 4,570 4,570
TRUCKS.
114 CONSTRUCTION & 56,829 56,829
MAINTENANCE EQUIP.
115 FIRE FIGHTING 16,583 16,583
EQUIPMENT.
116 TACTICAL VEHICLES.... 24,236 24,236
117 AMPHIBIOUS EQUIPMENT. 4,504 4,504
118 POLLUTION CONTROL 3,898 3,898
EQUIPMENT.
119 ITEMS LESS THAN $5 67,286 67,286
MILLION.
120 PHYSICAL SECURITY 1,286 1,286
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
121 SUPPLY EQUIPMENT..... 33,258 33,258
122 FIRST DESTINATION 6,977 6,977
TRANSPORTATION.
123 SPECIAL PURPOSE 659,529 659,529
SUPPLY SYSTEMS.
TRAINING DEVICES
124 TRAINING SUPPORT 2,083 2,083
EQUIPMENT.
125 TRAINING AND 106,542 106,542
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
126 COMMAND SUPPORT 44,448 44,448
EQUIPMENT.
127 MEDICAL SUPPORT 12,529 12,529
EQUIPMENT.
129 NAVAL MIP SUPPORT 5,408 5,408
EQUIPMENT.
130 OPERATING FORCES 12,105 12,105
SUPPORT EQUIPMENT.
131 C4ISR EQUIPMENT...... 7,670 7,670
132 ENVIRONMENTAL SUPPORT 52,597 52,597
EQUIPMENT.
133 PHYSICAL SECURITY 108,901 108,901
EQUIPMENT.
134 ENTERPRISE 42,154 42,154
INFORMATION
TECHNOLOGY.
OTHER
139 NEXT GENERATION 177,585 177,585
ENTERPRISE SERVICE.
140 CYBERSPACE ACTIVITIES 23,176 23,176
CLASSIFIED PROGRAMS
143A CLASSIFIED PROGRAMS.. 16,290 17,990
Program increase. [1,700]
SPARES AND REPAIR
PARTS
142 SPARES AND REPAIR 645,900 645,900
PARTS.
143 VIRGINIA CLASS (VACL) 470,000 470,000
SPARES AND REPAIR
PARTS.
TOTAL OTHER 14,535,257 14,539,536
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 3,353 3,353
002 AMPHIBIOUS COMBAT 557,564 554,064
VEHICLE FAMILY OF
VEHICLES.
Unjustified [-3,500]
growth--Program
Management.
003 LAV PIP.............. 42,052 42,052
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 489 489
TOWED HOWITZER.
005 ARTILLERY WEAPONS 165,268 165,268
SYSTEM.
006 WEAPONS AND COMBAT 14,004 14,004
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
007 TOMAHAWK............. 105,192 105,192
008 NAVAL STRIKE MISSILE 169,726 169,726
(NSM).
009 NAVAL STRIKE MISSILE 39,244 39,244
(NSM) AP.
010 GROUND BASED AIR 249,103 253,603
DEFENSE.
Program increase. [4,500]
011 ANTI-ARMOR MISSILE- 54,883 54,883
JAVELIN.
012 FAMILY ANTI-ARMOR 23,627 23,627
WEAPON SYSTEMS
(FOAAWS).
013 ANTI-ARMOR MISSILE- 2,007 2,007
TOW.
014 GUIDED MLRS ROCKET 8,867 8,867
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
015 COMMON AVIATION 75,382 72,908
COMMAND AND CONTROL
SYSTEM.
Unjustified [-2,474]
fielding growth.
REPAIR AND TEST
EQUIPMENT
016 REPAIR AND TEST 53,590 53,590
EQUIPMENT.
OTHER SUPPORT (TEL)
017 MODIFICATION KITS.... 1,782 1,782
COMMAND AND CONTROL
SYSTEM (NON-TEL)
018 ITEMS UNDER $5 122,917 118,038
MILLION (COMM &
ELEC).
SBNVG unit cost [-4,879]
growth.
019 AIR OPERATIONS C2 23,744 23,744
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
020 GROUND/AIR TASK 66,291 66,291
ORIENTED RADAR (G/
ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
021 ELECTRO MAGNETIC 177,270 177,270
SPECTRUM OPERATIONS
(EMSO).
022 GCSS-MC.............. 4,144 4,144
023 FIRE SUPPORT SYSTEM.. 58,483 58,483
024 INTELLIGENCE SUPPORT 148,062 148,062
EQUIPMENT.
026 UNMANNED AIR SYSTEMS 52,273 48,909
(INTEL).
Unit cost growth. [-3,364]
027 DCGS-MC.............. 68,289 73,389
USMC UPL #5...... [5,100]
028 UAS PAYLOADS......... 19,088 19,088
OTHER SUPPORT (NON-
TEL)
031 EXPEDITIONARY SUPPORT 2,010 2,010
EQUIPMENT.
032 MARINE CORPS 259,044 244,479
ENTERPRISE NETWORK
(MCEN).
Network transport [-14,565]
excess growth.
033 COMMON COMPUTER 27,966 27,966
RESOURCES.
034 COMMAND POST SYSTEMS. 71,109 69,151
Unit cost growth. [-1,958]
035 RADIO SYSTEMS........ 544,059 504,327
Unexecutable [-39,732]
growth.
036 COMM SWITCHING & 46,276 46,276
CONTROL SYSTEMS.
037 COMM & ELEC 27,111 27,111
INFRASTRUCTURE
SUPPORT.
038 CYBERSPACE ACTIVITIES 27,583 27,583
040 UNMANNED 13,564 13,564
EXPEDITIONARY
SYSTEMS.
CLASSIFIED PROGRAMS
057A CLASSIFIED PROGRAMS.. 2,799 2,799
ADMINISTRATIVE
VEHICLES
043 COMMERCIAL CARGO 34,169 34,169
VEHICLES.
TACTICAL VEHICLES
044 MOTOR TRANSPORT 17,299 17,299
MODIFICATIONS.
045 JOINT LIGHT TACTICAL 232,501 232,501
VEHICLE.
046 TRAILERS............. 2,034 2,034
ENGINEER AND OTHER
EQUIPMENT
047 TACTICAL FUEL SYSTEMS 12,956 12,956
048 POWER EQUIPMENT 28,899 28,899
ASSORTED.
049 AMPHIBIOUS SUPPORT 15,691 15,691
EQUIPMENT.
050 EOD SYSTEMS.......... 41,200 41,200
MATERIALS HANDLING
EQUIPMENT
051 PHYSICAL SECURITY 53,949 53,949
EQUIPMENT.
GENERAL PROPERTY
052 FIELD MEDICAL 5,457 5,457
EQUIPMENT.
053 TRAINING DEVICES..... 96,577 96,577
054 FAMILY OF 29,883 29,883
CONSTRUCTION
EQUIPMENT.
055 ULTRA-LIGHT TACTICAL 17,034 17,034
VEHICLE (ULTV).
OTHER SUPPORT
056 ITEMS LESS THAN $5 27,691 27,691
MILLION.
SPARES AND REPAIR
PARTS
057 SPARES AND REPAIR 35,657 35,657
PARTS.
TOTAL 3,979,212 3,918,340
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER.......... 1,617,093 1,617,093
002 B-21 RAIDER AP....... 708,000 708,000
TACTICAL FORCES
003 F-35................. 4,877,121 4,773,381
Flyaway unit cost [-103,740]
growth.
004 F-35 AP.............. 402,000 402,000
005 F-15EX............... 2,670,039 2,442,861
Other support [-26,730]
costs unjustified
growth.
Technical [-200,448]
realignment.
006 F-15EX AP............ 228,000 228,000
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,882,590 2,835,019
Commodities [-41,000]
activation excess
to need.
Cost [-6,571]
overestimation:
Other government
costs.
OTHER AIRLIFT
008 C-130J............... 34,921 34,921
HELICOPTERS
011 MH-139A.............. 228,807 228,807
012 COMBAT RESCUE 282,533 379,749
HELICOPTER.
Obsolesence ahead [-22,784]
of need.
Program increase-- [120,000]
two aircraft.
MISSION SUPPORT
AIRCRAFT
013 CIVIL AIR PATROL A/C. 3,013 11,900
Program increase. [8,887]
OTHER AIRCRAFT
015 TARGET DRONES........ 42,226 42,226
017 E-11 BACN/HAG........ 67,367 67,367
STRATEGIC AIRCRAFT
019 B-2A................. 107,980 104,380
Excess to need: [-3,600]
IFF transponder.
020 B-1B................. 12,757 9,782
Technical [-2,975]
realignment.
021 B-52................. 65,815 48,599
Cost [-3,199]
overestimation:
Tactical data
links program
support.
Technical [-14,017]
realignment.
022 LARGE AIRCRAFT 21,723 21,723
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
024 E-11 BACN/HAG........ 58,923 58,923
025 F-15................. 34,830 155,278
Technical [120,448]
realignment.
026 F-16................. 297,342 360,743
Comms suite [-5,454]
upgrade
installation
delays.
Comms suite [-5,705]
upgrade kits
previously funded.
IVEWS restoration [100,000]
SLEP costs [-25,440]
previously funded.
027 F-22A................ 794,676 359,679
Sensor [-434,997]
enhancement
delays.
028 F-35 MODIFICATIONS... 451,798 451,798
029 F-15 EPAW............ 280,658 264,977
SEPM unjustified [-15,681]
growth.
AIRLIFT AIRCRAFT
031 C-5.................. 24,377 24,377
032 C-17A................ 140,560 140,560
033 C-32A................ 19,060 19,060
034 C-37A................ 13,454 13,454
TRAINER AIRCRAFT
035 GLIDER MODS.......... 5,270 5,270
036 T-6.................. 2,942 2,942
037 T-1.................. 10,950 10,950
038 T-38................. 125,340 125,340
OTHER AIRCRAFT
040 U-2 MODS............. 54,727 54,727
042 C-12................. 446 446
044 VC-25A MOD........... 29,707 29,707
045 C-40................. 8,921 8,921
046 C-130................ 71,177 91,177
iMAFFS........... [20,000]
047 C-130J MODS.......... 121,258 121,258
048 C-135................ 153,595 153,595
049 COMPASS CALL......... 144,686 194,686
SABER integration [50,000]
on EC-37B
aircraft.
050 COMBAT FLIGHT 446 446
INSPECTION--CFIN.
051 RC-135............... 220,138 220,138
052 E-3.................. 1,350 1,350
053 E-4.................. 13,055 13,055
056 H-1.................. 816 816
057 H-60................. 4,207 4,207
060 HC/MC-130 101,055 101,055
MODIFICATIONS.
061 OTHER AIRCRAFT....... 54,134 73,403
Technical [11,619]
realignment.
Technical [7,650]
realignment--Sent
inel Aircraft
Procurement.
062 MQ-9 MODS............ 98,063 98,063
064 SENIOR LEADER C3 24,847 24,847
SYSTEM--AIRCRAFT.
065 CV-22 MODS........... 153,006 153,006
AIRCRAFT SPARES AND
REPAIR PARTS
066 INITIAL SPARES/REPAIR 781,521 772,877
PARTS.
Technical [-8,644]
realignment.
COMMON SUPPORT
EQUIPMENT
067 AIRCRAFT REPLACEMENT 157,664 157,664
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
068 B-2A................. 1,838 1,838
069 B-2B................. 15,207 15,207
072 MC-130J.............. 10,117 10,117
074 F-16................. 1,075 1,075
075 F-22A................ 38,418 38,418
INDUSTRIAL
PREPAREDNESS
079 INDUSTRIAL 18,874 18,874
RESPONSIVENESS.
WAR CONSUMABLES
080 WAR CONSUMABLES...... 27,482 27,482
OTHER PRODUCTION
CHARGES
081 OTHER PRODUCTION 1,478,044 1,295,035
CHARGES.
DAF requested [80,000]
realignment of
funds.
Excess to need... [-229,400]
T-7A depot [-33,609]
activation ahead
of need.
CLASSIFIED PROGRAMS
083A CLASSIFIED PROGRAMS.. 17,165 17,165
TOTAL AIRCRAFT 20,315,204 19,649,814
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 69,319 69,319
EQ-BALLISTIC.
BALLISTIC MISSILES
003 GROUND BASED 539,300 539,300
STRATEGIC DETERRENT
AP.
STRATEGIC
004 LONG RANGE STAND-OFF 66,816 66,816
WEAPON.
TACTICAL
005 REPLAC EQUIP & WAR 37,318 37,318
CONSUMABLES.
006 JOINT AIR-SURFACE 915,996 915,996
STANDOFF MISSILE.
007 JOINT AIR-SURFACE 769,672 769,672
STANDOFF MISSILE AP.
008 JOINT STRIKE MISSILE. 161,011 161,011
009 LRASM0............... 87,796 87,796
010 LRASM0 AP............ 99,871 99,871
011 SIDEWINDER (AIM-9X).. 95,643 95,643
012 AMRAAM............... 489,049 489,049
013 AMRAAM AP............ 212,410 212,410
014 PREDATOR HELLFIRE 1,049 1,049
MISSILE.
015 SMALL DIAMETER BOMB.. 48,734 48,734
016 SMALL DIAMETER BOMB 291,553 291,553
II.
017 STAND-IN ATTACK 41,947 41,947
WEAPON (SIAW).
INDUSTRIAL FACILITIES
018 INDUSTRIAL 793 793
PREPAREDNESS/POL
PREVENTION.
CLASS IV
019 ICBM FUZE MOD........ 115,745 115,745
020 ICBM FUZE MOD AP..... 43,044 43,044
021 MM III MODIFICATIONS. 48,639 48,639
022 AIR LAUNCH CRUISE 41,494 41,494
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
023 MSL SPRS/REPAIR PARTS 6,840 6,840
(INITIAL).
024 MSL SPRS/REPAIR PARTS 75,191 75,191
(REPLEN).
SPECIAL PROGRAMS
029 SPECIAL UPDATE 419,498 419,498
PROGRAMS.
CLASSIFIED PROGRAMS
029A CLASSIFIED PROGRAMS.. 851,718 851,718
TOTAL MISSILE 5,530,446 5,530,446
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 18,483 18,483
CARTRIDGES
002 CARTRIDGES........... 101,104 100,604
Small cal/ground [-500]
munitions--(A143)
7.62MM ball
linked unit cost
adjustment.
BOMBS
004 GENERAL PURPOSE BOMBS 142,118 127,263
Previously funded [-14,855]
items.
005 MASSIVE ORDNANCE 14,074 1,250
PENETRATOR (MOP).
Unjustified [-12,824]
request.
006 JOINT DIRECT ATTACK 132,364 128,487
MUNITION.
PSC other [-3,877]
government costs
unjustified
growth.
007 B-61................. 68 68
008 B61-12 TRAINER....... 10,100 10,100
OTHER ITEMS
009 CAD/PAD.............. 51,487 51,487
010 EXPLOSIVE ORDNANCE 6,707 6,707
DISPOSAL (EOD).
011 SPARES AND REPAIR 585 585
PARTS.
013 FIRST DESTINATION 2,299 2,299
TRANSPORTATION.
014 ITEMS LESS THAN 5,115 5,115
$5,000,000.
FLARES
015 EXPENDABLE 79,786 79,786
COUNTERMEASURES.
FUZES
016 FUZES................ 109,562 109,562
SMALL ARMS
017 SMALL ARMS........... 29,306 29,306
TOTAL 703,158 671,102
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
001 AF SATELLITE COMM 64,345 64,345
SYSTEM.
003 COUNTERSPACE SYSTEMS. 52,665 52,665
004 FAMILY OF BEYOND LINE- 25,057 25,057
OF-SIGHT TERMINALS.
005 FABT FORCE ELEMENT 121,634 121,634
TERMINAL.
007 GENERAL INFORMATION 3,451 3,451
TECH--SPACE.
008 GPSIII FOLLOW ON..... 119,700 70,400
Request for [-49,300]
Equitable
Adjustment.
009 GPS III SPACE SEGMENT 121,770 103,670
Unjustified [-18,100]
growth SV 03-10
production.
010 GLOBAL POSTIONING 893 893
(SPACE).
011 HERITAGE TRANSITION.. 6,110 6,110
012 JOINT TACTICAL GROUND 580 580
STATIONS.
013 SPACEBORNE EQUIP 83,168 83,168
(COMSEC).
014 MILSATCOM............ 44,672 44,672
015 SBIR HIGH (SPACE).... 39,438 39,438
016 SPECIAL SPACE 840,913 380,213
ACTIVITIES.
Space Force [-497,000]
realignment of
funds.
Space Force [36,300]
Unfunded
Priorities List
Classified
Program A.
017 MOBILE USER OBJECTIVE 101,147 101,147
SYSTEM.
018 NATIONAL SECURITY 2,142,846 2,142,846
SPACE LAUNCH.
020 PTES HUB............. 56,482 56,482
021 ROCKET SYSTEMS LAUNCH 74,848 74,848
PROGRAM.
022 SPACE DEVELOPMENT 529,468 529,468
AGENCY LAUNCH.
023 SPACE MODS........... 166,596 166,596
024 SPACELIFT RANGE 114,505 114,505
SYSTEM SPACE.
SPARES
025 SPARES AND REPAIR 906 906
PARTS.
SUPPORT EQUIPMENT
026 POWER CONDITIONING 3,100 3,100
EQUIPMENT.
TOTAL 4,714,294 4,186,194
PROCUREMENT,
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 6,123 6,123
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 3,961 3,961
VEHICLE.
003 CAP VEHICLES......... 1,027 1,027
004 CARGO AND UTILITY 45,036 47,338
VEHICLES.
Technical [2,302]
realignment.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 57,780 51,721
VEHICLE.
Utility [-6,059]
unjustified unit
cost growth.
006 SECURITY AND TACTICAL 390 390
VEHICLES.
007 SPECIAL PURPOSE 79,023 82,803
VEHICLES.
Technical [3,780]
realignment.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 70,252 70,252
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 73,805 75,895
VEHICLES.
Technical [2,090]
realignment.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 22,030 22,030
CLEANING EQU.
011 BASE MAINTENANCE 223,354 240,634
SUPPORT VEHICLES.
Technical [17,280]
realignment.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 98,600 98,600
INTELLIGENCE PROGRAMS
015 INTERNATIONAL INTEL 5,393 5,393
TECH & ARCHITECTURES.
016 INTELLIGENCE TRAINING 5,012 5,012
EQUIPMENT.
017 INTELLIGENCE COMM 40,042 40,042
EQUIPMENT.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 67,581 67,581
LANDING SYS.
019 NATIONAL AIRSPACE 3,841 3,841
SYSTEM.
020 BATTLE CONTROL 1,867 1,867
SYSTEM--FIXED.
022 3D EXPEDITIONARY LONG- 83,735 83,735
RANGE RADAR.
023 WEATHER OBSERVATION 28,530 28,530
FORECAST.
024 STRATEGIC COMMAND AND 73,593 73,593
CONTROL.
025 CHEYENNE MOUNTAIN 8,221 8,221
COMPLEX.
026 MISSION PLANNING 17,078 17,078
SYSTEMS.
029 STRATEGIC MISSION 3,861 3,861
PLANNING & EXECUTION
SYSTEM.
SPCL COMM-ELECTRONICS
PROJECTS
030 GENERAL INFORMATION 206,142 212,093
TECHNOLOGY.
Insufficient [-25,000]
justification.
Technical [30,951]
realignment.
031 AF GLOBAL COMMAND & 2,582 2,582
CONTROL SYS.
032 BATTLEFIELD AIRBORNE 30 30
CONTROL NODE (BACN).
033 MOBILITY COMMAND AND 3,768 3,768
CONTROL.
034 AIR FORCE PHYSICAL 208,704 208,704
SECURITY SYSTEM.
035 COMBAT TRAINING 346,340 343,290
RANGES.
Unit cost growth: [-3,050]
P6CTS.
036 MINIMUM ESSENTIAL 84,102 84,102
EMERGENCY COMM N.
037 WIDE AREA 11,594 11,594
SURVEILLANCE (WAS).
038 C3 COUNTERMEASURES... 148,818 148,818
044 AIR & SPACE 5,032 5,032
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
046 BASE INFORMATION 108,532 322,704
TRANSPT INFRAST
(BITI) WIRED.
Technical [214,172]
realignment.
047 AFNET................ 154,911 152,618
Insufficient [-2,293]
justification.
048 JOINT COMMUNICATIONS 5,381 5,381
SUPPORT ELEMENT
(JCSE).
049 USCENTCOM............ 18,025 18,025
050 USSTRATCOM........... 4,436 4,436
051 USSPACECOM........... 27,073 27,073
ORGANIZATION AND BASE
052 TACTICAL C-E 226,819 226,819
EQUIPMENT.
053 RADIO EQUIPMENT...... 30,407 30,407
054 BASE COMM 113,563 113,563
INFRASTRUCTURE.
MODIFICATIONS
055 COMM ELECT MODS...... 98,224 115,224
NORTHCOM UPL-- [17,000]
Over the Horizon
Radar
Acceleration.
PERSONAL SAFETY &
RESCUE EQUIP
056 PERSONAL SAFETY AND 60,473 60,473
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
057 POWER CONDITIONING 9,235 9,235
EQUIPMENT.
058 MECHANIZED MATERIAL 15,662 15,662
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
059 BASE PROCURED 77,875 77,875
EQUIPMENT.
060 ENGINEERING AND EOD 280,734 293,968
EQUIPMENT.
DAF requested [5,950]
realignment of
funds from OMAF
SAG 11R.
Recovery of Air [5,000]
Bases Denied by
Ordnance Program.
Technical [2,284]
realignment.
061 MOBILITY EQUIPMENT... 207,071 232,271
Technical [25,200]
realignment.
062 FUELS SUPPORT 218,790 208,336
EQUIPMENT (FSE).
All Terrain Berm [-7,215]
Storage System
schedule
discrepancies.
Fuel storage [-3,239]
bladder
unjustified unit
cost growth.
063 BASE MAINTENANCE AND 51,914 51,914
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
065 DARP RC135........... 28,882 28,882
066 DCGS-AF.............. 129,655 129,655
070 SPECIAL UPDATE 1,042,833 1,042,833
PROGRAM.
CLASSIFIED PROGRAMS
072A CLASSIFIED PROGRAMS.. 25,456,490 25,456,490
SPARES AND REPAIR
PARTS
071 SPARES AND REPAIR 1,032 1,032
PARTS (CYBER).
072 SPARES AND REPAIR 12,628 12,628
PARTS.
TOTAL OTHER 30,417,892 30,697,045
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, SDA
001 MAJOR EQUIPMENT, DPAA 516 516
002 MAJOR EQUIPMENT, OSD. 186,006 186,006
MAJOR EQUIPMENT, DISA
011 INFORMATION SYSTEMS 12,275 12,275
SECURITY.
012 TELEPORT PROGRAM..... 42,399 42,399
014 ITEMS LESS THAN $5 47,538 47,538
MILLION.
015 DEFENSE INFORMATION 39,472 39,472
SYSTEM NETWORK.
016 WHITE HOUSE 118,523 118,523
COMMUNICATION AGENCY.
017 SENIOR LEADERSHIP 94,591 94,591
ENTERPRISE.
018 JOINT REGIONAL 22,714 22,714
SECURITY STACKS
(JRSS).
019 JOINT SERVICE 107,637 97,637
PROVIDER.
Insufficient [-10,000]
justification.
020 FOURTH ESTATE NETWORK 33,047 33,047
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
028 MAJOR EQUIPMENT...... 30,355 30,355
MAJOR EQUIPMENT, DCSA
029 MAJOR EQUIPMENT...... 2,135 2,135
MAJOR EQUIPMENT, TJS
030 MAJOR EQUIPMENT, TJS. 3,747 3,747
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
031 THAAD................ 216,782 316,782
6 additional [100,000]
THAAD
Interceptors.
033 AEGIS BMD............ 374,756 374,756
035 BMDS AN/TPY-2 RADARS. 29,108 29,108
036 SM-3 IIAS............ 432,824 432,824
037 ARROW 3 UPPER TIER 80,000 80,000
SYSTEMS.
038 SHORT RANGE BALLISTIC 40,000 40,000
MISSILE DEFENSE
(SRBMD).
039 DEFENSE OF GUAM 169,627 169,627
PROCUREMENT.
040 AEGIS ASHORE PHASE 2,390 2,390
III.
041 IRON DOME............ 80,000 80,000
042 AEGIS BMD HARDWARE 27,825 27,825
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
043 PERSONNEL 3,704 3,704
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
046 VEHICLES............. 366 366
047 OTHER MAJOR EQUIPMENT 12,787 12,787
048 DTRA CYBER ACTIVITIES 21,413 21,413
MAJOR EQUIPMENT,
DODEA
049 AUTOMATION/ 1,358 1,358
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DMACT
050 MAJOR EQUIPMENT...... 13,012 13,012
MAJOR EQUIPMENT,
USCYBERCOM
051 CYBERSPACE OPERATIONS 129,082 129,082
CLASSIFIED PROGRAMS
UNDISTRIBUTED
073A CLASSIFIED PROGRAMS.. 658,529 658,529
AVIATION PROGRAMS
053 ARMED OVERWATCH/ 266,846 266,846
TARGETING.
054 MANNED ISR........... 7,000 7,000
055 MC-12................ 600 600
057 ROTARY WING UPGRADES 261,012 256,012
AND SUSTAINMENT.
Underexecution... [-5,000]
058 UNMANNED ISR......... 26,997 26,997
059 NON-STANDARD AVIATION 25,782 21,782
Theater Basing [-4,000]
Initiatives
excess to need.
060 U-28................. 7,198 7,198
061 MH-47 CHINOOK........ 149,883 149,883
062 CV-22 MODIFICATION... 75,981 75,981
063 MQ-9 UNMANNED AERIAL 17,684 17,684
VEHICLE.
064 PRECISION STRIKE 108,497 108,497
PACKAGE.
065 AC/MC-130J........... 319,754 319,754
066 C-130 MODIFICATIONS.. 18,796 18,796
SHIPBUILDING
067 UNDERWATER SYSTEMS... 66,111 73,111
Deep Submergence [7,000]
Collective
Propulsion.
AMMUNITION PROGRAMS
068 ORDNANCE ITEMS <$5M.. 147,831 147,831
OTHER PROCUREMENT
PROGRAMS
069 INTELLIGENCE SYSTEMS. 203,400 203,400
070 DISTRIBUTED COMMON 5,718 5,718
GROUND/SURFACE
SYSTEMS.
071 OTHER ITEMS <$5M..... 108,816 106,316
Program decrease. [-2,500]
072 COMBATANT CRAFT 55,064 55,064
SYSTEMS.
073 SPECIAL PROGRAMS..... 20,412 20,412
074 TACTICAL VEHICLES.... 56,561 56,561
075 WARRIOR SYSTEMS <$5M. 329,837 370,437
USSOCOM UPL-- [40,600]
Counter Uncrewed
Aerial Systems
(CUAS) Group 3
Defeat
Acceleration.
076 COMBAT MISSION 4,987 4,987
REQUIREMENTS.
077 OPERATIONAL 23,639 23,639
ENHANCEMENTS
INTELLIGENCE.
078 OPERATIONAL 322,341 322,341
ENHANCEMENTS.
CBDP
079 CHEMICAL BIOLOGICAL 159,884 159,884
SITUATIONAL
AWARENESS.
080 CB PROTECTION & 231,826 231,826
HAZARD MITIGATION.
TOTAL 6,056,975 6,183,075
PROCUREMENT,
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
006 UNDISTRIBUTED........ 100,000
Program increase. [100,000]
TOTAL NATIONAL 100,000
GUARD AND
RESERVE
EQUIPMENT.
TOTAL 167,988,341 169,169,465
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2024 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES......... 296,670 301,670
.................................. AI-Enhanced Quantum Computing..... [5,000]
002 0601103A UNIVERSITY RESEARCH INITIATIVES... 75,672 75,672
003 0601104A UNIVERSITY AND INDUSTRY RESEARCH 108,946 110,946
CENTERS.
.................................. Hypervelocity research and testing [2,000]
004 0601121A CYBER COLLABORATIVE RESEARCH 5,459 5,459
ALLIANCE.
005 0601601A ARTIFICIAL INTELLIGENCE AND 10,708 10,708
MACHINE LEARNING BASIC RESEARCH.
.................................. SUBTOTAL BASIC RESEARCH........... 497,455 504,455
..................................
.................................. APPLIED RESEARCH
006 0602002A ARMY AGILE INNOVATION AND 5,613 5,613
DEVELOPMENT-APPLIED RESEARCH.
008 0602134A COUNTER IMPROVISED-THREAT ADVANCED 6,242 6,242
STUDIES.
009 0602141A LETHALITY TECHNOLOGY.............. 85,578 95,578
.................................. Armaments technology for unmanned [2,500]
systems.
.................................. Convergent Advanced Manufacturing [2,500]
for Extreme Environments.
.................................. Crtitical energetic materials [2,500]
chemistries.
.................................. Universal Nanocrystalline Alloys [2,500]
Lethality.
010 0602142A ARMY APPLIED RESEARCH............. 34,572 34,572
011 0602143A SOLDIER LETHALITY TECHNOLOGY...... 104,470 124,970
.................................. Airborne Pathfinder............... [8,000]
.................................. Body armor research............... [2,500]
.................................. Digital night vision technology... [5,000]
.................................. Pathfinder program................ [2,500]
.................................. Wafer-Level Vacuum Packaging [2,500]
(WLVP) of Microbolometers.
012 0602144A GROUND TECHNOLOGY................. 60,005 85,505
.................................. Cold weather research............. [2,500]
.................................. Critical hybrid advanced materials [5,000]
processing.
.................................. Engineered repair materials for [3,000]
roadways.
.................................. Polar proving ground and training [5,000]
program.
.................................. Titanium metal powder production [10,000]
technology.
013 0602145A NEXT GENERATION COMBAT VEHICLE 166,500 180,500
TECHNOLOGY.
.................................. Fuel cells for next generation [3,500]
combat vehicles.
.................................. High Mobility Multipurpose Wheeled [500]
Vehicle (HMMWD - Humvee) Gunner
Restraint System (GRS).
.................................. Hydrogen fuel source research and [10,000]
development.
014 0602146A NETWORK C3I TECHNOLOGY............ 81,618 86,618
.................................. Intelligent Resilience of [2,500]
Communications Signals.
.................................. Secure Microelectronic Interposer [2,500]
Technology.
015 0602147A LONG RANGE PRECISION FIRES 34,683 37,183
TECHNOLOGY.
.................................. Additive manufacturing for low- [2,500]
cost missile applications.
016 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 73,844 76,344
.................................. eVTOL power source development.... [2,500]
017 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 33,301 60,801
.................................. Counter-Unmanned Aircraft Systems [5,000]
technology.
.................................. High energy laser enabling and [2,500]
support technology.
.................................. High energy Laser in a Box........ [20,000]
018 0602180A ARTIFICIAL INTELLIGENCE AND 24,142 24,142
MACHINE LEARNING TECHNOLOGIES.
019 0602181A ALL DOMAIN CONVERGENCE APPLIED 14,297 14,297
RESEARCH.
020 0602182A C3I APPLIED RESEARCH.............. 30,659 30,659
021 0602183A AIR PLATFORM APPLIED RESEARCH..... 48,163 49,663
.................................. Unmanned aerial and ground sensor [1,500]
network.
022 0602184A SOLDIER APPLIED RESEARCH.......... 18,986 18,986
023 0602213A C3I APPLIED CYBER................. 22,714 22,714
024 0602386A BIOTECHNOLOGY FOR MATERIALS-- 16,736 16,736
APPLIED RESEARCH.
025 0602785A MANPOWER/PERSONNEL/TRAINING 19,969 19,969
TECHNOLOGY.
026 0602787A MEDICAL TECHNOLOGY................ 66,266 76,166
.................................. Precision Medicine for Bone [4,900]
Injuries.
.................................. Preventing trauma-related stress [5,000]
disorder.
.................................. SUBTOTAL APPLIED RESEARCH......... 948,358 1,067,258
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
027 0603002A MEDICAL ADVANCED TECHNOLOGY....... 4,147 12,147
.................................. Hearing Protections Communications [8,000]
028 0603007A MANPOWER, PERSONNEL AND TRAINING 16,316 16,316
ADVANCED TECHNOLOGY.
029 0603025A ARMY AGILE INNOVATION AND 23,156 23,156
DEMONSTRATION.
030 0603040A ARTIFICIAL INTELLIGENCE AND 13,187 18,187
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
.................................. Tactical artificial intelligence [5,000]
and machine learning.
031 0603041A ALL DOMAIN CONVERGENCE ADVANCED 33,332 33,332
TECHNOLOGY.
032 0603042A C3I ADVANCED TECHNOLOGY........... 19,225 19,225
033 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 14,165 14,165
034 0603044A SOLDIER ADVANCED TECHNOLOGY....... 1,214 1,214
036 0603116A LETHALITY ADVANCED TECHNOLOGY..... 20,582 17,755
.................................. Program decrease.................. [-2,827]
037 0603117A ARMY ADVANCED TECHNOLOGY 136,280 136,280
DEVELOPMENT.
038 0603118A SOLDIER LETHALITY ADVANCED 102,778 105,278
TECHNOLOGY.
.................................. Autonomous Long Range Resupply.... [2,500]
039 0603119A GROUND ADVANCED TECHNOLOGY........ 40,597 48,097
.................................. Advanced composites and multi- [5,000]
material protective systems.
.................................. Research supporting rapid entry in [2,500]
Arctic conditions.
040 0603134A COUNTER IMPROVISED-THREAT 21,672 21,672
SIMULATION.
041 0603386A BIOTECHNOLOGY FOR MATERIALS-- 59,871 59,871
ADVANCED RESEARCH.
042 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 28,847 28,847
043 0603461A HIGH PERFORMANCE COMPUTING 255,772 255,772
MODERNIZATION PROGRAM.
044 0603462A NEXT GENERATION COMBAT VEHICLE 217,394 234,894
ADVANCED TECHNOLOGY.
.................................. Advanced Manufacturing Center of [12,500]
Excellence.
.................................. Next Generation Combat Vehicle [5,000]
Advanced Technology (Silent Watch
Hydrogen Fuel Cell).
045 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 105,549 105,549
046 0603464A LONG RANGE PRECISION FIRES 153,024 188,024
ADVANCED TECHNOLOGY.
.................................. Aluminum-Lithium Alloy Solid [5,000]
Rocket Motor.
.................................. Maneuvering Submunitions for [5,000]
Precision Strike Missile.
.................................. Missile Virtual Interactive [5,000]
Testbeds And Labs.
.................................. XM1155 Glide Flight Projectile.... [20,000]
047 0603465A FUTURE VERTICAL LIFT ADVANCED 158,795 173,795
TECHNOLOGY.
.................................. Additive manufacturing............ [10,000]
.................................. Next Generation Vertical Takeoff [5,000]
and Landing Concepts for Unmanned
Aircraft.
048 0603466A AIR AND MISSILE DEFENSE ADVANCED 21,015 23,515
TECHNOLOGY.
.................................. SHORAD S&T Engineering and [2,500]
Integration (SSEI) Lab.
049 0603920A HUMANITARIAN DEMINING............. 9,068 23,000
.................................. Program increase.................. [13,932]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,455,986 1,560,091
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
051 0603305A ARMY MISSLE DEFENSE SYSTEMS 12,904 32,904
INTEGRATION.
.................................. Artificial Intelligence Decision [5,000]
Aids for All Domain Operations.
.................................. Capability for Advanced Protetive [8,000]
Technologies Assessment and
Integration (CAPTAIN).
.................................. Integrated Environmental Control [5,000]
and Power.
.................................. Resilient Position, Navigation, [2,000]
and Timing Development (PNT).
052 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 19,120 24,120
.................................. Essential Multi-Function Multi- [5,000]
Mission Payload Development.
054 0603619A LANDMINE WARFARE AND BARRIER--ADV 47,537 47,537
DEV.
055 0603639A TANK AND MEDIUM CALIBER AMMUNITION 91,323 91,323
056 0603645A ARMORED SYSTEM MODERNIZATION--ADV 43,026 43,026
DEV.
057 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 3,550 3,550
058 0603766A TACTICAL ELECTRONIC SURVEILLANCE 65,567 65,567
SYSTEM--ADV DEV.
059 0603774A NIGHT VISION SYSTEMS ADVANCED 73,675 73,675
DEVELOPMENT.
060 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 31,720 34,220
DEM/VAL.
.................................. Program decrease.................. [-2,500]
.................................. Underwater Cut and Capture [5,000]
Demonstration.
061 0603790A NATO RESEARCH AND DEVELOPMENT..... 4,143 4,143
062 0603801A AVIATION--ADV DEV................. 1,502,160 1,500,804
.................................. FARA--Excess to need.............. [-13,356]
.................................. Modular Communication, Command, [12,000]
and Control Suite (MC3-Suite).
063 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 7,604 7,604
ADV DEV.
064 0603807A MEDICAL SYSTEMS--ADV DEV.......... 1,602 1,602
065 0603827A SOLDIER SYSTEMS--ADVANCED 27,681 25,825
DEVELOPMENT.
.................................. Excessive growth--Program [-1,333]
management.
.................................. Slow expenditure rate--Advance [-523]
Development.
066 0604017A ROBOTICS DEVELOPMENT.............. 3,024 3,024
067 0604019A EXPANDED MISSION AREA MISSILE 97,018 97,018
(EMAM).
068 0604020A CROSS FUNCTIONAL TEAM (CFT) 117,557 117,557
ADVANCED DEVELOPMENT &
PROTOTYPING.
069 0604035A LOW EARTH ORBIT (LEO) SATELLITE 38,851 38,851
CAPABILITY.
070 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 191,394 191,394
ADV DEV.
071 0604037A TACTICAL INTEL TARGETING ACCESS 10,626 10,626
NODE (TITAN) ADV DEV.
072 0604100A ANALYSIS OF ALTERNATIVES.......... 11,095 11,095
073 0604101A SMALL UNMANNED AERIAL VEHICLE 5,144 5,144
(SUAV) (6.4).
074 0604103A ELECTRONIC WARFARE PLANNING AND 2,260 2,260
MANAGEMENT TOOL (EWPMT).
075 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 53,143 53,143
SYSTEM (FTUAS).
076 0604114A LOWER TIER AIR MISSILE DEFENSE 816,663 816,663
(LTAMD) SENSOR.
077 0604115A TECHNOLOGY MATURATION INITIATIVES. 281,314 281,314
078 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 281,239 273,994
(M-SHORAD).
.................................. Delayed expenditure--contract [-7,245]
award delay.
079 0604119A ARMY ADVANCED COMPONENT 204,914 204,914
DEVELOPMENT & PROTOTYPING.
080 0604120A ASSURED POSITIONING, NAVIGATION 40,930 40,930
AND TIMING (PNT).
081 0604121A SYNTHETIC TRAINING ENVIRONMENT 109,714 109,714
REFINEMENT & PROTOTYPING.
082 0604134A COUNTER IMPROVISED-THREAT 16,426 16,426
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
083 0604135A STRATEGIC MID-RANGE FIRES......... 31,559 31,559
084 0604182A HYPERSONICS....................... 43,435 43,435
085 0604403A FUTURE INTERCEPTOR................ 8,040 8,040
086 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 64,242 64,242
SYSTEMS ADVANCED DEVELOPMENT.
087 0604541A UNIFIED NETWORK TRANSPORT......... 40,915 40,915
9999 9999999999 CLASSIFIED PROGRAMS............... 19,200 19,200
.................................. SUBTOTAL ADVANCED COMPONENT 4,420,315 4,437,358
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
091 0604201A AIRCRAFT AVIONICS................. 13,673 13,673
092 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 12,789 12,789
093 0604601A INFANTRY SUPPORT WEAPONS.......... 64,076 64,076
094 0604604A MEDIUM TACTICAL VEHICLES.......... 28,226 3,226
.................................. Program decrease.................. [-25,000]
095 0604611A JAVELIN........................... 7,827 7,827
096 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 44,197 44,197
097 0604633A AIR TRAFFIC CONTROL............... 1,134 11,134
.................................. Integrated Mission Planning & [10,000]
Airspace Control Tools (IMPACT).
098 0604641A TACTICAL UNMANNED GROUND VEHICLE 142,125 142,125
(TUGV).
099 0604642A LIGHT TACTICAL WHEELED VEHICLES... 53,564 9,671
.................................. Incomplete development goals...... [-43,893]
100 0604645A ARMORED SYSTEMS MODERNIZATION 102,201 102,201
(ASM)--ENG DEV.
101 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 48,720 82,829
.................................. Rephase from Procurement for IVAS [39,137]
1.2 development.
.................................. Slow expenditure--Joint Effects [-5,028]
Targetting System (JETS).
102 0604713A COMBAT FEEDING, CLOTHING, AND 2,223 2,223
EQUIPMENT.
103 0604715A NON-SYSTEM TRAINING DEVICES--ENG 21,441 21,441
DEV.
104 0604741A AIR DEFENSE COMMAND, CONTROL AND 74,738 84,738
INTELLIGENCE--ENG DEV.
.................................. Software Integration Digital Eco- [10,000]
system.
105 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 30,985 30,985
DEVELOPMENT.
106 0604746A AUTOMATIC TEST EQUIPMENT 13,626 13,626
DEVELOPMENT.
107 0604760A DISTRIBUTIVE INTERACTIVE 8,802 8,802
SIMULATIONS (DIS)--ENG DEV.
108 0604798A BRIGADE ANALYSIS, INTEGRATION AND 20,828 20,828
EVALUATION.
109 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 243,851 253,851
.................................. Long Range Precision Guidance Kit. [10,000]
110 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 37,420 42,420
ENG DEV.
.................................. Ultra-Lightweight Camouflage Net [5,000]
System.
111 0604805A COMMAND, CONTROL, COMMUNICATIONS 34,214 34,214
SYSTEMS--ENG DEV.
112 0604807A MEDICAL MATERIEL/MEDICAL 6,496 6,496
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
113 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 13,581 13,581
114 0604818A ARMY TACTICAL COMMAND & CONTROL 168,574 168,574
HARDWARE & SOFTWARE.
115 0604820A RADAR DEVELOPMENT................. 94,944 94,944
116 0604822A GENERAL FUND ENTERPRISE BUSINESS 2,965 2,965
SYSTEM (GFEBS).
117 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 11,333 11,333
118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 79,250 78,050
SYSTEMS--EMD.
.................................. Maintain program management level [-1,200]
of effort.
119 0604854A ARTILLERY SYSTEMS--EMD............ 42,490 42,490
120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 104,024 104,024
121 0605018A INTEGRATED PERSONNEL AND PAY 102,084 102,084
SYSTEM-ARMY (IPPS-A).
123 0605030A JOINT TACTICAL NETWORK CENTER 18,662 18,662
(JTNC).
124 0605031A JOINT TACTICAL NETWORK (JTN)...... 30,328 30,328
125 0605035A COMMON INFRARED COUNTERMEASURES 11,509 11,509
(CIRCM).
126 0605036A COMBATING WEAPONS OF MASS 1,050 1,050
DESTRUCTION (CWMD).
128 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 27,714 27,714
129 0605042A TACTICAL NETWORK RADIO SYSTEMS 4,318 4,318
(LOW-TIER).
130 0605047A CONTRACT WRITING SYSTEM........... 16,355 16,355
131 0605049A MISSILE WARNING SYSTEM 27,571 27,571
MODERNIZATION (MWSM).
132 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 24,900 24,900
133 0605052A INDIRECT FIRE PROTECTION 196,248 196,248
CAPABILITY INC 2--BLOCK 1.
134 0605053A GROUND ROBOTICS................... 35,319 35,319
135 0605054A EMERGING TECHNOLOGY INITIATIVES... 201,274 149,834
.................................. Program decrease.................. [-51,440]
137 0605144A NEXT GENERATION LOAD DEVICE-- 36,970 36,970
MEDIUM.
139 0605148A TACTICAL INTEL TARGETING ACCESS 132,136 132,136
NODE (TITAN) EMD.
140 0605203A ARMY SYSTEM DEVELOPMENT & 81,657 81,657
DEMONSTRATION.
141 0605205A SMALL UNMANNED AERIAL VEHICLE 31,284 27,361
(SUAV) (6.5).
.................................. Unjustified growth................ [-3,923]
142 0605206A CI AND HUMINT EQUIPMENT PROGRAM- 2,170 2,170
ARMY (CIHEP-A).
143 0605216A JOINT TARGETING INTEGRATED COMMAND 9,290 9,290
AND COORDINATION SUITE (JTIC2S).
144 0605224A MULTI-DOMAIN INTELLIGENCE......... 41,003 41,003
146 0605231A PRECISION STRIKE MISSILE (PRSM)... 272,786 272,786
147 0605232A HYPERSONICS EMD................... 900,920 900,920
148 0605233A ACCESSIONS INFORMATION ENVIRONMENT 27,361 27,361
(AIE).
149 0605235A STRATEGIC MID-RANGE CAPABILITY.... 348,855 348,855
150 0605236A INTEGRATED TACTICAL COMMUNICATIONS 22,901 22,901
151 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 3,014 3,014
152 0605457A ARMY INTEGRATED AIR AND MISSILE 284,095 284,095
DEFENSE (AIAMD).
153 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 36,016 36,016
SYSTEMS SYS DEV & DEMONSTRATION.
154 0605625A MANNED GROUND VEHICLE............. 996,653 875,753
.................................. OMFV slow expenditure............. [-120,900]
155 0605766A NATIONAL CAPABILITIES INTEGRATION 15,129 15,129
(MIP).
156 0605812A JOINT LIGHT TACTICAL VEHICLE 27,243 26,143
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
.................................. Slow expenditure.................. [-1,100]
157 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,167 1,167
158 0303032A TROJAN--RH12...................... 3,879 3,879
159 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 137,186 137,186
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,639,364 5,461,017
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
160 0604256A THREAT SIMULATOR DEVELOPMENT...... 38,492 38,492
161 0604258A TARGET SYSTEMS DEVELOPMENT........ 11,873 21,873
.................................. Program increase.................. [5,000]
.................................. U.S. Replacement for Foreign [5,000]
Engines for Aerial Targets.
162 0604759A MAJOR T&E INVESTMENT.............. 76,167 76,167
163 0605103A RAND ARROYO CENTER................ 37,078 37,078
164 0605301A ARMY KWAJALEIN ATOLL.............. 314,872 314,872
165 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 95,551 95,551
167 0605601A ARMY TEST RANGES AND FACILITIES... 439,118 439,118
168 0605602A ARMY TECHNICAL TEST 42,220 47,220
INSTRUMENTATION AND TARGETS.
.................................. Rapid Assurance Modernization [5,000]
Program.
169 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 37,518 37,518
170 0605606A AIRCRAFT CERTIFICATION............ 2,718 2,718
172 0605706A MATERIEL SYSTEMS ANALYSIS......... 26,902 26,902
173 0605709A EXPLOITATION OF FOREIGN ITEMS..... 7,805 7,805
174 0605712A SUPPORT OF OPERATIONAL TESTING.... 75,133 75,133
175 0605716A ARMY EVALUATION CENTER............ 71,118 71,118
176 0605718A ARMY MODELING & SIM X-CMD 11,204 11,204
COLLABORATION & INTEG.
177 0605801A PROGRAMWIDE ACTIVITIES............ 93,895 93,895
178 0605803A TECHNICAL INFORMATION ACTIVITIES.. 31,327 31,327
179 0605805A MUNITIONS STANDARDIZATION, 50,409 50,409
EFFECTIVENESS AND SAFETY.
180 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,629 1,629
MGMT SUPPORT.
181 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 55,843 55,843
R&D - MHA.
182 0606002A RONALD REAGAN BALLISTIC MISSILE 91,340 91,340
DEFENSE TEST SITE.
183 0606003A COUNTERINTEL AND HUMAN INTEL 6,348 6,348
MODERNIZATION.
185 0606942A ASSESSMENTS AND EVALUATIONS CYBER 6,025 6,025
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,624,585 1,639,585
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
187 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 14,465 14,465
188 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,472 7,472
189 0607131A WEAPONS AND MUNITIONS PRODUCT 8,425 8,425
IMPROVEMENT PROGRAMS.
190 0607136A BLACKHAWK PRODUCT IMPROVEMENT 1,507 23,007
PROGRAM.
.................................. Program increase.................. [21,500]
191 0607137A CHINOOK PRODUCT IMPROVEMENT 9,265 21,765
PROGRAM.
.................................. 714C Engine Enhancement........... [7,500]
.................................. Program increase.................. [5,000]
192 0607139A IMPROVED TURBINE ENGINE PROGRAM... 201,247 191,062
.................................. Excessive growth--Government [-1,721]
Planning.
.................................. Slow expenditure rate............. [-8,464]
193 0607142A AVIATION ROCKET SYSTEM PRODUCT 3,014 3,014
IMPROVEMENT AND DEVELOPMENT.
194 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 25,393 25,393
PRODUCTS.
195 0607145A APACHE FUTURE DEVELOPMENT......... 10,547 18,047
.................................. Apache future development program [7,500]
increase.
196 0607148A AN/TPQ-53 COUNTERFIRE TARGET 54,167 54,167
ACQUISITION RADAR SYSTEM.
197 0607150A INTEL CYBER DEVELOPMENT........... 4,345 4,345
198 0607312A ARMY OPERATIONAL SYSTEMS 19,000 19,000
DEVELOPMENT.
199 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 6,389 6,389
200 0607315A ENDURING TURBINE ENGINES AND POWER 2,411 2,411
SYSTEMS.
201 0607665A FAMILY OF BIOMETRICS.............. 797 797
202 0607865A PATRIOT PRODUCT IMPROVEMENT....... 177,197 177,197
203 0203728A JOINT AUTOMATED DEEP OPERATION 42,177 42,177
COORDINATION SYSTEM (JADOCS).
204 0203735A COMBAT VEHICLE IMPROVEMENT 146,635 224,490
PROGRAMS.
.................................. Abrams Modernization Program...... [88,300]
.................................. Slow expenditure--Stryker Combat [-10,445]
Vehicle Improvement Program.
205 0203743A 155MM SELF-PROPELLED HOWITZER 122,902 110,802
IMPROVEMENTS.
.................................. Excess growth--ERCA range [-5,900]
prototype build.
.................................. Slow expenditure--Extended Range [-6,200]
Cannon Artillery.
207 0203752A AIRCRAFT ENGINE COMPONENT 146 146
IMPROVEMENT PROGRAM.
208 0203758A DIGITIZATION...................... 1,515 1,515
209 0203801A MISSILE/AIR DEFENSE PRODUCT 4,520 4,520
IMPROVEMENT PROGRAM.
210 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 10,044 10,044
PROGRAMS.
211 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 281 281
OPERATIONAL SYSTEM DEV.
212 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 75,952 75,952
SYSTEM (GMLRS).
213 0208053A JOINT TACTICAL GROUND SYSTEM...... 203 203
216 0303028A SECURITY AND INTELLIGENCE 301 301
ACTIVITIES.
217 0303140A INFORMATION SYSTEMS SECURITY 15,323 15,323
PROGRAM.
218 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 13,082 13,082
219 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 26,838 26,838
222 0305179A INTEGRATED BROADCAST SERVICE (IBS) 9,456 9,456
225 0305219A MQ-1C GRAY EAGLE UAS.............. 6,629 6,629
227 0708045A END ITEM INDUSTRIAL PREPAREDNESS 75,317 85,317
ACTIVITIES.
.................................. Additive manufacturing expansion.. [10,000]
9999 9999999999 CLASSIFIED PROGRAMS............... 8,786 8,786
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,105,748 1,212,818
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
228 0608041A DEFENSIVE CYBER--SOFTWARE 83,570 83,570
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 83,570 83,570
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 15,775,381 15,966,152
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 96,355 106,355
.................................. Defense University Research [10,000]
Instrumentation Program (DURIP).
002 0601153N DEFENSE RESEARCH SCIENCES......... 540,908 543,908
.................................. Hypersonic research initiatives... [3,000]
.................................. SUBTOTAL BASIC RESEARCH........... 637,263 650,263
..................................
.................................. APPLIED RESEARCH
003 0602114N POWER PROJECTION APPLIED RESEARCH. 23,982 23,982
004 0602123N FORCE PROTECTION APPLIED RESEARCH. 142,148 144,648
.................................. Cavitation erosion research....... [2,500]
005 0602131M MARINE CORPS LANDING FORCE 59,208 68,708
TECHNOLOGY.
.................................. Unmanned logistics solutions...... [9,500]
006 0602235N COMMON PICTURE APPLIED RESEARCH... 52,090 52,090
007 0602236N WARFIGHTER SUSTAINMENT APPLIED 74,722 77,722
RESEARCH.
.................................. Research on foreign malign [3,000]
influence operations.
008 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 92,473 92,473
RESEARCH.
009 0602435N OCEAN WARFIGHTING ENVIRONMENT 80,806 89,806
APPLIED RESEARCH.
.................................. Continous distributed sensing [4,000]
systems.
.................................. Intelligent Autonomous Systems for [5,000]
Seabed Warfare.
010 0602651M JOINT NON-LETHAL WEAPONS APPLIED 7,419 7,419
RESEARCH.
011 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 61,503 74,003
.................................. Academic Partnerships for [10,000]
Submarine & Undersea Vehicle
Research & Manufacturing.
.................................. Undersea Sensing and [2,500]
Communications.
012 0602750N FUTURE NAVAL CAPABILITIES APPLIED 182,662 182,662
RESEARCH.
013 0602782N MINE AND EXPEDITIONARY WARFARE 30,435 30,435
APPLIED RESEARCH.
014 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 133,828 133,828
APPLIED RESEARCH.
015 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 85,063 85,063
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 1,026,339 1,062,839
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
016 0603123N FORCE PROTECTION ADVANCED 29,512 29,512
TECHNOLOGY.
017 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,418 8,418
TECHNOLOGY.
018 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR 112,329 112,329
RE-ENTRY SYSTEMS.
019 0603640M USMC ADVANCED TECHNOLOGY 308,217 331,217
DEMONSTRATION (ATD).
.................................. Adaptive Future Force............. [5,000]
.................................. Hardware In the Loop capabilities. [8,000]
.................................. Long Range Maneuvering Projectile. [10,000]
020 0603651M JOINT NON-LETHAL WEAPONS 15,556 15,556
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 264,700 267,200
TECHNOLOGY DEVELOPMENT.
.................................. Automated acoustic signal [2,500]
classifier.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 61,843 61,843
023 0603729N WARFIGHTER PROTECTION ADVANCED 5,100 6,600
TECHNOLOGY.
.................................. Balloon catheter hemorrhage [1,500]
control device.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 75,898 75,898
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 2,048 2,048
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 132,931 134,431
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. HEL weapon system................. [1,500]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,016,552 1,045,052
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603128N UNMANNED AERIAL SYSTEM............ 108,225 105,053
.................................. ILS support previously funded..... [-3,172]
028 0603178N LARGE UNMANNED SURFACE VEHICLES 117,400 117,400
(LUSV).
029 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 40,653 43,653
.................................. Autonomous surface and underwater [3,000]
dual-modality vehicles.
030 0603216N AVIATION SURVIVABILITY............ 20,874 20,874
031 0603239N NAVAL CONSTRUCTION FORCES......... 7,821 7,821
032 0603254N ASW SYSTEMS DEVELOPMENT........... 17,090 17,090
033 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,721 3,721
034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 6,216 9,216
.................................. Tier 2.5 LO Inspection Technology. [3,000]
035 0603502N SURFACE AND SHALLOW WATER MINE 34,690 34,690
COUNTERMEASURES.
036 0603506N SURFACE SHIP TORPEDO DEFENSE...... 730 730
037 0603512N CARRIER SYSTEMS DEVELOPMENT....... 6,095 6,095
038 0603525N PILOT FISH........................ 916,208 916,208
039 0603527N RETRACT LARCH..................... 7,545 7,545
040 0603536N RETRACT JUNIPER................... 271,109 271,109
041 0603542N RADIOLOGICAL CONTROL.............. 811 811
042 0603553N SURFACE ASW....................... 1,189 1,189
043 0603561N ADVANCED SUBMARINE SYSTEM 88,415 88,415
DEVELOPMENT.
044 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 15,119 15,119
045 0603563N SHIP CONCEPT ADVANCED DESIGN...... 89,939 96,939
.................................. Support for Additive Manufacturing [7,000]
046 0603564N SHIP PRELIMINARY DESIGN & 121,402 126,402
FEASIBILITY STUDIES.
.................................. Ship Concept Advanced Design...... [5,000]
047 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 319,656 319,656
048 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 133,911 138,911
.................................. Support Shipboard Distribution of [5,000]
High-Power Energy.
049 0603576N CHALK EAGLE....................... 116,078 116,078
050 0603581N LITTORAL COMBAT SHIP (LCS)........ 32,615 32,615
051 0603582N COMBAT SYSTEM INTEGRATION......... 18,610 18,610
052 0603595N OHIO REPLACEMENT.................. 257,076 267,076
.................................. Rapid composites.................. [10,000]
053 0603596N LCS MISSION MODULES............... 31,464 31,464
054 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 10,809 10,809
055 0603599N FRIGATE DEVELOPMENT............... 112,972 110,172
.................................. Live fire test and evaluation [-2,800]
early to need.
056 0603609N CONVENTIONAL MUNITIONS............ 9,030 9,030
057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 128,782 119,189
SYSTEM.
.................................. Slow expenditure.................. [-9,593]
058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 44,766 44,766
DEVELOPMENT.
059 0603713N OCEAN ENGINEERING TECHNOLOGY 10,751 10,751
DEVELOPMENT.
060 0603721N ENVIRONMENTAL PROTECTION.......... 24,457 24,457
061 0603724N NAVY ENERGY PROGRAM............... 72,214 77,214
.................................. Marine Energy Systems for Sensors [5,000]
and Microgrids.
062 0603725N FACILITIES IMPROVEMENT............ 10,149 10,149
063 0603734N CHALK CORAL....................... 687,841 522,841
.................................. Program decrease.................. [-165,000]
064 0603739N NAVY LOGISTIC PRODUCTIVITY........ 4,712 4,712
065 0603746N RETRACT MAPLE..................... 420,455 420,455
066 0603748N LINK PLUMERIA..................... 2,100,474 2,050,474
.................................. Project 2937: Unjustified [-50,000]
requirements.
067 0603751N RETRACT ELM....................... 88,036 88,036
068 0603764M LINK EVERGREEN.................... 547,005 547,005
069 0603790N NATO RESEARCH AND DEVELOPMENT..... 6,265 6,265
070 0603795N LAND ATTACK TECHNOLOGY............ 1,624 1,624
071 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 31,058 31,058
072 0603860N JOINT PRECISION APPROACH AND 22,590 22,590
LANDING SYSTEMS--DEM/VAL.
073 0603925N DIRECTED ENERGY AND ELECTRIC 52,129 52,129
WEAPON SYSTEMS.
074 0604014N F/A -18 INFRARED SEARCH AND TRACK 32,127 32,127
(IRST).
075 0604027N DIGITAL WARFARE OFFICE............ 181,001 181,001
076 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 110,506 93,991
VEHICLES.
.................................. Medusa unexecutable contract award [-16,515]
date.
077 0604029N UNMANNED UNDERSEA VEHICLE CORE 71,156 71,156
TECHNOLOGIES.
078 0604030N RAPID PROTOTYPING, EXPERIMENTATION 214,100 214,100
AND DEMONSTRATION..
079 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 6,900 6,900
080 0604112N GERALD R. FORD CLASS NUCLEAR 118,182 118,182
AIRCRAFT CARRIER (CVN 78--80).
082 0604127N SURFACE MINE COUNTERMEASURES...... 16,127 16,127
083 0604272N TACTICAL AIR DIRECTIONAL INFRARED 34,684 34,684
COUNTERMEASURES (TADIRCM).
084 0604289M NEXT GENERATION LOGISTICS......... 5,991 5,991
085 0604292N FUTURE VERTICAL LIFT (MARITIME 2,100 2,100
STRIKE).
086 0604320M RAPID TECHNOLOGY CAPABILITY 131,763 131,763
PROTOTYPE.
087 0604454N LX (R)............................ 21,319 21,319
088 0604536N ADVANCED UNDERSEA PROTOTYPING..... 104,328 82,603
.................................. Program delays.................... [-21,725]
089 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 11,567 11,567
(C-UAS).
090 0604659N PRECISION STRIKE WEAPONS 5,976 195,976
DEVELOPMENT PROGRAM.
.................................. SLCM-N............................ [190,000]
091 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 9,993 9,993
ARCHITECTURE/ENGINEERING SUPPORT.
092 0604786N OFFENSIVE ANTI-SURFACE WARFARE 237,655 237,655
WEAPON DEVELOPMENT.
093 0605512N MEDIUM UNMANNED SURFACE VEHICLES 85,800 74,248
(MUSVS)).
.................................. Program delays.................... [-11,552]
094 0605513N UNMANNED SURFACE VEHICLE ENABLING 176,261 171,980
CAPABILITIES.
.................................. Prior year underexecution......... [-4,281]
095 0605514M GROUND BASED ANTI-SHIP MISSILE.... 36,383 36,383
096 0605516M LONG RANGE FIRES.................. 36,763 36,763
097 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 901,064 901,064
098 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 10,167 10,167
099 0304240M ADVANCED TACTICAL UNMANNED 539 9,439
AIRCRAFT SYSTEM.
.................................. KAMAN KARGO....................... [8,900]
100 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 1,250 1,250
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 9,734,483 9,686,745
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
101 0603208N TRAINING SYSTEM AIRCRAFT.......... 44,120 44,120
102 0604038N MARITIME TARGETING CELL........... 30,922 30,922
103 0604212M OTHER HELO DEVELOPMENT............ 101,209 83,614
.................................. Project 3406 insufficient [-17,595]
justification.
104 0604212N OTHER HELO DEVELOPMENT............ 2,604 2,604
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 8,263 8,263
106 0604215N STANDARDS DEVELOPMENT............. 4,039 4,039
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 62,350 62,350
DEVELOPMENT.
108 0604221N P-3 MODERNIZATION PROGRAM......... 771 771
109 0604230N WARFARE SUPPORT SYSTEM............ 109,485 109,485
110 0604231N COMMAND AND CONTROL SYSTEMS....... 87,457 87,457
111 0604234N ADVANCED HAWKEYE.................. 399,919 419,919
.................................. Navy UPL--E-2D Theater Combat ID [20,000]
and HECTR.
112 0604245M H-1 UPGRADES...................... 29,766 29,766
113 0604261N ACOUSTIC SEARCH SENSORS........... 51,531 51,531
114 0604262N V-22A............................. 137,597 137,597
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 42,155 42,155
116 0604269N EA-18............................. 172,507 172,507
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 171,384 168,350
.................................. Prior year underexecution......... [-3,034]
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 35,376 35,376
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 40,477 40,477
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 451,397 461,397
(JTRS-NAVY).
.................................. Navy Multiband Terminal........... [5,000]
.................................. Satellite Terminal (transportable) [5,000]
Non-Geostationary.
121 0604282N NEXT GENERATION JAMMER (NGJ) 250,577 199,645
INCREMENT II.
.................................. Next Generation Jammer--Low Band.. [-50,932]
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 453,311 438,061
ENGINEERING.
.................................. Aegis capability package 2024 [-5,500]
delays.
.................................. Software SW factory insufficient [-9,750]
justification.
124 0604329N SMALL DIAMETER BOMB (SDB)......... 52,211 52,211
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 418,187 388,811
.................................. Prior year underexecution......... [-29,376]
126 0604373N AIRBORNE MCM...................... 11,368 11,368
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 66,445 68,945
COUNTER AIR SYSTEMS ENGINEERING.
.................................. Stratospheric Balloon Research.... [2,500]
128 0604419N ADVANCED SENSORS APPLICATION 10,000
PROGRAM (ASAP).
.................................. Program increase.................. [10,000]
129 0604501N ADVANCED ABOVE WATER SENSORS...... 115,396 115,396
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,435 93,435
131 0604504N AIR CONTROL....................... 42,656 42,656
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 10,442 10,442
133 0604518N COMBAT INFORMATION CENTER 11,359 11,359
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 90,307 90,307
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 10,658 10,658
136 0604558N NEW DESIGN SSN.................... 234,356 241,356
.................................. Precision Manuevering Unit........ [7,000]
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 71,516 71,516
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 22,462 22,462
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,279 4,279
140 0604601N MINE DEVELOPMENT.................. 104,731 104,731
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 229,668 221,168
.................................. Project 3418 testing ahead of need [-8,500]
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 9,064 9,064
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 62,329 42,148
SYSTEMS--ENG DEV.
.................................. OPF-M termination................. [-20,181]
144 0604703N PERSONNEL, TRAINING, SIMULATION, 9,319 9,319
AND HUMAN FACTORS.
145 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 1,964 1,964
146 0604755N SHIP SELF DEFENSE (DETECT & 158,426 158,426
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 47,492 47,492
KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 125,206 125,206
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 19,969 19,969
150 0604771N MEDICAL DEVELOPMENT............... 6,061 6,061
151 0604777N NAVIGATION/ID SYSTEM.............. 45,262 45,262
154 0604850N SSN(X)............................ 361,582 321,828
.................................. Unjustified growth--management and [-7,950]
support costs.
.................................. Unjustified growth--NSWC studies.. [-13,804]
.................................. Unjustified growth--shipbuilder [-18,000]
studies.
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 22,663 22,663
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 282,138 283,138
.................................. Cyber supply chain risk management [1,000]
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,340 8,340
158 0605180N TACAMO MODERNIZATION.............. 213,743 213,743
159 0605212M CH-53K RDTE....................... 222,288 222,288
160 0605215N MISSION PLANNING.................. 86,448 86,448
161 0605217N COMMON AVIONICS................... 81,076 81,076
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 1,343 1,343
163 0605327N T-AO 205 CLASS.................... 71 71
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 220,404 200,001
.................................. Test excess to need due to EDM [-20,403]
delays.
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 384 384
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 36,027 36,027
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 132,449 132,449
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 103,236 103,236
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,609 2,609
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 231,778 223,444
.................................. Prior year underexecution......... [-8,334]
171 0301377N COUNTERING ADVANCED CONVENTIONAL 17,531 17,531
WEAPONS (CACW).
172 0304785N ISR & INFO OPERATIONS............. 174,271 174,271
173 0306250M CYBER OPERATIONS TECHNOLOGY 2,068 2,068
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,962,234 6,799,375
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
174 0604256N THREAT SIMULATOR DEVELOPMENT...... 22,918 22,918
175 0604258N TARGET SYSTEMS DEVELOPMENT........ 18,623 18,623
176 0604759N MAJOR T&E INVESTMENT.............. 74,221 74,221
177 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,229 3,229
178 0605154N CENTER FOR NAVAL ANALYSES......... 45,672 45,672
180 0605804N TECHNICAL INFORMATION SERVICES.... 1,000 1,000
181 0605853N MANAGEMENT, TECHNICAL & 124,328 124,328
INTERNATIONAL SUPPORT.
182 0605856N STRATEGIC TECHNICAL SUPPORT....... 4,053 4,053
183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 203,447 203,447
184 0605864N TEST AND EVALUATION SUPPORT....... 481,975 481,975
185 0605865N OPERATIONAL TEST AND EVALUATION 29,399 29,399
CAPABILITY.
186 0605866N NAVY SPACE AND ELECTRONIC WARFARE 27,504 27,504
(SEW) SUPPORT.
187 0605867N SEW SURVEILLANCE/RECONNAISSANCE 9,183 9,183
SUPPORT.
188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 34,976 34,976
189 0605898N MANAGEMENT HQ--R&D................ 41,331 41,331
190 0606355N WARFARE INNOVATION MANAGEMENT..... 37,340 37,340
191 0305327N INSIDER THREAT.................... 2,246 2,246
192 0902498N MANAGEMENT HEADQUARTERS 2,168 2,168
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,163,613 1,163,613
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
196 0604840M F-35 C2D2......................... 544,625 509,122
.................................. TR-3/B4 Unplanned cost growth..... [-35,503]
197 0604840N F-35 C2D2......................... 543,834 512,266
.................................. TR-3/B4 Unplanned cost growth..... [-31,568]
198 0605520M MARINE CORPS AIR DEFENSE WEAPONS 99,860 89,360
SYSTEMS.
.................................. Slow expenditure.................. [-10,500]
199 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 153,440 153,440
(CEC).
200 0101221N STRATEGIC SUB & WEAPONS SYSTEM 321,648 321,648
SUPPORT.
201 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 62,694 62,694
202 0101226N SUBMARINE ACOUSTIC WARFARE 92,869 92,869
DEVELOPMENT.
203 0101402N NAVY STRATEGIC COMMUNICATIONS..... 51,919 51,919
204 0204136N F/A-18 SQUADRONS.................. 333,783 321,783
.................................. Next generation naval mission [-12,000]
planning system insufficient
justification.
205 0204228N SURFACE SUPPORT................... 8,619 8,619
206 0204229N TOMAHAWK AND TOMAHAWK MISSION 122,834 122,834
PLANNING CENTER (TMPC).
207 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 76,279 76,279
208 0204313N SHIP-TOWED ARRAY SURVEILLANCE 1,103 1,103
SYSTEMS.
209 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,991 1,991
(DISPLACEMENT CRAFT).
210 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 92,674 84,074
ATOR).
.................................. Slow expenditure.................. [-8,600]
211 0204571N CONSOLIDATED TRAINING SYSTEMS 115,894 115,894
DEVELOPMENT.
212 0204575N ELECTRONIC WARFARE (EW) READINESS 61,677 61,677
SUPPORT.
213 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 59,555 59,555
214 0205620N SURFACE ASW COMBAT SYSTEM 29,973 29,973
INTEGRATION.
215 0205632N MK-48 ADCAP....................... 213,165 213,165
216 0205633N AVIATION IMPROVEMENTS............. 143,277 143,277
217 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 152,546 152,546
218 0206313M MARINE CORPS COMMUNICATIONS 192,625 183,725
SYSTEMS.
.................................. Marine Electromagnetic Warfare [-7,200]
Ground Family of Systems.
.................................. Tactical Communication [-1,700]
Modernization.
219 0206335M COMMON AVIATION COMMAND AND 12,565 12,565
CONTROL SYSTEM (CAC2S).
220 0206623M MARINE CORPS GROUND COMBAT/ 83,900 83,900
SUPPORTING ARMS SYSTEMS.
221 0206624M MARINE CORPS COMBAT SERVICES 27,794 27,794
SUPPORT.
222 0206625M USMC INTELLIGENCE/ELECTRONIC 47,762 47,762
WARFARE SYSTEMS (MIP).
223 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 373 373
224 0207161N TACTICAL AIM MISSILES............. 36,439 36,439
225 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 29,198 29,198
MISSILE (AMRAAM).
226 0208043N PLANNING AND DECISION AID SYSTEM 3,565 3,565
(PDAS).
230 0303138N AFLOAT NETWORKS................... 49,995 49,995
231 0303140N INFORMATION SYSTEMS SECURITY 33,390 33,390
PROGRAM.
232 0305192N MILITARY INTELLIGENCE PROGRAM 7,304 7,304
(MIP) ACTIVITIES.
233 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 11,235 11,235
234 0305205N UAS INTEGRATION AND 16,409 16,409
INTEROPERABILITY.
235 0305208M DISTRIBUTED COMMON GROUND/SURFACE 51,192 51,192
SYSTEMS.
236 0305220N MQ-4C TRITON...................... 12,094 12,094
237 0305231N MQ-8 UAV.......................... 29,700 29,700
238 0305232M RQ-11 UAV......................... 2,107 2,107
239 0305234N SMALL (LEVEL 0) TACTICAL UAS 2,999 2,999
(STUASL0).
240 0305241N MULTI-INTELLIGENCE SENSOR 49,460 49,460
DEVELOPMENT.
241 0305242M UNMANNED AERIAL SYSTEMS (UAS) 13,005 13,005
PAYLOADS (MIP).
242 0305251N CYBERSPACE OPERATIONS FORCES AND 2,000 2,000
FORCE SUPPORT.
243 0305421N RQ-4 MODERNIZATION................ 300,378 300,378
244 0307577N INTELLIGENCE MISSION DATA (IMD)... 788 788
245 0308601N MODELING AND SIMULATION SUPPORT... 10,994 10,994
246 0702207N DEPOT MAINTENANCE (NON-IF)........ 23,248 23,248
247 0708730N MARITIME TECHNOLOGY (MARITECH).... 3,284 3,284
9999 9999999999 CLASSIFIED PROGRAMS............... 2,021,376 2,061,376
.................................. INDOPACOM UPL..................... [40,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,359,438 6,292,367
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
249 0608013N RISK MANAGEMENT INFORMATION-- 11,748 11,748
SOFTWARE PILOT PROGRAM.
250 0608231N MARITIME TACTICAL COMMAND AND 10,555 10,555
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 22,303 22,303
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 26,922,225 26,722,557
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 401,486 401,486
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 182,372 182,372
.................................. SUBTOTAL BASIC RESEARCH........... 583,858 583,858
..................................
.................................. APPLIED RESEARCH
003 0602020F FUTURE AF CAPABILITIES APPLIED 90,713 90,713
RESEARCH.
004 0602022F UNIVERSITY AFFILIATED RESEARCH 8,018 8,018
CENTER (UARC)--TACTICAL AUTONOMY.
005 0602102F MATERIALS......................... 142,325 162,825
.................................. Advanced materials science for [9,000]
manufacturing research.
.................................. High energy synchrotron x-ray [9,000]
research.
.................................. Materials development for high [2,500]
mach capabilities.
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 161,268 163,768
.................................. Aerospace engineering systems [2,500]
security integration.
007 0602202F HUMAN EFFECTIVENESS APPLIED 146,921 146,921
RESEARCH.
008 0602203F AEROSPACE PROPULSION.............. 184,867 189,867
.................................. High mach turbine engine.......... [5,000]
009 0602204F AEROSPACE SENSORS................. 216,269 216,269
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 10,303 10,303
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 160,599 160,599
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 129,961 118,452
.................................. DAF requested realignment of funds [-11,509]
to 6601SF.
014 0602788F DOMINANT INFORMATION SCIENCES AND 182,076 230,076
METHODS.
.................................. Distributed quantum information [5,000]
sciences networking testbed.
.................................. Future Flag experimentation [25,000]
testbed.
.................................. Ion trapped quantum information [8,000]
sciences computer.
.................................. Multi-domain radio frequency [5,000]
spectrum testing environment.
.................................. Secure interference-avoiding [5,000]
connectivity of autonomous
artificially intelligent machines.
.................................. SUBTOTAL APPLIED RESEARCH......... 1,433,320 1,497,811
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
015 0603032F FUTURE AF INTEGRATED TECHNOLOGY 255,855 213,655
DEMOS.
.................................. Program reduction................. [-42,200]
016 0603112F ADVANCED MATERIALS FOR WEAPON 30,372 30,372
SYSTEMS.
017 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 10,478 10,478
(S&T).
018 0603203F ADVANCED AEROSPACE SENSORS........ 48,046 45,846
.................................. Multi-spectrum sensing [-2,200]
demonstration excess to need.
019 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 51,896 71,896
.................................. Hybrid Electric Propulsion........ [7,500]
.................................. Semiautonomous adversary air [12,500]
platform.
020 0603216F AEROSPACE PROPULSION AND POWER 56,789 56,789
TECHNOLOGY.
021 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 32,510 32,510
022 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR 70,321 70,321
RE-ENTRY SYSTEMS.
023 0603444F MAUI SPACE SURVEILLANCE SYSTEM 2 2
(MSSS).
024 0603456F HUMAN EFFECTIVENESS ADVANCED 15,593 15,593
TECHNOLOGY DEVELOPMENT.
025 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 132,311 132,311
026 0603605F ADVANCED WEAPONS TECHNOLOGY....... 102,997 92,997
.................................. Excessive cost growth............. [-10,000]
027 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 44,422 51,922
.................................. Additive manufacturing for [5,000]
aerospace parts.
.................................. High accuracy robotics............ [2,500]
028 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 37,779 40,279
AND DEMONSTRATION.
.................................. Modeling and simulation conversion [2,500]
software.
029 0207412F CONTROL AND REPORTING CENTER (CRC) 2,005 2,005
.................................. SUBTOTAL ADVANCED TECHNOLOGY 891,376 866,976
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
030 0603036F MODULAR ADVANCED MISSILE.......... 105,238 0
.................................. Program decrease.................. [-105,238]
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 6,237 6,237
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 21,298 21,298
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 2,208 2,208
034 0603851F INTERCONTINENTAL BALLISTIC 45,319 45,319
MISSILE--DEM/VAL.
035 0604001F NC3 ADVANCED CONCEPTS............. 10,011 10,011
037 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 500,575 500,575
(ABMS).
038 0604004F ADVANCED ENGINE DEVELOPMENT....... 595,352 595,352
039 0604005F NC3 COMMERCIAL DEVELOPMENT & 78,799 78,799
PROTOTYPING.
040 0604006F DEPT OF THE AIR FORCE TECH 2,620 0
ARCHITECTURE.
.................................. DAF requested realignment of funds [-2,620]
to 64858F.
041 0604007F E-7............................... 681,039 681,039
042 0604009F AFWERX PRIME...................... 83,336 88,336
.................................. Agility Prime..................... [5,000]
043 0604015F LONG RANGE STRIKE--BOMBER......... 2,984,143 2,984,143
044 0604025F RAPID DEFENSE EXPERIMENTATION 154,300 154,300
RESERVE (RDER).
045 0604032F DIRECTED ENERGY PROTOTYPING....... 1,246 1,246
046 0604033F HYPERSONICS PROTOTYPING........... 150,340 0
.................................. Air-Launched Rapid Response Weapon [-150,340]
(ARRW).
047 0604183F HYPERSONICS PROTOTYPING-- 381,528 381,528
HYPERSONIC ATTACK CRUISE MISSILE
(HACM).
048 0604201F PNT RESILIENCY, MODS, AND 18,041 18,041
IMPROVEMENTS.
049 0604257F ADVANCED TECHNOLOGY AND SENSORS... 27,650 25,180
.................................. Imaging and targeting support [-2,470]
excess growth.
050 0604288F SURVIVABLE AIRBORNE OPERATIONS 888,829 790,537
CENTER (SAOC).
.................................. EMO excess to need................ [-69,716]
.................................. Management services overestimation [-15,919]
.................................. Test and evaluation excess to need [-12,657]
051 0604317F TECHNOLOGY TRANSFER............... 26,638 26,638
052 0604327F HARD AND DEEPLY BURIED TARGET 19,266 19,266
DEFEAT SYSTEM (HDBTDS) PROGRAM.
053 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 37,121 37,121
ACS.
054 0604534F ADAPTIVE ENGINE TRANSITION PROGRAM 280,000
(AETP).
.................................. Technology Maturation and Risk [280,000]
Reduction.
055 0604668F JOINT TRANSPORTATION MANAGEMENT 37,026 37,026
SYSTEM (JTMS).
056 0604776F DEPLOYMENT & DISTRIBUTION 31,833 31,833
ENTERPRISE R&D.
057 0604858F TECH TRANSITION PROGRAM........... 210,806 235,476
.................................. DAF requested realignment of funds [17,550]
from OMAF SAG 11R.
.................................. DAF requested realignment of funds [4,500]
from OMAF SAG 11Z.
.................................. DAF requested realignment of funds [2,620]
from RDAF 64006F.
058 0604860F OPERATIONAL ENERGY AND 46,305 35,903
INSTALLATION RESILIENCE.
.................................. Excess growth..................... [-10,402]
059 0605164F AIR REFUELING CAPABILITY 19,400 19,400
MODERNIZATION.
061 0207110F NEXT GENERATION AIR DOMINANCE..... 2,326,128 2,326,128
062 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS 118,826 101,013
.................................. DAF requested realignment of funds [-17,813]
063 0207420F COMBAT IDENTIFICATION............. 1,902 1,902
064 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 19,763 19,763
(3DELRR).
065 0207522F AIRBASE AIR DEFENSE SYSTEMS 78,867 78,867
(ABADS).
066 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 8,175 8,175
068 0305236F COMMON DATA LINK EXECUTIVE AGENT 25,157 25,157
(CDL EA).
069 0305601F MISSION PARTNER ENVIRONMENTS...... 17,727 17,727
072 0708051F RAPID SUSTAINMENT MODERNIZATION 43,431 43,431
(RSM).
073 0808737F INTEGRATED PRIMARY PREVENTION..... 9,364 9,364
074 0901410F CONTRACTING INFORMATION TECHNOLOGY 28,294 28,294
SYSTEM.
075 1206415F U.S. SPACE COMMAND RESEARCH AND 14,892 14,892
DEVELOPMENT SUPPORT.
075A 0605057F NEXT GENERATION AIR-REFUELING 7,928
SYSTEM.
.................................. Technical realignment............. [7,928]
.................................. SUBTOTAL ADVANCED COMPONENT 9,859,030 9,789,453
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
076 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 9,757 17,757
PROGRAMS.
.................................. RAACM............................. [5,000]
.................................. Stand-Off Attack Weapon Technology [3,000]
077 0604201F PNT RESILIENCY, MODS, AND 163,156 163,156
IMPROVEMENTS.
078 0604222F NUCLEAR WEAPONS SUPPORT........... 45,884 45,884
079 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 13,804 13,804
080 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 74,023 79,023
.................................. DAF requested realignment of funds [5,000]
081 0604287F PHYSICAL SECURITY EQUIPMENT....... 10,605 10,605
082 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 5,918 5,918
083 0604604F SUBMUNITIONS...................... 3,345 3,345
084 0604617F AGILE COMBAT SUPPORT.............. 21,967 21,967
085 0604706F LIFE SUPPORT SYSTEMS.............. 39,301 39,301
086 0604735F COMBAT TRAINING RANGES............ 152,569 152,569
087 0604932F LONG RANGE STANDOFF WEAPON........ 911,406 891,406
.................................. DAF realignment of funds.......... [-20,000]
088 0604933F ICBM FUZE MODERNIZATION........... 71,732 71,732
089 0605030F JOINT TACTICAL NETWORK CENTER 2,256 2,256
(JTNC).
090 0605031F JOINT TACTICAL NETWORK (JTN)...... 452 452
091 0605056F OPEN ARCHITECTURE MANAGEMENT...... 36,582 36,582
092 0605057F NEXT GENERATION AIR-REFUELING 7,928 0
SYSTEM.
.................................. Technical realignment............. [-7,928]
093 0605223F ADVANCED PILOT TRAINING........... 77,252 74,980
.................................. Program delay..................... [-2,272]
094 0605229F HH-60W............................ 48,268 47,376
.................................. Support costs excess to need...... [-892]
095 0605238F GROUND BASED STRATEGIC DETERRENT 3,746,935 3,739,285
EMD.
.................................. DAF requested realignment of funds [-7,650]
096 0207171F F-15 EPAWSS....................... 13,982 13,982
097 0207279F ISOLATED PERSONNEL SURVIVABILITY 56,225 56,225
AND RECOVERY.
098 0207328F STAND IN ATTACK WEAPON............ 298,585 285,585
.................................. Aircraft integration delays....... [-13,000]
099 0207701F FULL COMBAT MISSION TRAINING...... 7,597 17,597
.................................. Airborne Augmented Reality for [10,000]
Pilot Training.
100 0208036F MEDICAL C-CBRNE PROGRAMS.......... 2,006 2,006
102 0305205F ENDURANCE UNMANNED AERIAL VEHICLES 30,000 30,000
103 0401221F KC-46A TANKER SQUADRONS........... 124,662 87,455
.................................. Aircrew training system previously [-9,864]
funded.
.................................. Direct mission support excess to [-7,168]
need.
.................................. Test and evaluation previously [-20,175]
funded.
104 0401319F VC-25B............................ 490,701 433,701
.................................. Excess to need.................... [-57,000]
105 0701212F AUTOMATED TEST SYSTEMS............ 12,911 12,911
106 0804772F TRAINING DEVELOPMENTS............. 1,922 1,922
106A 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 428,754
.................................. Technical realignment............. [428,754]
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,481,731 6,787,536
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
107 0604256F THREAT SIMULATOR DEVELOPMENT...... 16,626 16,626
108 0604759F MAJOR T&E INVESTMENT.............. 31,143 31,143
109 0605101F RAND PROJECT AIR FORCE............ 38,398 38,398
110 0605502F SMALL BUSINESS INNOVATION RESEARCH 1,466 1,466
111 0605712F INITIAL OPERATIONAL TEST & 13,736 13,736
EVALUATION.
112 0605807F TEST AND EVALUATION SUPPORT....... 913,213 946,026
.................................. DAF requested realignment of funds [32,813]
113 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 317,901 317,901
SYS.
114 0605828F ACQ WORKFORCE- GLOBAL REACH....... 541,677 541,677
115 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 551,213 536,513
BUS SYS.
.................................. DAF requested realignment of funds [-14,700]
117 0605831F ACQ WORKFORCE- CAPABILITY 243,780 273,780
INTEGRATION.
.................................. DAF requested realignment of funds [30,000]
118 0605832F ACQ WORKFORCE- ADVANCED PRGM 109,030 77,030
TECHNOLOGY.
.................................. DAF requested realignment of funds [-32,000]
119 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 336,788 336,788
120 0605898F MANAGEMENT HQ--R&D................ 5,005 6,705
.................................. DAF requested realignment of funds [1,700]
121 0605976F FACILITIES RESTORATION AND 87,889 87,889
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
122 0605978F FACILITIES SUSTAINMENT--TEST AND 35,065 35,065
EVALUATION SUPPORT.
123 0606017F REQUIREMENTS ANALYSIS AND 89,956 89,956
MATURATION.
124 0606398F MANAGEMENT HQ--T&E................ 7,453 7,453
126 0303255F COMMAND, CONTROL, COMMUNICATION, 20,871 45,871
AND COMPUTERS (C4)--STRATCOM.
.................................. NC3 network sensor demonstration.. [15,000]
.................................. NC3 Rapid Engineering Architecture [10,000]
Collaboration Hub (REACH).
127 0308602F ENTEPRISE INFORMATION SERVICES 100,357 100,357
(EIS).
128 0702806F ACQUISITION AND MANAGEMENT SUPPORT 20,478 20,478
129 0804731F GENERAL SKILL TRAINING............ 796 796
132 1001004F INTERNATIONAL ACTIVITIES.......... 3,917 3,917
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 3,486,758 3,529,571
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
134 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 41,464 40,282
TRAINING.
.................................. T-6 avionics replacement program [-1,182]
delay.
135 0604283F BATTLE MGMT COM & CTRL SENSOR 40,000 40,000
DEVELOPMENT.
136 0604445F WIDE AREA SURVEILLANCE............ 8,018 8,018
137 0604617F AGILE COMBAT SUPPORT.............. 5,645 5,645
139 0604840F F-35 C2D2......................... 1,275,268 1,268,275
.................................. DAF requested realignment of funds [-5,000]
.................................. Program decrease.................. [-1,993]
140 0605018F AF INTEGRATED PERSONNEL AND PAY 40,203 40,203
SYSTEM (AF-IPPS).
141 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 49,613 49,613
AGENCY.
142 0605117F FOREIGN MATERIEL ACQUISITION AND 93,881 93,881
EXPLOITATION.
143 0605278F HC/MC-130 RECAP RDT&E............. 36,536 11,536
.................................. Excess to need.................... [-5,000]
.................................. Program decrease.................. [-20,000]
144 0606018F NC3 INTEGRATION................... 22,910 22,910
145 0101113F B-52 SQUADRONS.................... 950,815 944,193
.................................. DAF requested realignment of funds [14,017]
.................................. Scheduling delays................. [-20,639]
146 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 290 290
147 0101126F B-1B SQUADRONS.................... 12,619 12,619
148 0101127F B-2 SQUADRONS..................... 87,623 87,623
149 0101213F MINUTEMAN SQUADRONS............... 33,237 43,237
.................................. Legacy Weapons Software [5,000]
Translation/Modernization.
.................................. Multi-Domain Command and Control [5,000]
Tool.
150 0101316F WORLDWIDE JOINT STRATEGIC 24,653 24,653
COMMUNICATIONS.
151 0101318F SERVICE SUPPORT TO STRATCOM-- 7,562 7,562
GLOBAL STRIKE.
153 0101328F ICBM REENTRY VEHICLES............. 475,415 475,415
155 0102110F MH-139A........................... 25,737 25,737
156 0102326F REGION/SECTOR OPERATION CONTROL 831 831
CENTER MODERNIZATION PROGRAM.
157 0102412F NORTH WARNING SYSTEM (NWS)........ 102 102
158 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 428,754 35,000
.................................. NORTHCOM UPL--Over the Horizon [35,000]
Radar Acceleration.
.................................. Technical realignment............. [-428,754]
159 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 15,498 19,498
GENERAL.
.................................. DAF requested realignment of funds [4,000]
160 0205219F MQ-9 UAV.......................... 81,123 81,123
161 0205671F JOINT COUNTER RCIED ELECTRONIC 2,303 2,303
WARFARE.
162 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 7,312 7,312
EQUIPMENT.
164 0207133F F-16 SQUADRONS.................... 98,633 139,233
.................................. IVEWS restoration................. [40,600]
165 0207134F F-15E SQUADRONS................... 50,965 50,965
166 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 16,543 16,543
167 0207138F F-22A SQUADRONS................... 725,889 740,889
.................................. Cyber Resiliency.................. [15,000]
168 0207142F F-35 SQUADRONS.................... 97,231 97,231
169 0207146F F-15EX............................ 100,006 100,006
170 0207161F TACTICAL AIM MISSILES............. 41,958 41,958
171 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 53,679 53,679
MISSILE (AMRAAM).
172 0207227F COMBAT RESCUE--PARARESCUE......... 726 726
173 0207238F E-11A............................. 64,888 64,888
174 0207247F AF TENCAP......................... 25,749 25,749
175 0207249F PRECISION ATTACK SYSTEMS 11,872 11,872
PROCUREMENT.
176 0207253F COMPASS CALL...................... 66,932 66,932
177 0207268F AIRCRAFT ENGINE COMPONENT 55,223 60,223
IMPROVEMENT PROGRAM.
.................................. Additive manufacturing expansion.. [5,000]
178 0207325F JOINT AIR-TO-SURFACE STANDOFF 132,937 132,937
MISSILE (JASSM).
179 0207327F SMALL DIAMETER BOMB (SDB)......... 37,518 40,518
.................................. GLSDB Maritime Seeker............. [3,000]
180 0207410F AIR & SPACE OPERATIONS CENTER 72,059 72,059
(AOC).
181 0207412F CONTROL AND REPORTING CENTER (CRC) 17,498 17,498
183 0207418F AFSPECWAR--TACP................... 2,106 2,106
185 0207431F COMBAT AIR INTELLIGENCE SYSTEM 72,010 72,010
ACTIVITIES.
186 0207438F THEATER BATTLE MANAGEMENT (TBM) 6,467 6,467
C4I.
187 0207439F ELECTRONIC WARFARE INTEGRATED 10,388 10,388
REPROGRAMMING (EWIR).
188 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 10,060 10,060
189 0207452F DCAPES............................ 8,233 8,233
190 0207521F AIR FORCE CALIBRATION PROGRAMS.... 2,172 2,172
192 0207573F NATIONAL TECHNICAL NUCLEAR 2,049 2,049
FORENSICS.
193 0207590F SEEK EAGLE........................ 33,478 33,478
195 0207605F WARGAMING AND SIMULATION CENTERS.. 11,894 11,894
197 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,811 3,811
198 0208006F MISSION PLANNING SYSTEMS.......... 96,272 96,272
199 0208007F TACTICAL DECEPTION................ 26,533 26,533
201 0208087F DISTRIBUTED CYBER WARFARE 50,122 50,122
OPERATIONS.
202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 113,064 113,064
208 0208288F INTEL DATA APPLICATIONS........... 967 967
209 0301025F GEOBASE........................... 1,514 1,514
211 0301113F CYBER SECURITY INTELLIGENCE 8,476 8,476
SUPPORT.
218 0301401F AF MULTI-DOMAIN NON-TRADITIONAL 2,890 2,890
ISR BATTLESPACE AWARENESS.
219 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 39,868 39,868
CENTER (NAOC).
220 0303004F EIT CONNECT....................... 32,900 32,900
221 0303089F CYBERSPACE OPERATIONS SYSTEMS..... 4,881 4,881
222 0303131F MINIMUM ESSENTIAL EMERGENCY 33,567 33,567
COMMUNICATIONS NETWORK (MEECN).
223 0303133F HIGH FREQUENCY RADIO SYSTEMS...... 40,000 35,000
.................................. Program support costs unjustified [-5,000]
request.
224 0303140F INFORMATION SYSTEMS SECURITY 95,523 95,523
PROGRAM.
226 0303248F ALL DOMAIN COMMON PLATFORM........ 71,296 71,296
227 0303260F JOINT MILITARY DECEPTION 4,682 4,682
INITIATIVE.
228 0304100F STRATEGIC MISSION PLANNING & 64,944 64,944
EXECUTION SYSTEM (SMPES).
230 0304260F AIRBORNE SIGINT ENTERPRISE........ 108,947 106,745
.................................. Underexecution.................... [-2,202]
231 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,635 4,635
234 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 13,751 13,751
SERVICES.
235 0305020F CCMD INTELLIGENCE INFORMATION 1,660 1,660
TECHNOLOGY.
236 0305022F ISR MODERNIZATION & AUTOMATION 18,680 13,570
DVMT (IMAD).
.................................. Unjustified growth................ [-5,110]
237 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 5,031 5,031
(GATM).
238 0305103F CYBER SECURITY INITIATIVE......... 301 301
239 0305111F WEATHER SERVICE................... 26,329 35,329
.................................. Weather service data migration.... [9,000]
240 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,751 8,751
LANDING SYSTEM (ATCALS).
241 0305116F AERIAL TARGETS.................... 6,915 6,915
244 0305128F SECURITY AND INVESTIGATIVE 352 352
ACTIVITIES.
245 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 6,930 6,930
ACTIVITIES.
246 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,588 21,588
247 0305202F DRAGON U-2........................ 16,842 16,842
248 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 43,158 43,158
249 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,330 14,330
250 0305208F DISTRIBUTED COMMON GROUND/SURFACE 88,854 88,854
SYSTEMS.
251 0305220F RQ-4 UAV.......................... 1,242 1,242
252 0305221F NETWORK-CENTRIC COLLABORATIVE 12,496 12,496
TARGETING.
253 0305238F NATO AGS.......................... 2 2
254 0305240F SUPPORT TO DCGS ENTERPRISE........ 31,589 31,589
255 0305600F INTERNATIONAL INTELLIGENCE 15,322 15,322
TECHNOLOGY AND ARCHITECTURES.
256 0305881F RAPID CYBER ACQUISITION........... 8,830 8,830
257 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,764 2,764
(PRC2).
258 0307577F INTELLIGENCE MISSION DATA (IMD)... 7,090 7,090
259 0401115F C-130 AIRLIFT SQUADRON............ 5,427 5,427
260 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 29,502 28,286
.................................. SIL early to need................. [-1,216]
261 0401130F C-17 AIRCRAFT (IF)................ 2,753 2,753
262 0401132F C-130J PROGRAM.................... 19,100 19,100
263 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,982 5,982
(LAIRCM).
264 0401218F KC-135S........................... 51,105 49,522
.................................. Comm 2 early to need.............. [-1,583]
265 0401318F CV-22............................. 18,127 18,127
266 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 9,198 9,198
268 0708610F LOGISTICS INFORMATION TECHNOLOGY 17,520 17,520
(LOGIT).
269 0801380F AF LVC OPERATIONAL TRAINING (LVC- 25,144 25,144
OT).
270 0804743F OTHER FLIGHT TRAINING............. 2,265 2,265
272 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,266 2,266
273 0901218F CIVILIAN COMPENSATION PROGRAM..... 4,006 4,006
274 0901220F PERSONNEL ADMINISTRATION.......... 3,078 3,078
275 0901226F AIR FORCE STUDIES AND ANALYSIS 5,309 2,309
AGENCY.
.................................. Modeling and simulation [-3,000]
development excess growth.
276 0901538F FINANCIAL MANAGEMENT INFORMATION 4,279 4,279
SYSTEMS DEVELOPMENT.
277 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 45,925 45,925
SYS (DEAMS).
278 1202140F SERVICE SUPPORT TO SPACECOM 9,778 9,778
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 16,814,245 16,587,427
.................................. Classified adjustment............. [-212,081]
.................................. Program justification review...... [-14,737]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 23,829,283 23,237,403
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 46,565,356 46,292,608
& EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, SF
.................................. APPLIED RESEARCH
004 1206601SF SPACE TECHNOLOGY.................. 206,196 292,584
.................................. Advanced analog microelectronics.. [3,000]
.................................. Advanced isotope power systems.... [3,000]
.................................. DAF requested realignment of funds [72,888]
.................................. Space modeling, simulation, and [7,500]
analysis hub.
.................................. SUBTOTAL APPLIED RESEARCH......... 206,196 292,584
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
005 1206310SF SPACE SCIENCE AND TECHNOLOGY 472,493 465,022
RESEARCH AND DEVELOPMENT.
.................................. Defense In Depth as Mission [3,000]
Assurance Spacecraft--Multilevel
Security.
.................................. Prior year carryover.............. [-21,980]
.................................. Technical realignment............. [11,509]
006 1206616SF SPACE ADVANCED TECHNOLOGY 110,033 158,033
DEVELOPMENT/DEMO.
.................................. DAF requested realignment of funds [40,000]
.................................. Modular multi-mode propulsion [8,000]
system.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 582,526 623,055
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
007 0604002SF SPACE FORCE WEATHER SERVICES 849 849
RESEARCH.
008 1203010SF SPACE FORCE IT, DATA ANALYTICS, 61,723 51,723
DIGITAL SOLUTIONS.
.................................. Program decrease.................. [-10,000]
009 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 353,807 353,807
(USER EQUIPMENT) (SPACE).
010 1203622SF SPACE WARFIGHTING ANALYSIS........ 95,541 95,541
011 1203710SF EO/IR WEATHER SYSTEMS............. 95,615 95,615
013 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND 2,081,307 2,056,307
PROTOTYPING.
.................................. Inadequate justification--other [-25,000]
activities.
016 1206427SF SPACE SYSTEMS PROTOTYPE 145,948 96,475
TRANSITIONS (SSPT).
.................................. DAF requested realignment of funds [-40,000]
to 6616SF.
.................................. Underexecution.................... [-9,473]
017 1206438SF SPACE CONTROL TECHNOLOGY.......... 58,374 58,374
018 1206458SF TECH TRANSITION (SPACE)........... 164,649 164,649
019 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,784 59,784
020 1206760SF PROTECTED TACTICAL ENTERPRISE 76,554 76,554
SERVICE (PTES).
021 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 360,126 355,826
.................................. Unjustified request--management [-4,300]
services.
022 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 632,833 632,833
023 1206857SF SPACE RAPID CAPABILITIES OFFICE... 12,036 12,036
024 1206862SF TACTICALLY RESPONSE SPACE......... 30,000 50,000
.................................. Program increase.................. [20,000]
.................................. SUBTOTAL ADVANCED COMPONENT 4,229,146 4,160,373
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
025 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 308,999 308,999
027 1206421SF COUNTERSPACE SYSTEMS.............. 36,537 36,537
028 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 79,727 78,127
.................................. Unjustified increase--management [-1,600]
services.
029 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 372,827 372,827
030 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 4,068 4,068
031 1206432SF POLAR MILSATCOM (SPACE)........... 73,757 73,757
032 1206433SF WIDEBAND GLOBAL SATCOM (SPACE).... 49,445 47,245
.................................. Underexecution.................... [-2,200]
033 1206440SF NEXT-GEN OPIR--GROUND............. 661,367 638,267
.................................. Underexecution.................... [-23,100]
034 1206442SF NEXT GENERATION OPIR.............. 222,178 217,178
.................................. Underexecution.................... [-5,000]
035 1206443SF NEXT-GEN OPIR--GEO................ 719,731 715,466
.................................. Unjustified increase--management [-4,265]
services.
036 1206444SF NEXT-GEN OPIR--POLAR.............. 1,013,478 1,010,213
.................................. Unjustified increase--management [-3,265]
services.
037 1206445SF COMMERCIAL SATCOM (COMSATCOM) 73,501 73,501
INTEGRATION.
038 1206446SF RESILIENT MISSILE WARNING MISSILE 1,266,437 1,519,222
TRACKING--LOW EARTH ORBIT (LEO).
.................................. DAF requested realignment of funds [252,785]
039 1206447SF RESILIENT MISSILE WARNING MISSILE 538,208 790,992
TRACKING--MEDIUM EARTH ORBIT
(MEO).
.................................. DAF requested realignment of funds [252,784]
040 1206448SF RESILIENT MISSILE WARNING MISSILE 505,569 0
TRACKING--INTEGRATED GROUND
SEGMENT.
.................................. DAF requested realignment of funds [-252,785]
to 6446SF.
.................................. DAF requested realignment of funds [-252,784]
to 6447SF.
041 1206853SF NATIONAL SECURITY SPACE LAUNCH 82,188 92,188
PROGRAM (SPACE)--EMD.
.................................. Launch capability development..... [10,000]
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,008,017 5,978,587
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
043 1203622SF SPACE WARFIGHTING ANALYSIS........ 3,568 3,568
046 1206392SF ACQ WORKFORCE--SPACE & MISSILE 258,969 276,500
SYSTEMS.
.................................. DAF requested realignment of funds [17,531]
047 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 13,694 15,053
MHA.
.................................. DAF requested realignment of funds [1,359]
048 1206601SF SPACE TECHNOLOGY.................. 91,778 0
.................................. DAF requested realignment of funds [-91,778]
049 1206759SF MAJOR T&E INVESTMENT--SPACE....... 146,797 146,797
050 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 18,023 18,023
(SPACE).
052 1206864SF SPACE TEST PROGRAM (STP).......... 30,192 30,192
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 563,021 490,133
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
055 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 91,369 91,369
(FAB-T).
056 1203040SF DCO-SPACE......................... 76,003 76,003
057 1203109SF NARROWBAND SATELLITE 230,785 221,335
COMMUNICATIONS.
.................................. Inadequate justification-- [-9,450]
management services.
058 1203110SF SATELLITE CONTROL NETWORK (SPACE). 86,465 84,365
.................................. Underexecution.................... [-2,100]
059 1203154SF LONG RANGE KILL CHAINS............ 243,036 243,036
061 1203173SF SPACE AND MISSILE TEST AND 22,039 22,039
EVALUATION CENTER.
062 1203174SF SPACE INNOVATION, INTEGRATION AND 41,483 43,483
RAPID TECHNOLOGY DEVELOPMENT.
.................................. Accelerating Space Operators [2,000]
Education and Experiential
Learning.
063 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,175 11,175
065 1203330SF SPACE SUPERIORITY ISR............. 28,730 28,730
067 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 20,752 28,752
.................................. Perimeter Acquisition Radar Attack [8,000]
Characterization System (PARCS)
radar.
068 1203906SF NCMC--TW/AA SYSTEM................ 25,545 25,545
069 1203913SF NUDET DETECTION SYSTEM (SPACE).... 93,391 93,391
070 1203940SF SPACE SITUATION AWARENESS 264,966 264,966
OPERATIONS.
071 1206423SF GLOBAL POSITIONING SYSTEM III-- 317,309 271,909
OPERATIONAL CONTROL SEGMENT.
.................................. Excess to need.................... [-45,400]
075 1206770SF ENTERPRISE GROUND SERVICES........ 155,825 155,825
076 1208053SF JOINT TACTICAL GROUND SYSTEM...... 14,568 14,568
9999 9999999999 CLASSIFIED PROGRAMS............... 5,764,667 6,358,367
.................................. DCO-S............................. [43,000]
.................................. Space Force realignment of funds [270,000]
for classified program.
.................................. Space Force Unfunded Priorities [83,000]
List Classified Program B.
.................................. Space Force Unfunded Priorities [53,000]
List Classified Program C.
.................................. Space Force Unfunded Priorities [54,700]
List Classified Program D.
.................................. USSF UPL--Classified program F.... [90,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 7,488,108 8,034,858
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
078 1208248SF SPACE COMMAND & CONTROL--SOFTWARE 122,326 122,326
PILOT PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 122,326 122,326
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 19,199,340 19,701,916
& EVAL, SF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 14,761 14,761
002 0601101E DEFENSE RESEARCH SCIENCES......... 311,531 311,531
003 0601108D8Z HIGH ENERGY LASER RESEARCH 16,329 16,329
INITIATIVES.
004 0601110D8Z BASIC RESEARCH INITIATIVES........ 71,783 91,783
.................................. Defense Established Program to [20,000]
Stimulate Competitive Research
(DEPSCoR).
005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 50,430 50,430
SCIENCE.
006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 159,549 162,549
.................................. Program increase.................. [3,000]
007 0601228D8Z HISTORICALLY BLACK COLLEGES AND 100,467 150,000
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. Program increase.................. [49,533]
008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 36,235 36,235
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........... 761,085 833,618
..................................
.................................. APPLIED RESEARCH
009 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,157 19,157
010 0602115E BIOMEDICAL TECHNOLOGY............. 141,081 131,081
.................................. Program decrease.................. [-10,000]
011 0602128D8Z PROMOTION AND PROTECTION 3,219 3,219
STRATEGIES.
012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 55,160 40,160
.................................. Realignment....................... [-15,000]
013 0602234D8Z LINCOLN LABORATORY RESEARCH 46,858 46,858
PROGRAM.
014 0602251D8Z APPLIED RESEARCH FOR THE 66,866 66,866
ADVANCEMENT OF S&T PRIORITIES.
015 0602303E INFORMATION & COMMUNICATIONS 333,029 333,029
TECHNOLOGY.
017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 240,610 240,610
PROGRAM.
018 0602668D8Z CYBER SECURITY RESEARCH........... 17,437 25,437
.................................. Pacific Intelligence and [5,000]
Innovation Initiative.
.................................. Semiconductor industry [3,000]
cybersecurity research.
019 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL 4,718 4,718
SECURITY.
020 0602702E TACTICAL TECHNOLOGY............... 234,549 214,549
.................................. Program decrease.................. [-20,000]
021 0602715E MATERIALS AND BIOLOGICAL 344,986 344,986
TECHNOLOGY.
022 0602716E ELECTRONICS TECHNOLOGY............ 572,662 572,662
023 0602718BR COUNTER WEAPONS OF MASS 208,870 208,870
DESTRUCTION APPLIED RESEARCH.
024 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 11,168 11,168
(SEI) APPLIED RESEARCH.
025 0602890D8Z HIGH ENERGY LASER RESEARCH........ 48,804 48,804
026 0602891D8Z FSRM MODELLING.................... 2,000 2,000
027 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 52,287 52,287
.................................. SUBTOTAL APPLIED RESEARCH......... 2,403,461 2,366,461
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
028 0603000D8Z JOINT MUNITIONS ADVANCED 37,706 42,706
TECHNOLOGY.
.................................. Advanced Process Technology for [5,000]
Energetics.
029 0603021D8Z NATIONAL SECURITY INNOVATION 15,085 15,085
CAPITAL.
030 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 30,102 30,102
031 0603122D8Z COMBATING TERRORISM TECHNOLOGY 75,593 123,093
SUPPORT.
.................................. Joint R&D with Israel............. [47,500]
032 0603133D8Z FOREIGN COMPARATIVE TESTING....... 27,078 27,078
033 0603160BR COUNTER WEAPONS OF MASS 400,947 409,447
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
.................................. Advanced manufacturing of [8,500]
energetic materials.
034 0603176BR ADVANCED CONCEPTS AND PERFORMANCE 7,990 7,990
ASSESSMENT.
035 0603176C ADVANCED CONCEPTS AND PERFORMANCE 17,825 17,825
ASSESSMENT.
036 0603180C ADVANCED RESEARCH................. 21,461 28,461
.................................. Radiation Hardened [5,000]
Microelectronics--Faciliity and
Workforce Development.
.................................. Testbed for Advanced Digital Low [2,000]
Latency Networks.
037 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 52,292 54,292
DEVELOPMENT &TRANSITION.
.................................. Common Hypersonic Glide Body [2,000]
Development.
038 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 19,567 19,567
DEVELOPMENT.
039 0603260BR INTELLIGENCE ADVANCED DEVELOPMENT. 10,000 10,000
040 0603286E ADVANCED AEROSPACE SYSTEMS........ 331,753 321,753
.................................. Program decrease.................. [-10,000]
041 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 134,809 122,309
.................................. Excess growth..................... [-12,500]
042 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,328 24,328
043 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 55,626 55,626
CONCEPTS.
044 0603330D8Z QUANTUM APPLICATION............... 75,000 75,000
046 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 104,729 109,729
.................................. Nuclear Advanced Propulsion and [2,500]
power.
.................................. Program increase.................. [2,500]
047 0603375D8Z TECHNOLOGY INNOVATION............. 123,837 123,837
048 0603379D8Z ADVANCED TECHNICAL INTEGRATION.... 11,000 11,000
049 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 267,073 234,654
PROGRAM--ADVANCED DEVELOPMENT.
.................................. Generative Unconstrained [3,000]
Intelligent Drug Engineering-
Enhanced Biodefense.
.................................. Program decrease.................. [-35,419]
050 0603527D8Z RETRACT LARCH..................... 57,401 57,401
051 0603618D8Z JOINT ELECTRONIC ADVANCED 19,793 19,793
TECHNOLOGY.
053 0603662D8Z NETWORKED COMMUNICATIONS 11,197 11,197
CAPABILITIES.
054 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 252,965 365,465
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing at scale... [5,000]
.................................. Bioindustrial Manufacturing [100,000]
Infrastructure.
.................................. Digital manufacturing [5,000]
modernization.
.................................. Hypersonic Advanced Composites [2,500]
Manufacturing.
055 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 46,404 51,404
.................................. Program increase.................. [5,000]
056 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 16,580 16,580
DEMONSTRATIONS.
057 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 60,387 60,387
PROGRAM.
058 0603720S MICROELECTRONICS TECHNOLOGY 144,707 144,707
DEVELOPMENT AND SUPPORT.
059 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,749 2,749
060 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 254,033 244,033
.................................. Reduce carryover--next generation [-10,000]
microelectronics manufacturing.
061 0603760E COMMAND, CONTROL AND 321,591 321,591
COMMUNICATIONS SYSTEMS.
062 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 885,425 885,425
063 0603767E SENSOR TECHNOLOGY................. 358,580 353,330
.................................. Program decrease.................. [-5,250]
065 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 16,699 16,699
066 0603838D8Z DEFENSE INNOVATION ACCELERATION 257,110 257,110
(DIA).
067 0603924D8Z HIGH ENERGY LASER ADVANCED 111,799 111,799
TECHNOLOGY PROGRAM.
068 0603941D8Z TEST & EVALUATION SCIENCE & 345,384 345,384
TECHNOLOGY.
069 0603945D8Z AUKUS INNOVATION INITIATIVES...... 25,000 25,000
070 0603950D8Z NATIONAL SECURITY INNOVATION 21,575 28,575
NETWORK.
.................................. National Security Innovation [7,000]
Network.
071 0604055D8Z OPERATIONAL ENERGY CAPABILITY 171,668 186,033
IMPROVEMENT.
.................................. Excess growth..................... [-5,635]
.................................. HELCAP Thermal Energy Storage..... [10,000]
.................................. Increase for tristructural- [10,000]
isotrophic fuel.
072 1160402BB SOF ADVANCED TECHNOLOGY 156,097 156,097
DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 5,380,945 5,524,641
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
074 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 76,764 76,764
SECURITY EQUIPMENT RDT&E ADC&P.
075 0603600D8Z WALKOFF........................... 143,486 143,486
076 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 117,196 89,596
CERTIFICATION PROGRAM.
.................................. Program decrease.................. [-30,600]
.................................. Sustainable Technology Evaluation [3,000]
and Demonstration program
increase.
077 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 220,311 310,311
DEFENSE SEGMENT.
.................................. INDOPACOM UPL--Enhanced THAAD [90,000]
Mission Support Element
Integration (eTMI).
078 0603882C BALLISTIC MISSILE DEFENSE 903,633 903,633
MIDCOURSE DEFENSE SEGMENT.
079 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 316,853 292,006
PROGRAM--DEM/VAL.
.................................. Excess growth..................... [-24,847]
080 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 239,159 239,159
081 0603890C BMD ENABLING PROGRAMS............. 597,720 596,913
.................................. Poor justification................ [-807]
082 0603891C SPECIAL PROGRAMS--MDA............. 552,888 635,280
.................................. MDA UPL--Classified increase...... [22,892]
.................................. MDA UPL--Electronic Warfare for [27,300]
Missile Defense.
.................................. MDA UPL--Left Through Right of [32,200]
Launch Integration.
083 0603892C AEGIS BMD......................... 693,727 689,727
.................................. Program decrease.................. [-4,000]
084 0603896C BALLISTIC MISSILE DEFENSE COMMAND 554,201 554,201
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
085 0603898C BALLISTIC MISSILE DEFENSE JOINT 48,248 48,248
WARFIGHTER SUPPORT.
086 0603904C MISSILE DEFENSE INTEGRATION & 50,549 50,549
OPERATIONS CENTER (MDIOC).
087 0603906C REGARDING TRENCH.................. 12,564 27,564
.................................. MDA UPL--Classified increase...... [15,000]
088 0603907C SEA BASED X-BAND RADAR (SBX)...... 177,868 177,868
089 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
090 0603914C BALLISTIC MISSILE DEFENSE TEST.... 360,455 360,455
091 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 570,258 597,258
.................................. Advanced Reactive Target [10,000]
Simulation.
.................................. Hypersonic Maneuvering Extended [2,000]
Range (HMER) Target System.
.................................. Hypersonic Target for MDA Advanced [5,000]
Target Front End Configuration 3
(ATFE C3).
.................................. Hypersonic Targets and [10,000]
Countermeasures Program.
092 0603923D8Z COALITION WARFARE................. 12,103 12,103
093 0604011D8Z NEXT GENERATION INFORMATION 179,278 179,278
COMMUNICATIONS TECHNOLOGY (5G).
094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,185 3,185
PROGRAM.
095 0604102C GUAM DEFENSE DEVELOPMENT.......... 397,578 544,578
.................................. INDOPACOM UPL--Guam Defense [147,000]
System, INDOPACOM.
096 0604115C TECHNOLOGY MATURATION INITIATIVES. 6,000
.................................. Diode-Pumped Alkali Laser (DPAL) [6,000]
for Missile Defense.
097 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL 34,350 34,350
INTELLIGENCE OFFICER (CDAO)--MIP.
098 0604181C HYPERSONIC DEFENSE................ 208,997 433,997
.................................. MDA UPL--Glide Phase Interceptor.. [225,000]
099 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,085,826 1,062,226
.................................. Classified adjustment............. [-28,600]
.................................. Mobile micronuclear reactors...... [5,000]
100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 810,839 752,540
.................................. Radiation-Hardened Fully-Depleted [2,500]
Silicon-on-Insulator
Microelectronics.
.................................. Strategic Rad Hard Chiplet Design [2,500]
Accelaration.
.................................. Unjustified growth................ [-63,299]
101 0604331D8Z RAPID PROTOTYPING PROGRAM......... 110,291 110,291
102 0604331J RAPID PROTOTYPING PROGRAM......... 9,880 9,880
104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,643 2,643
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604551BR CATAPULT INFORMATION SYSTEM....... 8,328 8,328
106 0604555D8Z OPERATIONAL ENERGY CAPABILITY 53,726 60,726
IMPROVEMENT--NON S&T.
.................................. High Energy Laser Power Beaming... [7,000]
108 0604682D8Z WARGAMING AND SUPPORT FOR 3,206 3,206
STRATEGIC ANALYSIS (SSA).
109 0604790D8Z RAPID DEFENSE EXPERIMENTATION 79,773 79,773
RESERVE (RDER).
110 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 28,517 28,517
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
111 0604873C LONG RANGE DISCRIMINATION RADAR 103,517 103,517
(LRDR).
112 0604874C IMPROVED HOMELAND DEFENSE 2,130,838 2,130,838
INTERCEPTORS.
113 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 47,577 47,577
DEFENSE SEGMENT TEST.
114 0604878C AEGIS BMD TEST.................... 193,484 188,435
.................................. Excess growth..................... [-5,049]
115 0604879C BALLISTIC MISSILE DEFENSE SENSOR 111,049 111,049
TEST.
116 0604880C LAND-BASED SM-3 (LBSM3)........... 22,163 22,163
117 0604887C BALLISTIC MISSILE DEFENSE 41,824 41,824
MIDCOURSE SEGMENT TEST.
118 0202057C SAFETY PROGRAM MANAGEMENT......... 2,484 2,484
119 0208059JCY CYBERCOM ACTIVITIES............... 65,484 65,484
120 0208085JCY ROBUST INFRASTRUCTURE AND ACCESS.. 170,182 135,535
.................................. Unjustified growth................ [-34,647]
121 0208086JCY CYBER TRAINING ENVIRONMENT (CTE).. 114,980 114,980
122 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,156 2,156
SYSTEMS.
123 0305103C CYBER SECURITY INITIATIVE......... 2,760 2,760
124 0305245D8Z INTELLIGENCE CAPABILITIES AND 3,000 3,000
INNOVATION INVESTMENTS.
125 0305251JCY CYBERSPACE OPERATIONS FORCES AND 2,669 2,669
FORCE SUPPORT.
126 0901579D8Z OFFICE OF STRATEGIC CAPITAL (OSC). 99,000 99,000
129 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 109,483 109,483
SPACE PROGRAMS.
.................................. SUBTOTAL ADVANCED COMPONENT 12,187,050 12,607,593
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
130 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL 615,246 582,346
INTELLIGENCE OFFICER (CDAO)--DEM/
VAL ACTIVITIES.
.................................. Insufficient justification........ [-32,900]
130A 999999 JADC2............................. 174,000
.................................. Program increase--Joint Fires [174,000]
Network (JFN).
131 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 6,229 6,229
SECURITY EQUIPMENT RDT&E SDD.
132 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 382,977 362,380
PROGRAM--EMD.
.................................. Execution risk.................... [-20,597]
133 0604771D8Z JOINT TACTICAL INFORMATION 9,775 9,775
DISTRIBUTION SYSTEM (JTIDS).
134 0605000BR COUNTER WEAPONS OF MASS 14,414 14,414
DESTRUCTION SYSTEMS DEVELOPMENT.
135 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 6,953 6,953
136 0605021SE HOMELAND PERSONNEL SECURITY 9,292 9,292
INITIATIVE.
137 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 18,981 18,981
138 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 5,456 5,456
140 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 32,629 32,629
FINANCIAL SYSTEM.
141 0605141BR MISSION ASSURANCE RISK MANAGEMENT 9,316 9,316
SYSTEM (MARMS).
142 0605210D8Z DEFENSE-WIDE ELECTRONIC 6,899 6,899
PROCUREMENT CAPABILITIES.
143 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 297,586 276,586
.................................. Program decrease.................. [-21,000]
145 0605772D8Z NUCLEAR COMMAND, CONTROL, & 4,110 4,110
COMMUNICATIONS.
146 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 8,159 8,159
MANAGEMENT (EEIM).
147 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 14,471 14,471
AND DEMONSTRATION.
148 0505167D8Z DOMESTIC PREPAREDNESS AGAINST 3,770 3,770
WEAPONS OF MASS DESTRUCTION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 1,446,263 1,545,766
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
149 0603829J JOINT CAPABILITY EXPERIMENTATION.. 12,402 12,402
150 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 12,746 12,746
(DRRS).
151 0604875D8Z JOINT SYSTEMS ARCHITECTURE 8,426 8,426
DEVELOPMENT.
152 0604940D8Z CENTRAL TEST AND EVALUATION 833,792 836,292
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Reusable Hypersonic Testbed....... [2,500]
153 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 5,810 5,810
154 0605001E MISSION SUPPORT................... 99,090 99,090
155 0605100D8Z JOINT MISSION ENVIRONMENT TEST 187,421 187,421
CAPABILITY (JMETC).
156 0605126J JOINT INTEGRATED AIR AND MISSILE 61,477 61,477
DEFENSE ORGANIZATION (JIAMDO).
158 0605142D8Z SYSTEMS ENGINEERING............... 39,949 39,949
159 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 6,292 6,292
160 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 21,043 21,043
161 0605170D8Z SUPPORT TO NETWORKS AND 10,504 10,504
INFORMATION INTEGRATION.
162 0605200D8Z GENERAL SUPPORT TO 2,980 2,980
OUSD(INTELLIGENCE AND SECURITY).
163 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 74,382 74,382
PROGRAM.
170 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,831 3,831
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
171 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 38,923 38,923
172 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 60,404 60,404
173 0605801KA DEFENSE TECHNICAL INFORMATION 65,715 65,715
CENTER (DTIC).
174 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 26,037 26,037
TESTING AND EVALUATION.
175 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 37,353 37,353
176 0605898E MANAGEMENT HQ--R&D................ 14,833 14,833
177 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,752 3,752
INFORMATION CENTER (DTIC).
178 0606005D8Z SPECIAL ACTIVITIES................ 18,088 18,088
179 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 14,427 14,427
180 0606114D8Z ANALYSIS WORKING GROUP (AWG) 4,200 4,200
SUPPORT.
181 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL 17,247 17,247
INTELLIGENCE OFFICER (CDAO)
ACTIVITIES.
182 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,386 3,386
ANALYSIS.
183 0606300D8Z DEFENSE SCIENCE BOARD............. 2,352 2,352
184 0606301D8Z AVIATION SAFETY TECHNOLOGIES...... 213 213
186 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 45,194 45,194
POLICY.
187 0606853BR MANAGEMENT, TECHNICAL & 11,919 11,919
INTERNATIONAL SUPPORT.
188 0203345D8Z DEFENSE OPERATIONS SECURITY 3,112 3,112
INITIATIVE (DOSI).
189 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 4,916 4,916
190 0208045K C4I INTEROPERABILITY.............. 66,152 66,152
195 0305172K COMBINED ADVANCED APPLICATIONS.... 5,366 5,366
197 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,069 3,069
SYSTEMS.
199 0804768J COCOM EXERCISE ENGAGEMENT AND 101,319 95,019
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
.................................. No JLVC acquisition strategy...... [-6,300]
200 0808709SE DEFENSE EQUAL OPPORTUNITY 740 740
MANAGEMENT INSTITUTE (DEOMI).
201 0901598C MANAGEMENT HQ--MDA................ 28,363 28,363
202 0903235K JOINT SERVICE PROVIDER (JSP)...... 5,177 5,177
9999 9999999999 CLASSIFIED PROGRAMS............... 36,315 36,315
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,998,717 1,994,917
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
203 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 42,482 42,482
205 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 1,017,141 1,025,141
SUSTAINMENT SUPPORT.
.................................. Domestic advanced microelectronics [5,000]
packaging.
.................................. Shipbuilding and ship repair [3,000]
workforce development.
206 0607310D8Z COUNTERPROLIFERATION SPECIAL 12,713 12,713
PROJECTS: OPERATIONAL SYSTEMS
DEVELOPMENT.
207 0607327T GLOBAL THEATER SECURITY 8,503 8,503
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
208 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 80,495 80,495
(OPERATIONAL SYSTEMS DEVELOPMENT).
209 0208097JCY CYBER COMMAND AND CONTROL (CYBER 95,733 95,733
C2).
210 0208099JCY DATA AND UNIFIED PLATFORM (D&UP).. 138,558 138,558
214 0302019K DEFENSE INFO INFRASTRUCTURE 19,299 19,299
ENGINEERING AND INTEGRATION.
215 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 37,726 37,726
216 0303131K MINIMUM ESSENTIAL EMERGENCY 5,037 5,037
COMMUNICATIONS NETWORK (MEECN).
218 0303140D8Z INFORMATION SYSTEMS SECURITY 97,171 91,171
PROGRAM.
.................................. Program decrease.................. [-6,000]
220 0303140K INFORMATION SYSTEMS SECURITY 8,351 8,351
PROGRAM.
222 0303153K DEFENSE SPECTRUM ORGANIZATION..... 35,995 35,995
223 0303171K JOINT PLANNING AND EXECUTION 5,677 5,677
SERVICES.
224 0303228K JOINT REGIONAL SECURITY STACKS 3,196 3,196
(JRSS).
228 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) 25,655 25,655
CYBER SECURITY INITIATIVE.
232 0305133V INDUSTRIAL SECURITY ACTIVITIES.... 2,134 2,134
235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 2,295 2,295
ACTIVITIES.
236 0305172D8Z COMBINED ADVANCED APPLICATIONS.... 52,736 52,736
239 0305186D8Z POLICY R&D PROGRAMS............... 6,263 6,263
240 0305199D8Z NET CENTRICITY.................... 23,275 21,963
.................................. Prior year underexecution......... [-1,312]
242 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,214 6,214
SYSTEMS.
249 0305327V INSIDER THREAT.................... 2,971 2,971
250 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,879 1,879
TRANSFER PROGRAM.
257 0306250JCY CYBER OPERATIONS TECHNOLOGY 469,385 476,385
SUPPORT.
.................................. Modernization of Department of [7,000]
Defense Internet Gateway Cyber
Defense.
261 0505167D8Z DOMESTIC PREPAREDNESS AGAINST 1,760 1,760
WEAPONS OF MASS DESTRUCTION.
262 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,420 1,420
263 0708012S PACIFIC DISASTER CENTERS.......... 1,905 1,905
264 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,249 3,249
SYSTEM.
265 1105219BB MQ-9 UAV.......................... 37,188 67,188
.................................. Adaptive Airborne Enterprise (A2E) [30,000]
267 1160403BB AVIATION SYSTEMS.................. 216,174 222,174
.................................. Alternative Domestic Source AC- [6,000]
130J IRSS.
268 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 86,737 86,737
269 1160408BB OPERATIONAL ENHANCEMENTS.......... 216,135 216,135
270 1160431BB WARRIOR SYSTEMS................... 263,374 268,374
.................................. Counter Uncrewed Aerial Systems [5,000]
(CUAS) Group 3 Defeat
Acceleration.
271 1160432BB SPECIAL PROGRAMS.................. 529 529
272 1160434BB UNMANNED ISR...................... 6,727 6,727
273 1160480BB SOF TACTICAL VEHICLES............. 9,335 9,335
274 1160483BB MARITIME SYSTEMS.................. 158,231 158,231
275 1160490BB OPERATIONAL ENHANCEMENTS 15,749 15,749
INTELLIGENCE.
9999 9999999999 CLASSIFIED PROGRAMS............... 8,463,742 8,463,742
.................................. SUBTOTAL OPERATIONAL SYSTEMS 11,683,139 11,731,827
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
278 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 21,355 21,355
PILOT PROGRAM.
279 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 33,166 33,166
9999 9999999999 CLASSIFIED PROGRAMS............... 270,653 270,653
.................................. SUBTOTAL SOFTWARE AND DIGITAL 325,174 325,174
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 36,185,834 36,929,997
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 169,544 169,544
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 103,252 103,252
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,693 58,693
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 331,489 331,489
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 331,489 331,489
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 144,979,625 145,944,719
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2024 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION AND MAINTENANCE,
ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 3,943,409 4,203,409
Program increase: [360,000]
Expanding INDOPACOM
campaigning activities....
Unjustified growth........ [-100,000]
020 MODULAR SUPPORT BRIGADES...... 225,238 225,238
030 ECHELONS ABOVE BRIGADE........ 947,395 933,395
Underexecution............ [-14,000]
040 THEATER LEVEL ASSETS.......... 2,449,141 2,439,141
Underexecution............ [-10,000]
050 LAND FORCES OPERATIONS SUPPORT 1,233,070 1,219,070
Underexecution............ [-14,000]
060 AVIATION ASSETS............... 2,046,144 2,006,144
Unjustified growth........ [-40,000]
070 FORCE READINESS OPERATIONS 7,149,427 7,095,427
SUPPORT......................
Unjustified growth........ [-54,000]
080 LAND FORCES SYSTEMS READINESS. 475,435 475,435
090 LAND FORCES DEPOT MAINTENANCE. 1,423,560 1,423,560
100 MEDICAL READINESS............. 951,499 951,499
110 BASE OPERATIONS SUPPORT....... 9,943,031 9,930,362
Fire and Emergency [15,000]
Services..................
Unjustified growth........ [-27,669]
120 FACILITIES SUSTAINMENT, 5,381,757 5,705,353
RESTORATION & MODERNIZATION..
Program increase.......... [323,596]
130 MANAGEMENT AND OPERATIONAL 313,612 313,612
HEADQUARTERS.................
140 ADDITIONAL ACTIVITIES......... 454,565 454,565
150 RESET......................... 447,987 447,987
160 US AFRICA COMMAND............. 414,680 564,680
AFRICOM UPL--High-risk ISR [150,000]
170 US EUROPEAN COMMAND........... 408,529 408,529
180 US SOUTHERN COMMAND........... 285,692 285,692
190 US FORCES KOREA............... 88,463 88,463
200 CYBERSPACE ACTIVITIES-- 507,845 507,845
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 704,667 704,667
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 39,795,146 40,384,073
MOBILIZATION
230 STRATEGIC MOBILITY............ 470,143 470,143
240 ARMY PREPOSITIONED STOCKS..... 433,909 433,909
250 INDUSTRIAL PREPAREDNESS....... 4,244 4,244
SUBTOTAL MOBILIZATION..... 908,296 908,296
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 178,428 178,428
270 RECRUIT TRAINING.............. 78,235 78,235
280 ONE STATION UNIT TRAINING..... 114,777 114,777
290 SENIOR RESERVE OFFICERS 551,462 551,462
TRAINING CORPS...............
300 SPECIALIZED SKILL TRAINING.... 1,147,431 1,132,431
Unjustified growth........ [-15,000]
310 FLIGHT TRAINING............... 1,398,415 1,398,415
320 PROFESSIONAL DEVELOPMENT 200,779 200,779
EDUCATION....................
330 TRAINING SUPPORT.............. 682,896 682,896
340 RECRUITING AND ADVERTISING.... 690,280 780,280
Recruiting and advertising [90,000]
increase..................
350 EXAMINING..................... 195,009 195,009
360 OFF-DUTY AND VOLUNTARY 260,235 260,235
EDUCATION....................
370 CIVILIAN EDUCATION AND 250,252 250,252
TRAINING.....................
380 JUNIOR RESERVE OFFICER 204,895 204,895
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,953,094 6,028,094
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
400 SERVICEWIDE TRANSPORTATION.... 718,323 718,323
410 CENTRAL SUPPLY ACTIVITIES..... 900,624 875,624
Unjustified growth........ [-25,000]
420 LOGISTIC SUPPORT ACTIVITIES... 828,059 828,059
430 AMMUNITION MANAGEMENT......... 464,029 464,029
440 ADMINISTRATION................ 537,837 537,837
450 SERVICEWIDE COMMUNICATIONS.... 1,962,059 1,937,059
Insufficient justification [-25,000]
460 MANPOWER MANAGEMENT........... 361,553 358,553
Unjustified growth........ [-3,000]
470 OTHER PERSONNEL SUPPORT....... 829,248 829,248
480 OTHER SERVICE SUPPORT......... 2,370,107 2,365,107
Unjustified growth........ [-5,000]
490 ARMY CLAIMS ACTIVITIES........ 203,323 203,323
500 REAL ESTATE MANAGEMENT........ 286,682 286,682
510 FINANCIAL MANAGEMENT AND AUDIT 455,928 455,928
READINESS....................
520 DEF ACQUISITION WORKFORCE 39,867 39,867
DEVELOPMENT ACCOUNT..........
530 INTERNATIONAL MILITARY 610,201 610,201
HEADQUARTERS.................
540 MISC. SUPPORT OF OTHER NATIONS 38,948 38,948
590A CLASSIFIED PROGRAMS........... 2,291,229 2,291,229
SUBTOTAL ADMINISTRATION 12,898,017 12,840,017
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
600 UNDISTRIBUTED................. -337,600
Foreign currency [-208,000]
fluctuations..............
Unobligated balances...... [-129,600]
SUBTOTAL UNDISTRIBUTED.... -337,600
TOTAL OPERATION AND 59,554,553 59,822,880
MAINTENANCE, ARMY........
OPERATION AND MAINTENANCE,
ARMY RESERVE
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 15,208 15,208
020 ECHELONS ABOVE BRIGADE........ 720,802 720,802
030 THEATER LEVEL ASSETS.......... 143,400 143,400
040 LAND FORCES OPERATIONS SUPPORT 707,654 707,654
050 AVIATION ASSETS............... 134,346 134,346
060 FORCE READINESS OPERATIONS 451,178 451,178
SUPPORT......................
070 LAND FORCES SYSTEMS READINESS. 97,564 97,564
080 LAND FORCES DEPOT MAINTENANCE. 45,711 45,711
090 BASE OPERATIONS SUPPORT....... 608,079 606,079
Unjustified growth........ [-2,000]
100 FACILITIES SUSTAINMENT, 495,435 495,435
RESTORATION & MODERNIZATION..
110 MANAGEMENT AND OPERATIONAL 28,783 28,783
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 3,153 3,153
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 19,591 19,591
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 3,470,904 3,468,904
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.... 19,155 19,155
150 ADMINISTRATION................ 21,668 21,668
160 SERVICEWIDE COMMUNICATIONS.... 44,118 44,118
170 MANPOWER MANAGEMENT........... 7,127 7,127
180 RECRUITING AND ADVERTISING.... 67,976 67,976
SUBTOTAL ADMINISTRATION 160,044 160,044
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. -14,300
Foreign currency [-10,900]
fluctuations..............
Unobligated balances...... [-3,400]
SUBTOTAL UNDISTRIBUTED.... -14,300
TOTAL OPERATION AND 3,630,948 3,614,648
MAINTENANCE, ARMY RESERVE
OPERATION AND MAINTENANCE,
ARMY NATIONAL GUARD
OPERATING FORCES
010 MANEUVER UNITS................ 925,071 925,071
020 MODULAR SUPPORT BRIGADES...... 201,781 201,781
030 ECHELONS ABOVE BRIGADE........ 840,373 833,373
Unjustified growth........ [-7,000]
040 THEATER LEVEL ASSETS.......... 107,392 105,392
Unjustified growth........ [-2,000]
050 LAND FORCES OPERATIONS SUPPORT 62,908 62,908
060 AVIATION ASSETS............... 1,113,908 1,102,908
Unjustified growth........ [-11,000]
070 FORCE READINESS OPERATIONS 832,946 831,446
SUPPORT......................
Training Exercise Support. [3,500]
Unjustified growth........ [-5,000]
080 LAND FORCES SYSTEMS READINESS. 50,696 50,696
090 LAND FORCES DEPOT MAINTENANCE. 231,784 231,784
100 BASE OPERATIONS SUPPORT....... 1,249,066 1,249,066
110 FACILITIES SUSTAINMENT, 1,081,561 1,081,561
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 1,468,857 1,468,857
HEADQUARTERS.................
130 CYBERSPACE ACTIVITIES-- 9,566 9,566
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 15,710 15,710
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 8,191,619 8,170,119
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 7,251 7,251
160 ADMINISTRATION................ 66,025 66,025
170 SERVICEWIDE COMMUNICATIONS.... 113,366 113,366
180 MANPOWER MANAGEMENT........... 8,663 8,663
190 OTHER PERSONNEL SUPPORT....... 292,426 292,426
200 REAL ESTATE MANAGEMENT........ 3,754 3,754
SUBTOTAL ADMINISTRATION 491,485 491,485
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
230 UNDISTRIBUTED................. -49,000
Foreign currency [-29,000]
fluctuations..............
Unobligated balances...... [-20,000]
SUBTOTAL UNDISTRIBUTED.... -49,000
TOTAL OPERATION AND 8,683,104 8,612,604
MAINTENANCE, ARMY
NATIONAL GUARD...........
COUNTER-ISLAMIC STATE OF IRAQ
AND SYRIA TRAIN AND EQUIP
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 241,950 241,950
020 SYRIA......................... 156,000 156,000
SUBTOTAL COUNTER ISIS 397,950 397,950
TRAIN AND EQUIP FUND
(CTEF)....................
TOTAL COUNTER-ISLAMIC 397,950 397,950
STATE OF IRAQ AND SYRIA
TRAIN AND EQUIP..........
OPERATION AND MAINTENANCE,
NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 7,882,504 7,882,504
OPERATIONS...................
020 FLEET AIR TRAINING............ 2,773,957 2,773,957
030 AVIATION TECHNICAL DATA & 73,047 73,047
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 213,862 213,862
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 1,155,463 1,155,463
060 AIRCRAFT DEPOT MAINTENANCE.... 1,857,021 1,857,021
070 AIRCRAFT DEPOT OPERATIONS 66,822 66,822
SUPPORT......................
080 AVIATION LOGISTICS............ 1,871,670 1,871,670
090 MISSION AND OTHER SHIP 7,015,796 7,005,796
OPERATIONS...................
Underexecution............ [-10,000]
100 SHIP OPERATIONS SUPPORT & 1,301,108 1,301,108
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 11,164,249 11,164,249
120 SHIP DEPOT OPERATIONS SUPPORT. 2,728,712 2,728,712
130 COMBAT COMMUNICATIONS AND 1,776,881 1,803,381
ELECTRONIC WARFARE...........
AFRICOM UPL--Somalia [26,500]
Persistent Presence.......
140 SPACE SYSTEMS AND SURVEILLANCE 389,915 389,915
150 WARFARE TACTICS............... 1,005,998 1,005,998
160 OPERATIONAL METEOROLOGY AND 455,330 455,330
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 2,350,089 2,336,089
Naval Small Craft [6,000]
Instruction and Technical
Training School...........
Unjustified growth........ [-20,000]
180 EQUIPMENT MAINTENANCE AND 189,044 189,044
DEPOT OPERATIONS SUPPORT.....
200 COMBATANT COMMANDERS CORE 92,504 92,504
OPERATIONS...................
210 COMBATANT COMMANDERS DIRECT 352,980 416,980
MISSION SUPPORT..............
INDOPACOM campaigning..... [36,000]
Joint Training Team....... [28,000]
230 CYBERSPACE ACTIVITIES......... 522,180 522,180
240 FLEET BALLISTIC MISSILE....... 1,763,238 1,763,238
250 WEAPONS MAINTENANCE........... 1,640,642 1,615,642
Underexecution............ [-25,000]
260 OTHER WEAPON SYSTEMS SUPPORT.. 696,653 696,653
270 ENTERPRISE INFORMATION........ 1,780,645 1,762,645
Insufficient justification [-18,000]
280 SUSTAINMENT, RESTORATION AND 4,406,192 4,714,316
MODERNIZATION................
Dry Dock Repairs at PSNS [200,000]
Investment Restoration and
Modernization.............
Hangar resilience and [20,000]
repair....................
Program increase.......... [88,124]
290 BASE OPERATING SUPPORT........ 6,223,827 6,221,627
Navy divestment of [18,000]
electrical utility
operations at former Naval
Air Station Barbers Point.
Unjustified growth........ [-20,200]
SUBTOTAL OPERATING FORCES. 61,750,329 62,079,753
MOBILIZATION
300 SHIP PREPOSITIONING AND SURGE. 475,255 475,255
310 READY RESERVE FORCE........... 701,060 701,060
320 SHIP ACTIVATIONS/INACTIVATIONS 302,930 302,930
330 EXPEDITIONARY HEALTH SERVICES 151,966 151,966
SYSTEMS......................
340 COAST GUARD SUPPORT........... 21,464 21,464
SUBTOTAL MOBILIZATION..... 1,652,675 1,652,675
TRAINING AND RECRUITING
350 OFFICER ACQUISITION........... 201,555 201,555
360 RECRUIT TRAINING.............. 16,521 16,521
370 RESERVE OFFICERS TRAINING 175,171 175,171
CORPS........................
380 SPECIALIZED SKILL TRAINING.... 1,238,894 1,233,894
Unjustified growth........ [-5,000]
390 PROFESSIONAL DEVELOPMENT 335,603 335,603
EDUCATION....................
400 TRAINING SUPPORT.............. 390,931 390,931
410 RECRUITING AND ADVERTISING.... 269,483 269,483
420 OFF-DUTY AND VOLUNTARY 90,452 90,452
EDUCATION....................
430 CIVILIAN EDUCATION AND 73,406 73,406
TRAINING.....................
440 JUNIOR ROTC................... 58,970 58,970
SUBTOTAL TRAINING AND 2,850,986 2,845,986
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
450 ADMINISTRATION................ 1,350,449 1,338,449
Program decrease.......... [-12,000]
460 CIVILIAN MANPOWER AND 242,760 242,760
PERSONNEL MANAGEMENT.........
470 MILITARY MANPOWER AND 745,666 745,666
PERSONNEL MANAGEMENT.........
490 MEDICAL ACTIVITIES............ 323,978 323,978
500 DEF ACQUISITION WORKFORCE 67,357 67,357
DEVELOPMENT ACCOUNT..........
510 SERVICEWIDE TRANSPORTATION.... 248,822 248,822
530 PLANNING, ENGINEERING, AND 616,816 616,816
PROGRAM SUPPORT..............
540 ACQUISITION, LOGISTICS, AND 850,906 850,906
OVERSIGHT....................
550 INVESTIGATIVE AND SECURITY 888,508 888,508
SERVICES.....................
730A CLASSIFIED PROGRAMS........... 655,281 655,281
SUBTOTAL ADMINISTRATION 5,990,543 5,978,543
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
740 UNDISTRIBUTED................. -462,300
Foreign currency [-236,300]
fluctuations..............
Unobligated balances...... [-226,000]
SUBTOTAL UNDISTRIBUTED.... -462,300
TOTAL OPERATION AND 72,244,533 72,094,657
MAINTENANCE, NAVY........
OPERATION AND MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 1,799,964 1,793,964
INDOPACOM campaigning..... [8,000]
Unjustified growth........ [-14,000]
020 FIELD LOGISTICS............... 1,878,228 1,853,228
Unjustified growth........ [-25,000]
030 DEPOT MAINTENANCE............. 211,460 211,460
040 MARITIME PREPOSITIONING....... 137,831 137,831
060 CYBERSPACE ACTIVITIES......... 205,449 205,449
070 SUSTAINMENT, RESTORATION & 1,211,183 1,235,407
MODERNIZATION................
Program increase.......... [24,224]
080 BASE OPERATING SUPPORT........ 3,124,551 3,084,801
Unjustified growth........ [-42,750]
USMC Nucleated Foam Engine [3,000]
Wash......................
SUBTOTAL OPERATING FORCES. 8,568,666 8,522,140
TRAINING AND RECRUITING
090 RECRUIT TRAINING.............. 26,284 26,284
100 OFFICER ACQUISITION........... 1,316 1,316
110 SPECIALIZED SKILL TRAINING.... 133,176 133,176
120 PROFESSIONAL DEVELOPMENT 66,213 66,213
EDUCATION....................
130 TRAINING SUPPORT.............. 570,152 570,152
140 RECRUITING AND ADVERTISING.... 246,586 300,903
Marine Corps Enlisted [5,000]
Training Corps............
Recruiting and advertising [49,317]
increase..................
150 OFF-DUTY AND VOLUNTARY 55,230 55,230
EDUCATION....................
160 JUNIOR ROTC................... 29,616 29,616
SUBTOTAL TRAINING AND 1,128,573 1,182,890
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
180 SERVICEWIDE TRANSPORTATION.... 90,366 90,366
190 ADMINISTRATION................ 428,650 428,650
220A CLASSIFIED PROGRAMS........... 65,658 65,658
SUBTOTAL ADMINISTRATION 584,674 584,674
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
230 UNDISTRIBUTED................. -65,800
Foreign currency [-33,800]
fluctuations..............
Unobligated balances...... [-32,000]
SUBTOTAL UNDISTRIBUTED.... -65,800
TOTAL OPERATION AND 10,281,913 10,223,904
MAINTENANCE, MARINE CORPS
OPERATION AND MAINTENANCE,
NAVY RESERVE
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 731,113 731,113
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 10,122 10,122
030 AIRCRAFT DEPOT MAINTENANCE.... 167,811 167,811
040 AIRCRAFT DEPOT OPERATIONS 103 103
SUPPORT......................
050 AVIATION LOGISTICS............ 29,185 29,185
060 COMBAT COMMUNICATIONS......... 20,806 20,806
070 COMBAT SUPPORT FORCES......... 186,590 186,590
080 CYBERSPACE ACTIVITIES......... 296 296
090 ENTERPRISE INFORMATION........ 32,467 32,467
100 SUSTAINMENT, RESTORATION AND 63,726 63,726
MODERNIZATION................
110 BASE OPERATING SUPPORT........ 121,064 121,064
SUBTOTAL OPERATING FORCES. 1,363,283 1,363,283
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
120 ADMINISTRATION................ 2,025 2,025
130 MILITARY MANPOWER AND 13,401 13,401
PERSONNEL MANAGEMENT.........
140 ACQUISITION AND PROGRAM 2,101 2,101
MANAGEMENT...................
SUBTOTAL ADMINISTRATION 17,527 17,527
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
170 UNDISTRIBUTED................. -8,100
Foreign currency [-3,900]
fluctuations..............
Unobligated balances...... [-4,200]
SUBTOTAL UNDISTRIBUTED.... -8,100
TOTAL OPERATION AND 1,380,810 1,372,710
MAINTENANCE, NAVY RESERVE
OPERATION AND MAINTENANCE,
MARINE CORPS RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 128,468 128,468
020 DEPOT MAINTENANCE............. 20,967 20,967
030 SUSTAINMENT, RESTORATION AND 46,589 46,589
MODERNIZATION................
040 BASE OPERATING SUPPORT........ 120,808 120,808
SUBTOTAL OPERATING FORCES. 316,832 316,832
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
050 ADMINISTRATION................ 12,563 12,563
SUBTOTAL ADMINISTRATION 12,563 12,563
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
060 UNDISTRIBUTED................. -4,900
Foreign currency [-3,900]
fluctuations..............
Unobligated balances...... [-1,000]
SUBTOTAL UNDISTRIBUTED.... -4,900
TOTAL OPERATION AND 329,395 324,495
MAINTENANCE, MARINE CORPS
RESERVE..................
OPERATION AND MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 980,768 936,068
Technical realignment..... [-14,700]
Unjustified growth........ [-30,000]
020 COMBAT ENHANCEMENT FORCES..... 2,665,924 2,733,924
INDOPACOM Campaigning..... [104,000]
Unjustified growth........ [-36,000]
030 AIR OPERATIONS TRAINING (OJT, 1,630,552 1,611,552
MAINTAIN SKILLS).............
Unjustified growth........ [-19,000]
040 DEPOT PURCHASE EQUIPMENT 4,632,693 4,644,043
MAINTENANCE..................
F-22 Block 20 buy-back [11,350]
costs.....................
050 FACILITIES SUSTAINMENT, 4,252,815 4,279,719
RESTORATION & MODERNIZATION..
DAF requested realignment [-58,152]
of funds..................
Program increase.......... [85,056]
060 CYBERSPACE SUSTAINMENT........ 229,440 229,440
070 CONTRACTOR LOGISTICS SUPPORT 9,537,192 9,679,142
AND SYSTEM SUPPORT...........
F-22 Block 20 buy-back [181,950]
costs.....................
Underexecution............ [-40,000]
080 FLYING HOUR PROGRAM........... 6,697,549 6,600,149
F-22 Block 20 buy-back [17,600]
costs.....................
Underexecution............ [-115,000]
090 BASE SUPPORT.................. 11,633,510 11,310,018
DAF requested realignment [-223,192]
of funds..................
DAF requested realignment [14,700]
of funds from SAG 11A.....
Underexecution............ [-115,000]
100 GLOBAL C3I AND EARLY WARNING.. 1,350,827 1,301,476
Technical realignment..... [-30,951]
Unjustified request....... [-18,400]
110 OTHER COMBAT OPS SPT PROGRAMS. 1,817,941 1,804,941
Unjustified growth........ [-13,000]
120 CYBERSPACE ACTIVITIES......... 807,966 807,966
130 TACTICAL INTEL AND OTHER 267,615 267,615
SPECIAL ACTIVITIES...........
160 US NORTHCOM/NORAD............. 245,263 245,263
170 US STRATCOM................... 541,720 541,720
190 US CENTCOM.................... 335,220 329,220
Office of Security [-6,000]
Cooperation-Iraq reduction
200 US SOCOM...................... 27,511 27,511
210 US TRANSCOM................... 607 607
220 CENTCOM CYBERSPACE SUSTAINMENT 1,415 1,415
230 USSPACECOM.................... 373,989 373,989
240 MEDICAL READINESS............. 564,880 562,596
Technical realignment..... [-2,284]
480A CLASSIFIED PROGRAMS........... 1,465,926 1,465,926
SUBTOTAL OPERATING FORCES. 50,061,323 49,754,300
MOBILIZATION
260 AIRLIFT OPERATIONS............ 3,012,287 3,012,287
270 MOBILIZATION PREPAREDNESS..... 241,918 241,918
SUBTOTAL MOBILIZATION..... 3,254,205 3,254,205
TRAINING AND RECRUITING
280 OFFICER ACQUISITION........... 202,769 202,769
290 RECRUIT TRAINING.............. 28,892 28,892
300 RESERVE OFFICERS TRAINING 137,647 137,647
CORPS (ROTC).................
310 SPECIALIZED SKILL TRAINING.... 588,131 588,131
320 FLIGHT TRAINING............... 875,230 862,989
Underexecution............ [-12,241]
330 PROFESSIONAL DEVELOPMENT 301,262 303,262
EDUCATION....................
Program increase.......... [2,000]
340 TRAINING SUPPORT.............. 194,609 194,609
350 RECRUITING AND ADVERTISING.... 204,318 204,318
360 EXAMINING..................... 7,775 7,775
370 OFF-DUTY AND VOLUNTARY 263,421 263,421
EDUCATION....................
380 CIVILIAN EDUCATION AND 343,039 343,039
TRAINING.....................
390 JUNIOR ROTC................... 75,666 75,666
SUBTOTAL TRAINING AND 3,222,759 3,212,518
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
400 LOGISTICS OPERATIONS.......... 1,062,199 1,062,199
410 TECHNICAL SUPPORT ACTIVITIES.. 162,919 162,919
420 ADMINISTRATION................ 1,409,015 1,408,515
Program decrease--contract [-500]
support...................
430 SERVICEWIDE COMMUNICATIONS.... 30,268 30,268
440 OTHER SERVICEWIDE ACTIVITIES.. 1,851,856 1,811,376
Technical realignment..... [4,520]
Underexecution............ [-45,000]
450 CIVIL AIR PATROL.............. 30,901 30,901
460 DEF ACQUISITION WORKFORCE 42,759 42,759
DEVELOPMENT ACCOUNT..........
480 INTERNATIONAL SUPPORT......... 115,267 115,267
490A CLASSIFIED PROGRAMS........... 1,506,624 1,506,624
SUBTOTAL ADMINISTRATION 6,211,808 6,170,828
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
500 UNDISTRIBUTED................. -408,500
Foreign currency [-208,500]
fluctuations..............
Unobligated balances...... [-200,000]
SUBTOTAL UNDISTRIBUTED.... -408,500
TOTAL OPERATION AND 62,750,095 61,983,351
MAINTENANCE, AIR FORCE...
OPERATION AND MAINTENANCE,
SPACE FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING.... 642,201 617,201
Unjustified growth........ [-25,000]
020 SPACE LAUNCH OPERATIONS....... 356,162 356,162
030 SPACE OPERATIONS.............. 866,547 864,047
Unjustified growth........ [-2,500]
040 EDUCATION & TRAINING.......... 199,181 212,353
Technical realignment..... [18,172]
Unjustified growth........ [-5,000]
050 SPECIAL PROGRAMS.............. 383,233 383,233
060 DEPOT MAINTENANCE............. 67,757 67,757
070 FACILITIES SUSTAINMENT, 678,648 692,221
RESTORATION & MODERNIZATION..
Program increase.......... [13,573]
080 CONTRACTOR LOGISTICS AND 1,380,350 1,378,350
SYSTEM SUPPORT...............
Unjustified growth........ [-2,000]
090 SPACE OPERATIONS -BOS......... 188,760 188,760
110A CLASSIFIED PROGRAMS........... 71,475 71,475
SUBTOTAL OPERATING FORCES. 4,834,314 4,831,559
UNDISTRIBUTED
120 UNDISTRIBUTED................. -33,100
Foreign currency [-14,100]
fluctuations..............
Unobligated balances...... [-19,000]
SUBTOTAL UNDISTRIBUTED.... -33,100
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
100 LOGISTICS OPERATIONS.......... 34,046 34,046
110 ADMINISTRATION................ 149,108 130,936
Technical realignment..... [-18,172]
SUBTOTAL ADMINISTRATION 183,154 164,982
AND SERVICE-WIDE
ACTIVITIES................
TOTAL OPERATION AND 5,017,468 4,963,441
MAINTENANCE, SPACE FORCE.
OPERATION AND MAINTENANCE, AIR
FORCE RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 2,088,949 2,058,949
Unjustified growth........ [-30,000]
020 MISSION SUPPORT OPERATIONS.... 198,213 198,213
030 DEPOT PURCHASE EQUIPMENT 647,758 647,758
MAINTENANCE..................
040 FACILITIES SUSTAINMENT, 122,314 122,314
RESTORATION & MODERNIZATION..
050 CONTRACTOR LOGISTICS SUPPORT 374,442 374,442
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 543,962 543,962
070 CYBERSPACE ACTIVITIES......... 1,742 1,742
SUBTOTAL OPERATING FORCES. 3,977,380 3,947,380
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
080 ADMINISTRATION................ 107,281 107,281
090 RECRUITING AND ADVERTISING.... 9,373 9,373
100 MILITARY MANPOWER AND PERS 15,563 15,563
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 6,174 6,174
COMP)........................
120 AUDIOVISUAL................... 485 485
SUBTOTAL ADMINISTRATION 138,876 138,876
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
130 UNDISTRIBUTED................. -40,500
Foreign currency [-12,500]
fluctuations..............
Unobligated balances...... [-28,000]
SUBTOTAL UNDISTRIBUTED.... -40,500
TOTAL OPERATION AND 4,116,256 4,045,756
MAINTENANCE, AIR FORCE
RESERVE..................
OPERATION AND MAINTENANCE, AIR
NATIONAL GUARD
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,498,675 2,478,675
Unjustified growth........ [-20,000]
020 MISSION SUPPORT OPERATIONS.... 656,714 656,714
030 DEPOT PURCHASE EQUIPMENT 1,171,901 1,171,901
MAINTENANCE..................
040 FACILITIES SUSTAINMENT, 370,188 370,188
RESTORATION & MODERNIZATION..
050 CONTRACTOR LOGISTICS SUPPORT 1,280,003 1,262,003
AND SYSTEM SUPPORT...........
Unjustified growth........ [-18,000]
060 BASE SUPPORT.................. 1,089,579 1,089,579
070 CYBERSPACE SUSTAINMENT........ 19,708 19,708
080 CYBERSPACE ACTIVITIES......... 49,476 49,476
SUBTOTAL OPERATING FORCES. 7,136,244 7,098,244
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
090 ADMINISTRATION................ 68,417 68,417
100 RECRUITING AND ADVERTISING.... 49,033 49,033
SUBTOTAL ADMINISTRATION 117,450 117,450
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
110 UNDISTRIBUTED................. -46,200
Foreign currency [-24,300]
fluctuations..............
Unobligated balances...... [-21,900]
SUBTOTAL UNDISTRIBUTED.... -46,200
TOTAL OPERATION AND 7,253,694 7,169,494
MAINTENANCE, AIR NATIONAL
GUARD....................
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 461,370 467,770
Combatant Commander's [10,000]
Initiative Fund (CCIF)--
AFRICOM and SOUTHCOM......
Unobligated balances...... [-3,600]
020 JOINT CHIEFS OF STAFF--JTEEP.. 701,081 698,081
Unjustified growth........ [-3,000]
030 JOINT CHIEFS OF STAFF--CYBER.. 8,210 8,210
040 OFFICE OF THE SECRETARY OF 252,480 252,480
DEFENSE--MISO................
060 SPECIAL OPERATIONS COMMAND 2,012,953 2,012,953
COMBAT DEVELOPMENT ACTIVITIES
070 SPECIAL OPERATIONS COMMAND 1,210,930 1,182,630
MAINTENANCE..................
MQ-9 Unmanned Aerial [-4,000]
Vehicle unjustified
increase..................
Program decrease.......... [-24,300]
080 SPECIAL OPERATIONS COMMAND 202,574 199,968
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
Program decrease.......... [-2,606]
090 SPECIAL OPERATIONS COMMAND 3,346,004 3,337,278
THEATER FORCES...............
Program decrease.......... [-8,726]
100 SPECIAL OPERATIONS COMMAND 49,757 49,757
CYBERSPACE ACTIVITIES........
110 SPECIAL OPERATIONS COMMAND 1,391,402 1,405,402
INTELLIGENCE.................
Program decrease.......... [-6,000]
Special Operations Command [20,000]
Intelligence increase in
Non-Traditional ISR (SOF
Digital Ecosystem POR)....
120 SPECIAL OPERATIONS COMMAND 1,438,967 1,419,975
OPERATIONAL SUPPORT..........
Program decrease.......... [-18,992]
130 CYBERSPACE OPERATIONS......... 1,318,614 1,323,614
Internet Operations [5,000]
Management................
140 USCYBERCOM HEADQUARTERS....... 332,690 332,690
SUBTOTAL OPERATING FORCES. 12,727,032 12,690,808
TRAINING AND RECRUITING
150 DEFENSE ACQUISITION UNIVERSITY 183,342 183,342
160 JOINT CHIEFS OF STAFF......... 118,172 118,172
170 SPECIAL OPERATIONS COMMAND/ 33,855 33,855
PROFESSIONAL DEVELOPMENT
EDUCATION....................
SUBTOTAL TRAINING AND 335,369 335,369
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
180 CIVIL MILITARY PROGRAMS....... 142,240 275,740
National Guard Youth [83,500]
Challenge.................
STARBASE.................. [50,000]
190 DEFENSE CONTRACT AUDIT AGENCY-- 4,870 4,870
CYBER........................
200 DEFENSE CONTRACT AUDIT AGENCY. 667,943 667,943
210 DEFENSE CONTRACT MANAGEMENT 1,567,119 1,564,119
AGENCY.......................
Unobligated balances...... [-3,000]
220 DEFENSE CONTRACT MANAGEMENT 30,279 30,279
AGENCY--CYBER................
230 DEFENSE COUNTERINTELLIGENCE 1,062,123 1,027,123
AND SECURITY AGENCY..........
Unjustified growth........ [-35,000]
250 DEFENSE COUNTERINTELLIGENCE 9,835 9,835
AND SECURITY AGENCY--CYBER...
260 DEFENSE HUMAN RESOURCES 27,517 27,517
ACTIVITY--CYBER..............
270 DEFENSE HUMAN RESOURCES 1,033,789 988,789
ACTIVITY.....................
Underexecution............ [-45,000]
300 DEFENSE INFORMATION SYSTEMS 2,567,698 2,532,798
AGENCY.......................
Program decrease.......... [-25,000]
Unobligated balances...... [-9,900]
310 DEFENSE INFORMATION SYSTEMS 526,893 526,893
AGENCY--CYBER................
320 DEFENSE LEGAL SERVICES AGENCY. 241,779 239,779
Historical unobligated [-2,000]
balances..................
330 DEFENSE LOGISTICS AGENCY...... 446,731 446,731
340 DEFENSE MEDIA ACTIVITY........ 246,840 246,840
360 DEFENSE POW/MIA OFFICE........ 195,959 195,959
370 DEFENSE SECURITY COOPERATION 2,379,100 2,259,100
AGENCY.......................
Program decrease--Border [-120,000]
Security..................
380 DEFENSE TECHNOLOGY SECURITY 41,722 41,722
ADMINISTRATION...............
390 DEFENSE THREAT REDUCTION 984,272 974,272
AGENCY.......................
Program decrease.......... [-10,000]
410 DEFENSE THREAT REDUCTION 70,548 70,548
AGENCY--CYBER................
420 DEPARTMENT OF DEFENSE 3,451,625 3,514,625
EDUCATION ACTIVITY...........
Historical unobligated [-7,000]
balances..................
Impact Aid................ [50,000]
Impact Aid Students with [20,000]
Disabilities..............
430 MISSILE DEFENSE AGENCY........ 564,078 564,078
440 OFFICE OF THE LOCAL DEFENSE 118,216 118,216
COMMUNITY COOPERATION........
480 OFFICE OF THE SECRETARY OF 92,176 92,176
DEFENSE--CYBER...............
490 OFFICE OF THE SECRETARY OF 2,676,416 2,628,173
DEFENSE......................
Bien Hoa dioxin cleanup... [15,000]
Centers for Disease [5,000]
Control and Prevention
Nation-wide human health
assessment................
Legacy Resource Management [2,000]
Program...................
Program decrease.......... [-91,443]
Readiness and [20,200]
Environmental Protection
Integration program.......
United States [1,000]
Telecommunications
Training Institute........
530 WASHINGTON HEADQUARTERS 440,947 430,947
SERVICES.....................
Program decrease.......... [-10,000]
530A CLASSIFIED PROGRAMS........... 20,114,447 20,043,479
Classified adjustment..... [-70,968]
SUBTOTAL ADMINISTRATION 39,705,162 39,522,551
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
540 UNDISTRIBUTED................. -15,000
Historical unobligated [-15,000]
balances..................
SUBTOTAL UNDISTRIBUTED.... -15,000
TOTAL OPERATION AND 52,767,563 52,533,728
MAINTENANCE, DEFENSE-WIDE
UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 16,620 16,620
ARMED FORCES, DEFENSE........
SUBTOTAL ADMINISTRATION 16,620 16,620
AND ASSOCIATED ACTIVITIES.
TOTAL UNITED STATES COURT 16,620 16,620
OF APPEALS FOR THE ARMED
FORCES...................
DEPARTMENT OF DEFENSE
ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 54,977 54,977
SUBTOTAL ACQUISITION 54,977 54,977
WORKFORCE DEVELOPMENT.....
TOTAL DEPARTMENT OF 54,977 54,977
DEFENSE ACQUISITION
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 114,900 114,900
DISASTER AND CIVIC AID.......
SUBTOTAL HUMANITARIAN 114,900 114,900
ASSISTANCE................
TOTAL OVERSEAS 114,900 114,900
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
010 COOPERATIVE THREAT REDUCTION.. 350,999 350,999
SUBTOTAL COOPERATIVE 350,999 350,999
THREAT REDUCTION..........
TOTAL COOPERATIVE THREAT 350,999 350,999
REDUCTION ACCOUNT........
ENVIRONMENTAL RESTORATION,
ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, 198,760 198,760
ARMY.........................
SUBTOTAL DEPARTMENT OF THE 198,760 198,760
ARMY......................
TOTAL ENVIRONMENTAL 198,760 198,760
RESTORATION, ARMY........
ENVIRONMENTAL RESTORATION,
NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, 335,240 335,240
NAVY.........................
SUBTOTAL DEPARTMENT OF THE 335,240 335,240
NAVY......................
TOTAL ENVIRONMENTAL 335,240 335,240
RESTORATION, NAVY........
ENVIRONMENTAL RESTORATION, AIR
FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR 349,744 349,744
FORCE........................
SUBTOTAL DEPARTMENT OF THE 349,744 349,744
AIR FORCE.................
TOTAL ENVIRONMENTAL 349,744 349,744
RESTORATION, AIR FORCE...
ENVIRONMENTAL RESTORATION,
DEFENSE
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, 8,965 8,965
DEFENSE......................
SUBTOTAL DEFENSE-WIDE..... 8,965 8,965
TOTAL ENVIRONMENTAL 8,965 8,965
RESTORATION, DEFENSE.....
ENVIRONMENTAL RESTORATION,
FORMERLY USED DEFENSE SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION 232,806 232,806
FORMERLY USED SITES..........
SUBTOTAL DEFENSE-WIDE..... 232,806 232,806
TOTAL ENVIRONMENTAL 232,806 232,806
RESTORATION, FORMERLY
USED DEFENSE SITES.......
TOTAL OPERATION & 290,071,293 288,822,629
MAINTENANCE..............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2024 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 168,320,510 166,211,649
Air Force end strength underexecution. [-564,000]
Air National Guard AGR end strength [-33,000]
underexecution.......................
Army, Underexecution of strength...... [-787,901]
Marine Corps Reserve, Underexecution [-24,315]
of strength..........................
Navy end strength underexecution...... [-600,000]
Navy Reserve, Projected underexecution [-10,000]
Unobligated balances.................. [-89,645]
Medicare-Eligible Retiree Health Care 10,553,456 10,553,456
Fund Contributions...................
TOTAL, Military Personnel........... 178,873,966 176,765,105
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2024 Conference
Program Title Request Authorized
------------------------------------------------------------------------
NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND
DEFENSE STOCKPILE..................... 7,629 7,629
TOTAL NATIONAL DEFENSE STOCKPILE 7,629 7,629
TRANSACTION FUND...................
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE.............. 27,551 27,551
ARMY SUPPLY MANAGEMENT................ 1,662 1,662
TOTAL WORKING CAPITAL FUND, ARMY... 29,213 29,213
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS................ 83,587 83,587
TOTAL WORKING CAPITAL FUND, AIR 83,587 83,587
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE AUTOMATION & PRODUCTION 4 4
SERVICES.............................
ENERGY MANAGEMENT--DEFENSE............ 114,663 114,663
TOTAL WORKING CAPITAL FUND, DEFENSE- 114,667 114,667
WIDE...............................
WORKING CAPITAL FUND, DEFENSE
COMMISSARY AGENCY
WORKING CAPITAL FUND--DECA............ 1,447,612 1,447,612
TOTAL WORKING CAPITAL FUND, DEFENSE 1,447,612 1,447,612
COMMISSARY AGENCY..................
CHEMICAL AGENTS AND MUNITIONS
DESTRUCTION, DEFENSE
OPERATION AND MAINTENANCE............. 89,284 89,284
RESEARCH, DEVELOPMENT, TEST, AND 1,002,560 1,002,560
EVALUATION...........................
TOTAL CHEMICAL AGENTS AND MUNITIONS 1,091,844 1,091,844
DESTRUCTION, DEFENSE...............
DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES, DEFENSE
COUNTER-NARCOTICS SUPPORT............. 643,848 648,848
Global Trader in the Office of [5,000]
Naval Intelligence Maritime
Intelligence Support.............
DRUG DEMAND REDUCTION PROGRAM......... 134,313 136,813
Young Marines Program............ [2,500]
NATIONAL GUARD COUNTER-DRUG PROGRAM... 102,272 122,272
Program increase................. [20,000]
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,993 10,993
Program increase................. [5,000]
TOTAL DRUG INTERDICTION AND COUNTER- 886,426 918,926
DRUG ACTIVITIES, DEFENSE...........
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M.. 518,919 518,919
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,948 1,948
OFFICE OF THE INSPECTOR GENERAL--RDT&E 3,400 3,400
OFFICE OF THE INSPECTOR GENERAL-- 1,098 1,098
PROCUREMENT..........................
TOTAL OFFICE OF THE INSPECTOR 525,365 525,365
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 10,044,342 9,950,353
Baseline adjustment.............. [-93,989]
PRIVATE SECTOR CARE................... 19,893,028 19,867,877
Unjustified growth............... [-25,151]
CONSOLIDATED HEALTH SUPPORT........... 2,007,012 2,000,994
Historical underexecution........ [-6,018]
INFORMATION MANAGEMENT................ 2,327,816 2,327,816
MANAGEMENT ACTIVITIES................. 347,446 347,446
EDUCATION AND TRAINING................ 336,111 343,111
TriService Nursing Research [7,000]
Program..........................
BASE OPERATIONS/COMMUNICATIONS........ 2,144,551 2,142,051
Historical underexecution........ [-2,500]
R&D RESEARCH.......................... 40,311 50,311
Clinical study on treatment with [10,000]
psychedelic substances...........
R&D EXPLORATRY DEVELOPMENT............ 178,892 178,892
R&D ADVANCED DEVELOPMENT.............. 327,040 327,040
R&D DEMONSTRATION/VALIDATION.......... 172,351 172,351
R&D ENGINEERING DEVELOPMENT........... 107,753 107,753
R&D MANAGEMENT AND SUPPORT............ 87,096 87,096
R&D CAPABILITIES ENHANCEMENT.......... 18,330 18,330
PROC INITIAL OUTFITTING............... 22,344 22,344
PROC REPLACEMENT & MODERNIZATION...... 238,435 238,435
PROC JOINT OPERATIONAL MEDICINE 29,537 29,537
INFORMATION SYSTEM...................
PROC MILITARY HEALTH SYSTEM--DESKTOP 74,055 74,055
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 17,510 17,510
MODERNIZATION........................
TOTAL DEFENSE HEALTH PROGRAM....... 38,413,960 38,303,302
TOTAL OTHER AUTHORIZATIONS......... 42,600,303 42,522,145
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2024 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
ARMY
Alabama
Army Anniston Army Depot ACCESS CONTROL POINT (P&D). 0 5,500
Army Anniston Army Depot COMPONENT REBUILD SHOP 0 8,100
(P&D).
Army Anniston Army Depot OPEN STORAGE (P&D)......... 0 270
Army Anniston Army Depot VEHICLE PAINT SHOP (P&D)... 0 2,900
Army Fort Novosel COST TO COMPLETE: ADV 0 41,200
INDIVIDUAL TRAINING
BARRACKS COMPLEX.
Army Redstone Arsenal SUBSTATION................. 50,000 50,000
Alaska
Army Fort Wainwright COST TO COMPLETE: ENLISTED 34,000 34,000
UNACCOMPANIED PERS HSG.
Army Fort Wainwright SOLDIER PERFORMANCE 0 7,900
READINESS CENTER (P&D).
Florida
Army Camp Bull Simons CHILD DEVELOPMENT CENTER... 0 0
Georgia
Army Fort Eisenhower CYBER INSTRUCTIONAL 163,000 73,000
FACILITY (CLASSROOMS).
Army Fort Moore CAMP MERRILL AST BARRACKS 0 1,320
(P&D).
Army Fort Stewart/Hunter COMBAT AVIATION BRIGADE 0 6,400
Army Airfield GSAB HANGAR (P&D).
Army Fort Stewart/Hunter MILITARY INTELLIGENCE 0 2,220
Army Airfield BATTALION HANGAR (P&D).
Germany
Army Grafenwoehr AUTOMATED MULTIPURPOSE 10,400 10,400
MACHINE GUN RANGE.
Army Hohenfels SIMULATIONS CENTER......... 56,000 56,000
Hawaii
Army Aliamanu Military WATER STORAGE TANK......... 20,000 20,000
Reservation
Army Fort Shafter CLEARWELL AND BOOSTER PUMP. 0 23,000
Army Helemano Military WELLS AND STORAGE TANKS.... 0 33,000
Reservation
Army Schofield Barracks ELEVATED TANK AND 0 16,000
DISTRIBUTION LINES.
Army Schofield Barracks WATER STORAGE TANK......... 0 21,000
Army Wheeler Army Airfield AIR TRAFFIC CONTROL TOWER 0 5,400
(P&D).
Indiana
Army Crane Army Ammunition EARTH COVERED MAGAZINES 0 1,195
Plant (P&D).
Kansas
Army Fort Riley AIR TRAFFIC CONTROL TOWER 0 1,600
(P&D).
Army Fort Riley AIRCRAFT MAINTENANCE HANGER 105,000 105,000
Army Fort Riley BOB DOLE INTERMODAL 0 1,110
RAILYARD IMPROVEMENTS
(P&D).
Kentucky
Army Blue Grass Army Depot SMALL ARMS MODERNIZATION 0 3,300
(P&D).
Army Fort Campbell AIR TRAFFIC CONTROL TOWER 0 2,500
(P&D).
Army Fort Campbell MULTIPURPOSE TRAINING RANGE 38,000 39,000
Kwajalein
Army Kwajalein Atoll COST TO COMPLETE: PIER..... 0 0
Louisiana
Army Fort Johnson MULTIPURPOSE ATHLETIC FIELD 0 13,400
Massachusetts
Army Soldier Systems Center BARRACKS ADDITION.......... 18,500 18,500
Natick
Michigan
Army Detroit Arsenal GROUND TRANSPORT EQUIPMENT 72,000 72,000
BUILDING.
Army Detroit Arsenal MANNED/UNMANNED TACTICAL 0 2,400
VEHICLE LAB (P&D).
New Mexico
Army White Sands Missile J-DETC DIRECTED ENERGY 0 5,500
Range FACILITY (P&D).
New York
Army Watervliet Arsenal TANK FARM (P&D)............ 0 160
North Carolina
Army Fort Liberty AIRCRAFT MAINTENANCE HANGAR 0 61,000
Army Fort Liberty AUTOMATED RECORD FIRE RANGE 19,500 21,000
Army Fort Liberty BARRACKS................... 50,000 50,000
Army Fort Liberty BARRACKS (FACILITY 85,000 85,000
PROTOTYPING).
Army Fort Liberty CHILD DEVELOPMENT CENTER... 0 36,000
Oklahoma
Army McAlester Army WATER TREATMENT PLANT (P&D) 0 1,194
Ammunition Plant
Pennsylvania
Army Letterkenny Army Depot ANECHOIC CHAMBER (P&D)..... 0 275
Army Letterkenny Army Depot GUIDED MISSILE MAINTENANCE 89,000 89,000
BUILDING.
Army Tobyhanna Army Depot HELIPAD (P&D).............. 0 311
Army Tobyhanna Army Depot RADAR MAINTENANCE SHOP 0 259
(P&D).
Poland
Army Various Locations PLANNING & DESIGN.......... 0 25,710
South Carolina
Army Fort Jackson COST TO COMPLETE: RECEPTION 0 66,000
BARRACKS COMPLEX, PHASE 2.
Texas
Army Fort Bliss COLLECTIVE TRAINING 0 8,000
BARRACKS (P&D).
Army Fort Bliss RAIL YARD.................. 74,000 74,000
Army Fort Cavazos BARRACKS (P&D)............. 0 20,000
Army Fort Cavazos TACTICAL EQUIPMENT 0 5,800
MAINTENANCE FACILITIES
(P&D).
Army Red River Army Depot COMPONENT REBUILD SHOP..... 113,000 46,400
Army Red River Army Depot NON-DESTRUCTIVE TESTING 0 280
FACILITY (P&D).
Army Red River Army Depot STANDBY GENERATOR (P&D).... 0 270
Virginia
Army Fort Belvoir EQUINE TRAINING FACILITY 0 4,000
(P&D).
Washington
Army Joint Base Lewis- BARRACKS................... 100,000 100,000
McChord
Army Joint Base Lewis- BARRACKS (P&D)............. 0 7,900
McChord
Army Joint Base Lewis- VEHICLE MAINTENANCE SHOP 0 7,500
McChord (P&D).
Army Yakima Training Center AUTOMATED INFANTRY PLATOON 0 960
BATTLE COURSE (P&D).
Worldwide Unspecified
Army Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 65,000
Locations (P&D).
Army Unspecified Worldwide CHILD DEVELOPMENT CENTER 0 20,000
Locations PLANNING & DESIGN.
Army Unspecified Worldwide COST TO COMPLETE ARMY...... 0 0
Locations
Army Unspecified Worldwide HOST NATION SUPPORT........ 26,000 26,000
Locations
Army Unspecified Worldwide LAB INFRASTRUCTURE PLANNING 0 30,000
Locations & DESIGN.
Army Unspecified Worldwide ORGANIC INDUSTRIAL BASE 0 5,000
Locations PLANNING & DESIGN.
Army Unspecified Worldwide PLANNING & DESIGN.......... 270,875 270,875
Locations
Army Unspecified Worldwide UNSPECIFIED MINOR MILITARY 76,280 86,280
Locations CONSTRUCTION.
Army Unspecified Worldwide UNSPECIFIED MINOR MILITARY 0 15,000
Locations CONSTRUCTION DEMOLITION.
........................
Subtotal Military Construction, Army 1,470,555 1,912,289
......................
NAVY
Arizona
Navy Marine Corps Air WATER TREATMENT PLANT (P&D) 0 8,900
Station Yuma
Australia
Navy Royal Australian Air PDI: AIRCRAFT PARKING APRON 134,624 134,624
Force Base Darwin (INC).
California
Navy Marine Corps Air COMMUNICATIONS TOWERS...... 42,100 42,100
Ground Combat Center
Twentynine Palms
Navy Marine Corps Base Camp FIRE/EMERGENCY RESPONSE 0 2,683
Pendleton STATION (53 AREA)
REPLACEMENT (P&D).
Navy Naval Base Coronado CHILD DEVELOPMENT CENTER 0 6,200
(P&D).
Navy Naval Base San Diego CHILD DEVELOPMENT CENTER 0 5,600
(P&D).
Navy Port Hueneme LABORATORY COMPOUND 110,000 70,000
FACILITIES IMPROVEMENTS.
Connecticut
Navy Naval Submarine Base SUBMARINE PIER 31 EXTENSION 112,518 36,718
New London
Navy Naval Submarine Base WEAPONS MAGAZINE & ORDNANCE 219,200 19,200
New London OPERATIONS FAC..
District of Columbia
Navy Marine Barracks BACHELOR ENLISTED QUARTERS 131,800 16,800
Washington (8th & SUPPORT FACILITY.
Street and I)
Navy Naval Support Activity ELECTROMAGNETIC & CYBER 0 40,000
COUNTERMEASURES LAB (P&D).
Djibouti
Navy Camp Lemonnier ELECTRICAL POWER PLANT..... 0 25,000
Florida
Navy Naval Air Station ADVANCED HELICOPTER 0 50,000
Whiting Field TRAINING SYSTEM HANGAR.
Georgia
Navy Marine Corps Logistics CONSOLIDATED COMMUNICATION 0 64,000
Base Albany FACILITY.
Guam
Navy Andersen Air Force PDI: CHILD DEVELOPMENT 105,220 55,220
Base CENTER.
Navy Andersen Air Force PDI: JOINT CONSOL. COMM. 107,000 107,000
Base CENTER (INC).
Navy Joint Region Marianas PDI: JOINT COMMUNICATION 292,830 31,330
UPGRADE (INC).
Navy Joint Region Marianas PDI: MISSILE INTEGRATION 174,540 56,140
TEST FACILITY.
Navy Naval Base Guam PDI: 9TH ESB TRAINING 23,380 27,536
COMPLEX.
Navy Naval Base Guam PDI: ARTILLERY BATTERY 137,550 137,550
FACILITIES.
Navy Naval Base Guam PDI: CONSOLIDATED MEB HQ/ 19,740 19,740
NCIS PHII.
Navy Naval Base Guam PDI: RECREATION CENTER..... 34,740 34,740
Navy Naval Base Guam PDI: RELIGIOUS MINISTRY 46,350 46,350
SERVICES FACILITY.
Navy Naval Base Guam PDI: SATELLITE 166,159 56,159
COMMUNICATIONS FACILITY
(INC).
Navy Naval Base Guam PDI: TRAINING CENTER....... 89,640 89,640
Hawaii
Navy Joint Base Pearl DRY DOCK 3 REPLACEMENT 1,318,711 1,318,711
Harbor-Hickam (INC).
Navy Joint Base Pearl WASTEWATER TREATMENT PLANT. 0 15,000
Harbor-Hickam
Navy Joint Base Pearl WATERFRONT PRODUCTION 0 60,000
Harbor-Hickam FACILITY (P&D).
Navy Marine Corps Base WATER RECLAMATION FACILITY 0 134,505
Kaneohe Bay COMPLIANCE UPGRADE.
Italy
Navy Naval Air Station EDI: ORDNANCE MAGAZINES.... 77,072 77,072
Sigonella
Maine
Navy Portsmouth Naval MULTI-MISSION DRYDOCK #1 544,808 544,808
Shipyard EXTENSION (INC).
Maryland
Navy Fort Meade CYBERSECURITY OPERATIONS 186,480 60,580
FACILITY.
Navy Naval Air Station AIRCRAFT DEVELOPMENT AND 141,700 58,000
Patuxent River MAINTENANCE FACILITIES.
Navy Naval Support Activity CONSTRUCT JOINT NAVY/DHA 0 3,000
Bethesda FIRE STATION (P&D).
North Carolina
Navy Marine Corps Air 2D LAAD MAINTENANCE AND 0 45,000
Station Cherry Point OPERATIONS FACILITIES.
Navy Marine Corps Air AIRCRAFT MAINTENANCE HANGAR 19,529 19,529
Station Cherry Point (INC).
Navy Marine Corps Air MAINTENANCE FACILITY & 125,150 35,150
Station Cherry Point MARINE AIR GROUP HQS.
Navy Marine Corps Base Camp 10TH MARINES MAINTENANCE & 0 66,270
Lejeune OPERATIONS COMPLEX.
Navy Marine Corps Base Camp AMPHIBIOUS COMBAT VEHICLE 0 32,890
Lejeune SHELTERS.
Navy Marine Corps Base Camp CORROSION REPAIR FACILITY 0 45,000
Lejeune REPLACEMENT.
Pennsylvania
Navy Naval Surface Warfare AI MACHINERY CONTROL 0 65,200
Center Philadelphia DEVELOPMENT CENTER.
Virginia
Navy Dam Neck Annex MARITIME SURVEILLANCE 109,680 23,680
SYSTEM FACILITY.
Navy Joint Expeditionary CHILD DEVELOPMENT CENTER... 35,000 57,000
Base Little Creek--
Fort Story
Navy Marine Corps Base WATER TREATMENT PLANT...... 127,120 37,120
Quantico
Navy Naval Station Norfolk CHILD DEVELOPMENT CENTER... 43,600 47,200
Navy Naval Station Norfolk MQ-25 AIRCRAFT LAYDOWN 114,495 11,495
FACILITIES.
Navy Naval Station Norfolk SUBMARINE PIER 3 (INC)..... 99,077 99,077
Navy Naval Weapons Station WEAPONS MAGAZINES.......... 221,920 46,920
Yorktown
Navy Norfolk Naval Shipyard DRY DOCK SALTWATER SYSTEM 81,082 81,082
FOR CVN-78 (INC).
Washington
Navy Naval Air Station E/A-18G AIRCRAFT REGIONAL 0 11,100
Whidbey Island SERVICE FACILITY (P&D).
Navy Naval Base Kitsap ALTERNATE POWER 0 19,000
TRANSMISSION LINE.
Navy Naval Base Kitsap ARMORED FIGHTING VEHICLE 0 31,000
SUPPORT FACILITY.
Navy Naval Base Kitsap SHIPYARD ELECTRICAL 195,000 15,000
BACKBONE.
Worldwide Unspecified
Navy Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 75,000
Locations (P&D).
Navy Unspecified Worldwide INDOPACOM PLANNING & DESIGN 0 69,000
Locations
Navy Unspecified Worldwide SIOP (P&D)................. 0 50,000
Locations
Navy Unspecified Worldwide CHILD DEVELOPMENT CENTER 0 20,000
Locations PLANNING & DESIGN.
Navy Unspecified Worldwide LAB INFRASTRUCTURE PLANNING 0 30,000
Locations & DESIGN.
Navy Unspecified Worldwide NAVY SHORE UTILITY 0 85,000
Locations INFRASTRUCTURE (P&D).
Navy Unspecified Worldwide PLANNING & DESIGN.......... 599,942 599,942
Locations
Navy Unspecified Worldwide UNSPECIFIED MINOR MILITARY 34,430 44,430
Locations CONSTRUCTION.
Navy Unspecified Worldwide UNSPECIFIED MINOR MILITARY 0 15,000
Locations CONSTRUCTION DEMOLITION.
Navy Unspecified Worldwide USMC MILITARY CONSTRUCTION 0 48,749
Locations PLANNING & DESIGN.
Navy Unspecified Worldwide USMC UNSPECIFIED MINOR 0 30,000
Locations MILITARY CONSTRUCTION.
........................
Subtotal Military Construction, Navy 6,022,187 5,310,740
......................
AIR FORCE
Alaska
Air Force Eielson Air Force Base COAL THAW SHED ADDITION 0 1,500
(P&D).
Air Force Eielson Air Force Base CONSOLIDATED MUNITIONS 0 1,200
COMPLEX (P&D).
Air Force Eielson Air Force Base FIRE STATION (P&D)......... 0 1,700
Air Force Eielson Air Force Base JOINT MOBILITY CENTER 0 3,000
EXPANSION (P&D).
Air Force Eielson Air Force Base JOINT PACIFIC ALASKA RANGE 0 1,400
COMPLEX (JPARC) OPS
FACILITY (P&D).
Air Force Eielson Air Force Base PERMANENT PARTY DORM (P&D). 0 9,500
Air Force Joint Base Elmendorf- COMBAT ALERT CELL (P&D).... 0 18,100
Richardson
Air Force Joint Base Elmendorf- EXTEND RUNWAY 16/34 (INC 3) 107,500 107,500
Richardson
Air Force Joint Base Elmendorf- PRECISION GUIDED MISSILE 0 6,100
Richardson COMPLEX (P&D).
Arizona
Air Force Luke Air Force Base CHILD DEVELOPMENT CENTER 0 2,700
(P&D).
Air Force Luke Air Force Base GILA BEND (P&D)............ 0 2,600
Australia
Air Force Royal Australian Air PDI: SQUADRON OPERATIONS 26,000 26,000
Force Base Darwin FACILITY.
Air Force Royal Australian Air PDI: AIRCRAFT MAINTENANCE 17,500 17,500
Force Base Tindal SUPPORT FACILITY.
Air Force Royal Australian Air PDI: SQUADRON OPERATIONS 20,000 20,000
Force Base Tindal FACILITY.
Air Force Royal Australian Air PDI: BOMBER APRON.......... 93,000 93,000
Force Base Tindal
Florida
Air Force Eglin Air Force Base LRSO HARDWARE SOFTWARE 0 15,500
DEVELOPMENT & TEST
FACILITY.
Air Force MacDill Air Force Base KC-46A ADAL AIRCRAFT 25,000 25,000
CORROSION CONTROL.
Air Force MacDill Air Force Base KC-46A ADAL AIRCRAFT 27,000 27,000
MAINTENANCE HANGAR.
Air Force MacDill Air Force Base KC-46A ADAL APRON & HYDRANT 61,000 61,000
FUELING PITS.
Air Force MacDill Air Force Base KC-46A ADAL FUEL SYSTEM 18,000 18,000
MAINTENANCE DOCK.
Air Force Patrick Space Force COMMERCIAL VEHICLE 15,000 15,000
Base INSPECTION.
Air Force Patrick Space Force COST TO COMPLETE: 15,000 15,000
Base CONSOLIDATED
COMMUNICATIONS CENTER.
Air Force Patrick Space Force FINAL DENIAL BARRIERS, 12,000 12,000
Base SOUTH GATE.
Air Force Tyndall Air Force Base NATURAL DISASTER RECOVERY.. 0 252,000
Georgia
Air Force Robins Air Force Base BATTLE MANAGEMENT COMBINED 115,000 35,000
OPERATIONS COMPLEX.
Guam
Air Force Joint Region Marianas PDI: NORTH AIRCRAFT PARKING 109,000 109,000
RAMP (INC).
Japan
Air Force Kadena Air Base PDI: HELO RESCUE OPS 46,000 46,000
MAINTENANCE HANGAR (INC 3).
Air Force Kadena Air Base PDI: THEATER A/C CORROSION 42,000 42,000
CONTROL CTR (INC).
Louisiana
Air Force Barksdale Air Force CHILD DEVELOPMENT CENTER 0 2,000
Base (P&D).
Air Force Barksdale Air Force DORMITORY (P&D)............ 0 7,000
Base
Air Force Barksdale Air Force WEAPONS GENERATION FACILITY 112,000 112,000
Base (INC 3).
Mariana Islands
Air Force Tinian PDI: AIRFIELD DEVELOPMENT, 26,000 26,000
PHASE 1 (INC 3).
Air Force Tinian PDI: FUEL TANKS W/PIPELINE 20,000 21,000
& HYDRANT (INC 3).
Air Force Tinian PDI: PARKING APRON (INC 3). 32,000 32,000
Massachusetts
Air Force Hanscom Air Force Base CHILD DEVELOPMENT CENTER... 37,000 37,000
Air Force Hanscom Air Force Base MIT-LINCOLN LAB (WEST LAB 70,000 70,000
CSL/MIF) (INC 4).
Mississippi
Air Force Columbus Air Force T-7A GROUND BASED TRAINING 30,000 30,000
Base SYSTEM FACILITY.
Air Force Columbus Air Force T-7A UNIT MAINTENANCE 9,500 9,500
Base TRAINING FACILITY.
Air Force Keesler Air Force Base AIR TRAFFIC CONTROL TOWER 0 2,000
(P&D).
Montana
Air Force Malmstrom Air Force FIRE STATION BAY/STORAGE 0 10,300
Base AREA.
Nebraska
Air Force Offutt Air Force Base 55 CES MAINTENANCE/ 0 4,500
WAREHOUSE (P&D).
Air Force Offutt Air Force Base BASE OPERATIONS/MOBILITY 0 5,000
CENTER (P&D).
Air Force Offutt Air Force Base LOGISTICS READINESS 0 3,500
SQUADRON TRANSPORTATION
FACILITY (P&D).
Nevada
Air Force Nellis Air Force Base DORMITORY (P&D)............ 0 7,500
Air Force Nellis Air Force Base F-35 COALITION HANGAR (P&D) 0 5,500
Air Force Nellis Air Force Base F-35 DATA LAB SUPPORT 0 700
FACILITY (P&D).
New Mexico
Air Force Cannon Air Force Base SATELLITE FIRE STATION 0 5,000
(P&D).
Air Force Kirtland Air Force COST TO COMPLETE: WYOMING 0 0
Base GATE UPGRADE FOR
ANTITERRORISM COMPLIANCE.
Norway
Air Force Rygge Air Station EDI: DABS-FEV STORAGE...... 88,000 96,000
Air Force Rygge Air Station EDI: MUNITIONS STORAGE AREA 31,000 40,000
Ohio
Air Force Wright-Patterson Air ACQUISITION MANAGEMENT 0 19,500
Force Base COMPLEX PHASE V (P&D).
Oklahoma
Air Force Tinker Air Force Base F-35 AIRCRAFT OXYGEN SHOP 0 5,800
(P&D).
Air Force Tinker Air Force Base KC-46 3-BAY DEPOT 78,000 58,000
MAINTENANCE HANGAR (INC 3).
Air Force Vance Air Force Base CONSOLIDATED UNDERGRADUATE 0 8,400
PILOT TRAINING CENTER
(P&D).
Philippines
Air Force Cesar Basa Air Base PDI: TRANSIENT AIRCRAFT 35,000 35,000
PARKING APRON.
South Dakota
Air Force Ellsworth Air Force B-21 FUEL SYSTEM 75,000 75,000
Base MAINTENANCE DOCK.
Air Force Ellsworth Air Force B-21 PHASE HANGAR.......... 160,000 34,000
Base
Air Force Ellsworth Air Force B-21 WEAPONS GENERATION 160,000 160,000
Base FACILITY (INC).
Spain
Air Force Moron Air Base EDI: MUNITIONS STORAGE..... 26,000 34,000
Texas
Air Force Joint Base San Antonio- 91 CYBER OPERATIONS CENTER. 0 48,000
Lackland
Air Force Joint Base San Antonio- BMT - CHAPEL FOR AMERICA'S 0 90,000
Lackland AIRMEN.
Air Force Joint Base San Antonio- CHILD DEVELOPMENT CENTER... 20,000 20,000
Lackland
United Kingdom
Air Force Royal Air Force COST TO COMPLETE: EDI DABS- 0 28,000
Fairford FEV STORAGE.
Air Force Royal Air Force COST TO COMPLETE: EDI 0 20,000
Fairford MUNITIONS HOLDING AREA.
Air Force Royal Air Force EDI: RADR STORAGE FACILITY. 47,000 47,000
Fairford
Air Force Royal Air Force EDI: RADR STORAGE FACILITY. 28,000 28,000
Lakenheath
Air Force Royal Air Force SURETY DORMITORY........... 50,000 50,000
Lakenheath
Utah
Air Force Hill Air Force Base F-35 T-7A EAST CAMPUS 82,000 82,000
INFRASTRUCTURE.
Worldwide Unspecified
Air Force Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 65,000
Locations (P&D).
Air Force Unspecified Worldwide CHILD DEVELOPMENT CENTER 0 20,000
Locations PLANNING & DESIGN.
Air Force Unspecified Worldwide COST TO COMPLETE........... 0 0
Locations
Air Force Unspecified Worldwide EDI: PLANNING & DESIGN..... 5,648 5,648
Locations
Air Force Unspecified Worldwide LAB INFRASTRUCTURE PLANNING 0 30,000
Locations & DESIGN.
Air Force Unspecified Worldwide PLANNING & DESIGN.......... 429,266 429,266
Locations
Air Force Unspecified Worldwide UNSPECIFIED MINOR MILITARY 64,900 74,900
Locations CONSTRUCTION.
Air Force Unspecified Worldwide UNSPECIFIED MINOR MILITARY 0 15,000
Locations CONSTRUCTION DEMOLITION.
Wyoming
Air Force F.E. Warren Air Force COST TO COMPLETE: 0 18,000
Base CONSOLIDATED HELO/TRF OPS/
AMU AND ALERT FACILITY.
Air Force F.E. Warren Air Force GBSD INTEGRATED COMMAND 27,000 27,000
Base CENTER (INC 2).
Air Force F.E. Warren Air Force GBSD INTEGRATED TRAINING 85,000 85,000
Base CENTER.
Air Force F.E. Warren Air Force GBSD MISSILE HANDLING 28,000 28,000
Base COMPLEX (INC 2).
........................
Subtotal Military Construction, Air Force 2,605,314 3,151,314
......................
DEFENSE-WIDE
Alabama
Defense-Wide Redstone Arsenal GROUND TEST FACILITY 147,975 67,975
INFRASTRUCTURE.
California
Defense-Wide Marine Corps Air AMBULATORY CARE CENTER-- 103,000 20,600
Station Miramar DENTAL CLINIC ADD//ALT.
Defense-Wide Marine Corps Air ELECTRICAL INFRASTRUCTURE, 0 30,550
Station Miramar ON-SITE GENERATION, AND
MICROGRID IMPROVEMENTS.
Defense-Wide Monterey COST TO COMPLETE: COGEN 0 5,460
PLANT AT B236.
Defense-Wide Naval Base Coronado COST TO COMPLETE: SOF ATC 0 11,400
OPERATIONS SUPPORT
FACILITY.
Defense-Wide Naval Base Coronado SOF NAVAL SPECIAL WARFARE 0 51,000
COMMAND OPERATIONS SUPPORT
FACILITY PHASE 2.
Defense-Wide Naval Base San Diego AMBULATORY CARE CENTER-- 101,644 22,184
DENTAL CLINIC REPLMT.
Defense-Wide Naval Base San Diego MICROGRID AND BACKUP POWER. 0 6,300
Defense-Wide Naval Base Ventura COST TO COMPLETE: GROUND 0 16,840
County MOUNTED SOLAR PV.
Defense-Wide Vandenberg Space Force MICROGRID WITH BACKUP POWER 0 57,000
Base
Colorado
Defense-Wide Buckley Space Force REDUNDANT ELECTRICAL SUPPLY 0 9,000
Base
Defense-Wide Buckley Space Force REPLACEMENT WATER WELL..... 0 5,700
Base
Cuba
Defense-Wide Naval Station AMBULATORY CARE CENTER (INC 60,000 60,000
Guantanamo Bay 1).
Delaware
Defense-Wide Dover Air Force Base WHOLE BLOOD PROCESSING 0 30,500
LABORATORY REPLACEMENT.
Djibouti
Defense-Wide Camp Lemonnier COST TO COMPLETE: ENHANCE 0 5,200
ENERGY SECURITY AND
CONTROL SYSTEMS.
Georgia
Defense-Wide Fort Moore DEXTER ELEMENTARY SCHOOL 0 500
(P&D).
Defense-Wide Naval Submarine Base ELECTRICAL TRANSMISSION AND 0 49,500
Kings Bay DISTRIBUTION IMPROVEMENTS,
PHASE 2.
Germany
Defense-Wide Baumholder HUMAN PERFORMANCE TRAINING 0 16,700
CENTER.
Defense-Wide Baumholder SOF COMPANY OPERATIONS 41,000 41,000
FACILITY.
Defense-Wide Baumholder SOF JOINT PARACHUTE RIGGING 23,000 23,000
FACILITY.
Defense-Wide Kaiserslautern Air KAISERSLAUTERN MIDDLE 21,275 21,275
Base SCHOOL.
Defense-Wide Ramstein Air Base RAMSTEIN MIDDLE SCHOOL..... 181,764 181,764
Defense-Wide Rhine Ordnance MEDICAL CENTER REPLACEMENT 77,210 77,210
Barracks (INC 11).
Defense-Wide Stuttgart ROBINSON BARRACKS ELEM 8,000 8,000
SCHOOL REPLACEMENT.
Hawaii
Defense-Wide Joint Base Pearl COST TO COMPLETE: FY20 500 0 7,476
Harbor-Hickam KW PV COVERED PARKING EV
CHARGING STATION.
Defense-Wide Joint Base Pearl COST TO COMPLETE: PRIMARY 0 13,040
Harbor-Hickam ELECTRICAL DISTRIBUTION.
Honduras
Defense-Wide Soto Cano Air Base FUEL FACILITIES............ 41,300 41,300
Italy
Defense-Wide Naples COST TO COMPLETE: SMART 0 7,610
GRID.
Japan
Defense-Wide Fleet Activities KINNICK HIGH SCHOOL (INC).. 70,000 70,000
Yokosuka
Defense-Wide Kadena Air Base PDI SOF MAINTENANCE HANGAR. 88,900 88,900
Defense-Wide Kadena Air Base PDI: SOF COMPOSITE 11,400 11,400
MAINTENANCE FACILITY.
Kansas
Defense-Wide Forbes Field MICROGRID AND BACKUP POWER. 0 5,850
Defense-Wide Fort Riley COST TO COMPLETE: POWER 0 15,468
GENERATION AND MICROGRID.
Kentucky
Defense-Wide Fort Knox MIDDLE SCHOOL ADDITION 0 6,600
(P&D).
Korea
Defense-Wide K-16 Air Base K-16 EMERGENCY BACKUP POWER 0 5,650
Kuwait
Defense-Wide Camp Arifjan COST TO COMPLETE: POWER 0 8,197
GENERATION AND MICROGRID.
Defense-Wide Camp Buehring MICROGRID AND BACKUP POWER. 0 18,850
Louisiana
Defense-Wide Naval Air Station COST TO COMPLETE: 0 6,453
Joint Reserve Base DISTRIBUTION SWITCHGEAR.
New Orleans
Maryland
Defense-Wide Bethesda Naval MEDICAL CENTER ADDITION/ 101,816 101,816
Hospital ALTERATION (INC 7).
Defense-Wide Fort Meade NSAW MISSION OPS AND 105,000 105,000
RECORDS CENTER (INC).
Defense-Wide Fort Meade NSAW RECAP BUILDING 4 (INC) 315,000 315,000
Defense-Wide Fort Meade NSAW RECAP BUILDING 5 (ECB 65,000 65,000
5) (INC).
Defense-Wide Joint Base Andrews HYDRANT FUELING SYSTEM..... 38,300 38,300
Missouri
Defense-Wide Lake City Army MICROGRID AND BACKUP POWER. 0 80,100
Ammunition Plant
Montana
Defense-Wide Great Falls FUEL FACILITIES............ 30,000 30,000
International Airport
Nebraska
Defense-Wide Offutt Air Force Base DEFENSE POW/MIA 0 5,000
ACCOUNTABILITY AGENCY
LABORATORY (P&D).
Defense-Wide Offutt Air Force Base MICROGRID AND BACKUP POWER. 0 41,000
North Carolina
Defense-Wide Fort Liberty (Camp MICROGRID AND BACKUP POWER. 0 10,500
Mackall)
Defense-Wide Marine Corps Base Camp MARINE RAIDER BATTALION 0 70,000
Lejeune OPERATIONS FACILITY.
Oklahoma
Defense-Wide Fort Sill MICROGRID AND BACKUP POWER. 0 76,650
Pennsylvania
Defense-Wide Fort Indiantown Gap COST TO COMPLETE: 0 9,250
GEOTHERMAL AND SOLAR PV.
Puerto Rico
Defense-Wide Fort Buchanan MICROGRID AND BACKUP POWER. 0 56,000
Defense-Wide Juana Diaz COST TO COMPLETE: MICROGRID 0 7,680
CONTROLS, 690 KW PV, 275KW
GEN, 570 KWH BESS.
Defense-Wide Ramey COST TO COMPLETE: MICROGRID 0 6,360
CONTROL SYSTEM, 460 KW PV,
275KW GEN, 660 KWH BESS.
Spain
Defense-Wide Naval Station Rota BULK TANK FARM, PHASE 1.... 80,000 80,000
Texas
Defense-Wide Fort Cavazos COST TO COMPLETE: POWER 0 18,900
GENERATION AND MICROGRID.
Defense-Wide Fort Cavazos MICROGRID AND BACKUP POWER. 0 18,250
Utah
Defense-Wide Hill Air Force Base OPEN STORAGE............... 14,200 14,200
Virginia
Defense-Wide Fort Belvoir DIA HEADQUARTERS ANNEX..... 185,000 25,000
Defense-Wide Fort Belvoir (NGA COST TO COMPLETE: CHILLED 0 550
Campus East) WATER REDUNDANCY.
Defense-Wide Hampton Roads COST TO COMPLETE: BACKUP 0 1,200
POWER GENERATION.
Defense-Wide Joint Expeditionary SOF SDVT2 OPERATIONS 61,000 61,000
Base Little Creek-- SUPPORT FACILITY.
Fort Story
Defense-Wide Pentagon HVAC EFFICIENCY UPGRADES... 0 2,250
Defense-Wide Pentagon SEC OPS AND PEDESTRIAN 30,600 30,600
ACCESS FACS.
Washington
Defense-Wide Joint Base Lewis- POWER GENERATION AND 0 49,850
McChord MICROGRID.
Defense-Wide Joint Base Lewis- SOF CONSOLIDATED RIGGING 62,000 62,000
McChord FACILITY.
Defense-Wide Manchester BULK STORAGE TANKS, PHASE 2 71,000 71,000
Defense-Wide Naval Undersea Warfare SOF COLD WATER TRAINING 0 37,000
Center Keyport AUSTERE ENVIRONMENT
FACILITY.
Worldwide Unspecified
Defense-Wide Unspecified Worldwide INDOPACOM MILITARY 0 150,000
Locations CONSTRUCTION PILOT PROGRAM.
Defense-Wide Unspecified Worldwide INDOPACOM UNSPECIFIED MINOR 0 62,000
Locations MILITARY CONSTRUCTION.
Defense-Wide Unspecified Worldwide ENERGY RESILIENCE AND 548,000 0
Locations CONSERV. INVEST. PROG..
Defense-Wide Unspecified Worldwide ERCIP PLANNING & DESIGN.... 86,250 101,250
Locations
Defense-Wide Unspecified Worldwide EXERCISE RELATED MINOR 11,107 21,472
Locations CONSTRUCTION.
Defense-Wide Unspecified Worldwide PLANNING & DESIGN 30,215 30,215
Locations (CYBERCOM).
Defense-Wide Unspecified Worldwide PLANNING & DESIGN (DEFENSE- 32,579 32,579
Locations WIDE).
Defense-Wide Unspecified Worldwide PLANNING & DESIGN (DHA).... 49,610 49,610
Locations
Defense-Wide Unspecified Worldwide PLANNING & DESIGN (DLA).... 24,000 24,000
Locations
Defense-Wide Unspecified Worldwide PLANNING & DESIGN (DODEA).. 8,568 8,568
Locations
Defense-Wide Unspecified Worldwide PLANNING & DESIGN (MDA).... 1,035 21,035
Locations
Defense-Wide Unspecified Worldwide PLANNING & DESIGN (NSA).... 3,068 3,068
Locations
Defense-Wide Unspecified Worldwide PLANNING & DESIGN (SOCOM).. 25,130 25,130
Locations
Defense-Wide Unspecified Worldwide PLANNING & DESIGN (TJS).... 2,000 2,000
Locations
Defense-Wide Unspecified Worldwide PLANNING & DESIGN (WHS).... 590 590
Locations
Defense-Wide Unspecified Worldwide UNSPECIFIED MINOR MILITARY 3,000 3,000
Locations CONSTRUCTION (DEFENSE-
WIDE).
Defense-Wide Unspecified Worldwide UNSPECIFIED MINOR MILITARY 19,271 19,271
Locations CONSTRUCTION (SOCOM).
Defense-Wide Unspecified Worldwide UNSPECIFIED MINOR MILITARY 4,875 4,875
Locations CONSTRUCTION (DLA).
Wyoming
Defense-Wide F.E. Warren Air Force MICROGRID AND BATTERY 0 25,000
Base STORAGE.
........................
Subtotal Military Construction, Defense-Wide 2,984,682 3,198,571
......................
ARMY NATIONAL GUARD
Alabama
Army National Guard Fort McClellan COST TO COMPLETE: ENLISTED 0 7,000
BARRACKS, TT.
Army National Guard Huntsville COST TO COMPLETE: NATIONAL 0 4,650
GUARD READINESS CENTER.
Arizona
Army National Guard Surprise Readiness NATIONAL GUARD READINESS 15,000 15,000
Center CENTER.
Arkansas
Army National Guard Fort Chaffee COST TO COMPLETE: NATIONAL 0 610
GUARD READINESS CENTER.
California
Army National Guard Bakersfield COST TO COMPLETE: VEHICLE 0 1,000
MAINTENANCE SHOP.
Army National Guard Camp Roberts COST TO COMPLETE: AUTOMATED 0 5,000
MULTIPURPOSE MACHINE GUN
(MPMG) RANGE.
Colorado
Army National Guard Peterson Space Force COST TO COMPLETE: NATIONAL 0 3,000
Base GUARD READINESS CENTER.
Connecticut
Army National Guard Putnam COST TO COMPLETE: NATIONAL 0 6,125
GUARD READINESS CENTER.
Florida
Army National Guard Camp Blanding MULTIPURPOSE MACHINE GUN 0 11,000
RANGE.
Army National Guard Camp Blanding TRAINING AIDS CENTER (P&D). 0 1,200
Army National Guard Camp Blanding WEDGE INFANTRY SQUAD BATTLE 0 840
COURSE (P&D).
Guam
Army National Guard Barrigada COST TO COMPLETE: NATIONAL 0 6,900
GUARD READINESS CENTER.
Idaho
Army National Guard Jerome County Regional COST TO COMPLETE: NATIONAL 0 1,250
Site GUARD READINESS CENTER.
Army National Guard Jerome County Regional NATIONAL GUARD VEHICLE 17,000 17,000
Site MAINTENANCE SHOP.
Illinois
Army National Guard Bloomington COST TO COMPLETE: NATIONAL 0 5,250
GUARD VEHICLE MAINTENANCE
SHOP.
Army National Guard Chicago, Jones Armory GENERAL JONES NATIONAL 0 5,000
GUARD READINESS CENTER
ALTERATION (P&D).
Army National Guard North Riverside Armory NATIONAL GUARD VEHICLE 24,000 24,000
MAINTENANCE SHOP.
Army National Guard Peoria READINESS CENTER (P&D)..... 0 2,400
Indiana
Army National Guard Shelbyville COST TO COMPLETE: NATIONAL 0 5,000
GUARD READINESS CENTER ADD/
ALT.
Kansas
Army National Guard Topeka COST TO COMPLETE: NATIONAL 0 5,856
GUARD/RESERVE CENTER
BUILDING.
Kentucky
Army National Guard Burlington VEHICLE MAINTENANCE SHOP... 0 16,400
Army National Guard Frankfort COST TO COMPLETE: NATIONAL 0 2,000
GUARD/RESERVE CENTER
BUILDING.
Louisiana
Army National Guard Camp Beauregard COLLECTIVE TRAINING 0 2,400
UNACCOMPANIED HOUSING OPEN-
BAY (P&D).
Army National Guard Camp Beauregard COST TO COMPLETE: NATIONAL 0 2,000
GUARD READINESS CENTER.
Army National Guard Camp Minden COST TO COMPLETE: 0 3,718
COLLECTIVE TRAINING
UNACCOMPANIED HOUSING,
OPEN BAY.
Maine
Army National Guard Northern Maine Range AUTOMATED MULTIPURPOSE 0 2,800
Complex MACHINE GUN RANGE (P&D).
Army National Guard Saco COST TO COMPLETE: NATIONAL 0 7,420
GUARD VEHICLE MAINTENANCE
SHOP.
Massachusetts
Army National Guard Camp Edwards COST TO COMPLETE: AUTOMATED 0 0
MULTIPURPOSE MACHINE GUN
(MPMG) RANGE.
Minnesota
Army National Guard Camp Ripley ACCESS CONTROL FACILITY 0 1,530
(P&D).
Mississippi
Army National Guard Camp Shelby CAMP SHELBY JFTC RAILHEAD 0 2,200
EXPANSION (P&D).
Army National Guard Camp Shelby COST TO COMPLETE: MANEUVER 0 5,425
AREA TRAINING EQUIPMENT
SITE ADDITION.
Army National Guard Meridian ARMY AVIATION SUPPORT 0 2,160
FACILITY 3 (P&D).
Army National Guard Southaven Readiness NATIONAL GUARD READINESS 0 33,000
Center CENTER.
Missouri
Army National Guard Bellefontaine NATIONAL GUARD READINESS 28,000 28,000
CENTER.
Nebraska
Army National Guard Bellevue COST TO COMPLETE: NATIONAL 0 9,090
GUARD READINESS CENTER.
Army National Guard Greenlief Training COLLECTIVE TRAINING 0 1,200
Site UNACCOMPANIED HOUSING OPEN-
BAY (P&D).
Army National Guard Mead Training Site COST TO COMPLETE: 0 1,913
COLLECTIVE TRAINING
UNACCOMPANIED HOUSING,
OPEN BAY.
Army National Guard North Platte COST TO COMPLETE: NATIONAL 0 400
GUARD VEHICLE MAINTENANCE
SHOP.
Nevada
Army National Guard Floyd Edsall Training COMBINED SUPPORT 0 2,700
Center MAINTENANCE SHOP (P&D).
Army National Guard Floyd Edsall Training GENERAL INSTRUCTION 0 5,490
Center FACILITY (P&D).
Army National Guard Harry Reid Training READY BUILDING (P&D)....... 0 590
Center
New Hampshire
Army National Guard Concord COST TO COMPLETE: NATIONAL 0 200
GUARD READINESS CENTER.
Army National Guard Littleton NATIONAL GUARD VEHICLE 23,000 23,000
MAINTENANCE SHOP ADDITION.
New Jersey
Army National Guard Joint Base McGuire-Dix- COST TO COMPLETE: NATIONAL 0 605
Lakehurst GUARD READINESS CENTER.
Army National Guard Newark NATIONAL GUARD READINESS 0 1,900
CENTER (P&D).
New Mexico
Army National Guard Rio Rancho Training NATIONAL GUARD VEHICLE 11,000 11,000
Site MAINTENANCE SHOP ADDITION.
New York
Army National Guard Lexington Avenue NATIONAL GUARD READINESS 0 70,000
Armory CENTER ADDITION/ALTERATION.
North Carolina
Army National Guard Salisbury ARMY AVIATION SUPPORT 0 2,200
FACILITIES (P&D).
North Dakota
Army National Guard Camp Grafton INSTITUTIONAL POST-INITIAL 0 1,950
MILITARY TRAINING,
UNACCOMPANIED HOUSING
(P&D).
Army National Guard Dickinson COST TO COMPLETE: NATIONAL 0 5,425
GUARD READINESS CENTER.
Ohio
Army National Guard Camp Perry Joint NATIONAL GUARD READINESS 19,200 19,200
Training Center CENTER.
Army National Guard Columbus COST TO COMPLETE: NATIONAL 0 4,000
GUARD READINESS CENTER.
Oklahoma
Army National Guard Ardmore COST TO COMPLETE: VEHICLE 0 400
MAINTENANCE SHOP.
Army National Guard Shawnee Readiness NATIONAL GUARD READINESS 0 1,800
Center CENTER (P&D).
Oregon
Army National Guard Washington County NATIONAL GUARD READINESS 26,000 26,000
Readiness Center CENTER.
Pennsylvania
Army National Guard Fort Indiantown Gap AUTOMATED MULTIPURPOSE 0 1,550
MACHINE GUN RANGE (P&D).
Army National Guard Hermitage Readiness NATIONAL GUARD READINESS 13,600 13,600
Center CENTER.
Army National Guard Moon Township COST TO COMPLETE: COMBINED 0 3,100
SUPPORT MAINTENANCE SHOP.
Puerto Rico
Army National Guard Fort Allen COST TO COMPLETE: NATIONAL 0 3,677
GUARD READINESS CENTER.
Rhode Island
Army National Guard Camp Fogarty Training COLLECTIVE TRAINING 0 1,990
Site UNACCOMPANIED HOUSING OPEN-
BAY (P&D).
Army National Guard Quonset Point NATIONAL GUARD READINESS 0 41,000
CENTER.
South Carolina
Army National Guard Aiken County Readiness NATIONAL GUARD READINESS 20,000 20,000
Center CENTER.
Army National Guard Joint Base Charleston COST TO COMPLETE: NATIONAL 0 4,373
GUARD READINESS CENTER.
Army National Guard McCrady Training AUTOMATED MULTIPURPOSE 7,900 7,900
Center MACHINE GUN RANGE.
South Dakota
Army National Guard Sioux Falls COST TO COMPLETE: NATIONAL 0 5,250
GUARD READINESS CENTER.
Tennessee
Army National Guard Campbell Army Air ARMY AIR TRAFFIC CONTROL 0 2,500
Field TOWERS (P&D).
Army National Guard McMinnville COST TO COMPLETE: NATIONAL 0 500
GUARD READINESS CENTER.
Texas
Army National Guard Fort Cavazos GENERAL PURPOSE INSTRUCTION 0 2,685
BUILDING (P&D).
Army National Guard Fort Worth COST TO COMPLETE: AIRCRAFT 0 6,489
MAINTENANCE HANGAR ADD/ALT.
Army National Guard Fort Worth COST TO COMPLETE: NATIONAL 0 381
GUARD VEHICLE MAINTENANCE
SHOP.
Utah
Army National Guard Camp Williams COLLECTIVE TRAINING 0 2,875
UNACCOMPANIED HOUSING,
SENIOR NCO AND OFFICER
(P&D).
Vermont
Army National Guard Bennington COST TO COMPLETE: NATIONAL 0 3,415
GUARD READINESS CENTER.
Virgin Islands
Army National Guard St. Croix COST TO COMPLETE: ARMY 0 4,200
AVIATION SUPPORT FACILITY.
Army National Guard St. Croix COST TO COMPLETE: READY 0 1,710
BUILDING.
Virginia
Army National Guard Sandston Rc & FMS 1 AIRCRAFT MAINTENANCE HANGAR 20,000 20,000
Army National Guard Troutville COST TO COMPLETE: COMBINED 0 2,415
SUPPORT MAINTENANCE SHOP
ADDITION.
Army National Guard Troutville COST TO COMPLETE: NATIONAL 0 2,135
GUARD READINESS CENTER
ADDITION.
Washington
Army National Guard Camp Murray NATIONAL GUARD/RESERVE 0 3,600
CENTER (P&D).
West Virginia
Army National Guard Bluefield NATIONAL GUARD READINESS 0 1,950
CENTER (P&D).
Army National Guard Charleston NATIONAL GUARD READINESS 0 4,800
CENTER (P&D).
Army National Guard Parkersburg NATIONAL GUARD READINESS 0 3,300
CENTER (P&D).
Wisconsin
Army National Guard Viroqua NATIONAL GUARD READINESS 18,200 18,200
CENTER.
Worldwide Unspecified
Army National Guard Unspecified Worldwide COST TO COMPLETE ARMY 0 0
Locations NATIONAL GUARD.
Army National Guard Unspecified Worldwide PLANNING & DESIGN.......... 34,286 34,286
Locations
Army National Guard Unspecified Worldwide UNSPECIFIED MINOR MILITARY 63,000 73,000
Locations CONSTRUCTION.
Army National Guard Unspecified Worldwide UNSPECIFIED MINOR MILITARY 0 15,000
Locations CONSTRUCTION DEMOLITION.
........................
Subtotal Military Construction, Army National Guard 340,186 732,078
......................
ARMY RESERVE
Alabama
Army Reserve Birmingham ARMY RESERVE CENTER/AMSA/ 57,000 57,000
LAND.
Arizona
Army Reserve San Tan Valley AREA MAINTENANCE SUPPORT 12,000 17,000
ACTIVITY.
California
Army Reserve Marine Corps Base Camp COST TO COMPLETE: AREA 0 3,000
Pendleton MAINTENANCE SUPPORT
ACTIVITY.
Army Reserve Fort Hunter Liggett NETWORK ENTERPRISE CENTER.. 0 40,000
Florida
Army Reserve Perrine COST TO COMPLETE: ARMY 0 3,000
RESERVE CENTER.
Georgia
Army Reserve Marine Corps Logistics ARMY RESERVE CENTER........ 0 40,000
Base Albany
North Carolina
Army Reserve Asheville COST TO COMPLETE: ARMY 0 12,000
RESERVE CENTER.
Ohio
Army Reserve Wright Patterson Air COST TO COMPLETE: ARMY 0 5,000
Force Base RESERVE CENTER.
Virginia
Army Reserve Richmond ARMY RESERVE CENTER (P&D).. 0 4,000
Worldwide Unspecified
Army Reserve Unspecified Worldwide COST TO COMPLETE ARMY 0 0
Locations RESERVE.
Army Reserve Unspecified Worldwide PLANNING & DESIGN.......... 23,389 23,389
Locations
Army Reserve Unspecified Worldwide UNSPECIFIED MINOR MILITARY 14,687 24,687
Locations CONSTRUCTION.
Army Reserve Unspecified Worldwide UNSPECIFIED MINOR MILITARY 0 5,000
Locations CONSTRUCTION DEMOLITION.
........................
Subtotal Military Construction, Army Reserve 107,076 234,076
......................
NAVY RESERVE & MARINE CORPS RESERVE
Michigan
Navy Reserve & Marine Corps Naval Reserve Center ORGANIC SUPPLY FACILITIES.. 24,549 24,549
Reserve Battle Creek
Virginia
Navy Reserve & Marine Corps Marine Forces Reserve G/ATOR SUPPORT FACILITIES.. 12,400 12,400
Reserve Dam Neck Virginia
Beach
Worldwide Unspecified
Navy Reserve & Marine Corps Unspecified Worldwide MCNR PLANNING & DESIGN..... 6,495 6,495
Reserve Locations
Navy Reserve & Marine Corps Unspecified Worldwide MCNR UNSPECIFIED MINOR 7,847 17,847
Reserve Locations MILITARY CONSTRUCTION.
Navy Reserve & Marine Corps Unspecified Worldwide UNSPECIFIED MINOR MILITARY 0 5,000
Reserve Locations CONSTRUCTION DEMOLITION.
........................
Subtotal Military Construction, Navy Reserve & Marine Corps Reserve 51,291 66,291
......................
AIR NATIONAL GUARD
Alabama
Air National Guard Montgomery Regional F-35 ADAL SQ OPS BLDG 1303. 7,000 7,000
Airport
Alaska
Air National Guard Eielson Air Force Base AMC STANDARD DUAL BAY 0 5,000
HANGAR (P&D).
Air National Guard Joint Base Elmendorf- ADAL ALERT CREW FACILITY 0 7,000
Richardson HGR 18.
Air National Guard Joint Base Elmendorf- HC-130J SIMULATOR FACILITY 0 2,000
Richardson (P&D).
Arizona
Air National Guard Tucson International MCCA: AIRCRAFT ARRESTING 11,600 11,600
Airport SYSTEM (NEW RWY).
Arkansas
Air National Guard Ebbing Air National 3-BAY HANGAR............... 0 54,000
Guard Base
Air National Guard Ebbing Air National AIRCREW FLIGHT EQUIPMENT/ 0 0
Guard Base STEP.
Air National Guard Ebbing Air National SPECIAL ACCESS PROGRAM 0 21,989
Guard Base FACILITY.
Colorado
Air National Guard Buckley Space Force AIRCRAFT CORROSION CONTROL. 12,000 12,000
Base
Florida
Air National Guard Jacksonville F-35 MUNITIONS STORAGE AREA 0 600
International Airport ADMIN (P&D).
Indiana
Air National Guard Fort Wayne FIRE STATION............... 8,900 8,900
International Airport
Maine
Air National Guard Bangor International REPAIR HANGAR ACCESS APRON 0 1,450
Airport (LIGHT DUTY RAMP) (P&D).
Air National Guard Bangor International REPAIR WHISKEY APRON (P&D). 0 704
Airport
Mississippi
Air National Guard Jackson International COST TO COMPLETE: 172ND 0 8,000
Airport AIRLIFT WING FIRE/CRASH
RESCUE STATION.
Missouri
Air National Guard Rosecrans Air National 139TH AIRLIFT WING ENTRY 0 2,000
Guard Base CONTROL POINT (P&D).
Air National Guard Rosecrans Air National ENTRY CONTROL POINT (P&D).. 0 0
Guard Base
New Jersey
Air National Guard Atlantic City CONSOLIDATED DINING, 0 2,000
International Airport SERVICES, AND FITNESS
CENTER (P&D).
Air National Guard Atlantic City F-16 MISSION TRAINING 0 1,100
International Airport CENTER (P&D).
Oregon
Air National Guard Portland International SPECIAL TACTICS COMPLEX, 22,000 23,000
Airport PHASE 1.
Air National Guard Portland International SPECIAL TACTICS COMPLEX, 18,500 21,000
Airport PHASE 2.
Air National Guard Portland International SPECIAL TACTICS COMPLEX, 0 24,000
Airport PHASE 3.
Air National Guard Portland International SPECIAL TACTICS COMPLEX, 0 11,000
Airport PHASE 4.
Pennsylvania
Air National Guard Harrisburg ENTRY CONTROL FACILITY..... 0 8,000
International Airport
Wisconsin
Air National Guard Truax Field F-35: MM&I FAC, B701....... 0 5,200
Air National Guard Volk Air National FIRE/CRASH RESCUE STATION 0 0
Guard Base (P&D).
Worldwide Unspecified
Air National Guard Unspecified Worldwide PLANNING & DESIGN.......... 35,600 35,600
Locations
Air National Guard Unspecified Worldwide UNSPECIFIED MINOR MILITARY 63,122 73,122
Locations CONSTRUCTION.
Air National Guard Unspecified Worldwide UNSPECIFIED MINOR MILITARY 0 15,000
Locations CONSTRUCTION DEMOLITION.
........................
Subtotal Military Construction, Air National Guard 178,722 361,265
......................
AIR FORCE RESERVE
Arizona
Air Force Reserve Davis-Monthan Air GUARDIAN ANGEL POTFF 0 8,500
Force Base FACILITY.
California
Air Force Reserve March Air Reserve Base KC-46 ADD/ALTER B1244 FUT/ 17,000 17,000
CARGO PALLET STORAGE.
Air Force Reserve March Air Reserve Base KC-46 ADD/ALTER B6000 8,500 8,500
SIMULATOR FACILITY.
Air Force Reserve March Air Reserve Base KC-46 TWO BAY MAINTENANCE/ 201,000 201,000
FUEL HANGAR.
Georgia
Air Force Reserve Dobbins Air Reserve SECURITY FORCES FACILITY... 0 22,000
Base
Guam
Air Force Reserve Joint Region Marianas AERIAL PORT FACILITY....... 27,000 27,000
Louisiana
Air Force Reserve Barksdale Air Force 307 BW MEDICAL FACILITY 0 7,000
Base ADDITION.
Ohio
Air Force Reserve Youngstown Air Reserve FIRE STATION (P&D)......... 0 2,500
Station
Texas
Air Force Reserve Naval Air Station LRS WAREHOUSE.............. 16,000 16,000
Joint Reserve Base
Fort Worth
Worldwide Unspecified
Air Force Reserve Unspecified Worldwide PLANNING & DESIGN.......... 12,146 12,146
Locations
Air Force Reserve Unspecified Worldwide UNSPECIFIED MINOR MILITARY 9,926 19,926
Locations CONSTRUCTION.
Air Force Reserve Unspecified Worldwide UNSPECIFIED MINOR MILITARY 0 5,000
Locations CONSTRUCTION DEMOLITION.
........................
Subtotal Military Construction, Air Force Reserve 291,572 346,572
......................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
NATO NATO Security NATO SECURITY INVESTMENT 293,434 343,434
Investment Program PROGRAM.
........................
Subtotal NATO Security Investment Program 293,434 343,434
......................
TOTAL MILITARY CONSTRUCTION 14,345,019 15,656,630
......................
FAMILY HOUSING
FAMILY HOUSING CONSTRUCTION, ARMY
Georgia
Fam Hsg Con, Army Fort Eisenhower FORT EISENHOWER MHPI EQUITY 50,000 50,000
INVESTMENT.
Germany
Fam Hsg Con, Army Baumholder FAMILY HOUSING NEW 78,746 90,135
CONSTRUCTION.
Kwajalein
Fam Hsg Con, Army Kwajalein Atoll FAMILY HOUSING REPLACEMENT 98,600 98,600
CONSTRUCTION.
Missouri
Fam Hsg Con, Army Fort Leonard Wood FORT LEONARD WOOD MHPI 50,000 50,000
EQUITY INVESTMENT.
Worldwide Unspecified
Fam Hsg Con, Army Unspecified Worldwide FAMILY HOUSING P&D......... 27,549 27,549
Locations
........................
Subtotal Family Housing Construction, Army 304,895 316,284
......................
FAMILY HOUSING O&M, ARMY
Worldwide Unspecified
Fam Hsg O&M, Army Unspecified Worldwide FURNISHINGS................ 12,121 12,121
Locations
Fam Hsg O&M, Army Unspecified Worldwide HOUSING PRIVATIZATION 86,019 86,019
Locations SUPPORT.
Fam Hsg O&M, Army Unspecified Worldwide LEASING.................... 112,976 112,976
Locations
Fam Hsg O&M, Army Unspecified Worldwide MAINTENANCE................ 86,706 86,706
Locations
Fam Hsg O&M, Army Unspecified Worldwide MANAGEMENT................. 41,121 41,121
Locations
Fam Hsg O&M, Army Unspecified Worldwide MISCELLANEOUS.............. 554 554
Locations
Fam Hsg O&M, Army Unspecified Worldwide SERVICES................... 7,037 7,037
Locations
Fam Hsg O&M, Army Unspecified Worldwide UTILITIES.................. 38,951 38,951
Locations
........................
Subtotal Family Housing Operation And Maintenance, Army 385,485 385,485
......................
FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
Guam
Fam Hsg Con, Navy & Marine Joint Region Marianas REPLACE ANDERSEN HOUSING 83,126 83,126
Corps (AF), PHASE 7.
Fam Hsg Con, Navy & Marine Joint Region Marianas REPLACE ANDERSEN HOUSING, 121,906 121,906
Corps PHASE 8.
Worldwide Unspecified
Fam Hsg Con, Navy & Marine Unspecified Worldwide DESIGN, WASHINGTON DC...... 4,782 4,782
Corps Locations
Fam Hsg Con, Navy & Marine Unspecified Worldwide IMPROVEMENTS, WASHINGTON DC 57,740 57,740
Corps Locations
Fam Hsg Con, Navy & Marine Unspecified Worldwide USMC DPRI/GUAM PLANNING & 9,588 9,588
Corps Locations DESIGN.
........................
Subtotal Family Housing Construction, Navy & Marine Corps 277,142 277,142
......................
FAMILY HOUSING O&M, NAVY & MARINE CORPS
Worldwide Unspecified
Fam Hsg O&M, Navy & Marine Unspecified Worldwide FURNISHINGS................ 17,744 17,744
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide HOUSING PRIVATIZATION 65,655 65,655
Corps Locations SUPPORT.
Fam Hsg O&M, Navy & Marine Unspecified Worldwide LEASING.................... 60,214 60,214
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide MAINTENANCE................ 101,356 101,356
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide MANAGEMENT................. 61,896 61,896
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide MISCELLANEOUS.............. 419 419
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide SERVICES................... 13,250 13,250
Corps Locations
Fam Hsg O&M, Navy & Marine Unspecified Worldwide UTILITIES.................. 43,320 43,320
Corps Locations
........................
Subtotal Family Housing Operation & Maintenance, Navy & Marine Corps 363,854 363,854
......................
FAMILY HOUSING CONSTRUCTION, AIR FORCE
Alabama
Fam Hsg Con, Air Force Maxwell Air Force Base MHPI RESTRUCTURE-AETC GROUP 65,000 65,000
II.
Colorado
Fam Hsg Con, Air Force U.S. Air Force Academy CONSTRUCTION IMPROVEMENT-- 9,282 9,282
CARLTON HOUSE.
Hawaii
Fam Hsg Con, Air Force Joint Base Pearl MHPI RESTRUCTURE-JOINT BASE 75,000 75,000
Harbor-Hickam PEARL HARBOR-HICKAM.
Japan
Fam Hsg Con, Air Force Yokota Air Base IMPROVE FAMILY HOUSING PAIP 0 27,000
9, PHASE 1 (24 UNITS).
Mississippi
Fam Hsg Con, Air Force Keesler Air Force Base MHPI RESTRUCTURE-SOUTHERN 80,000 80,000
GROUP.
Worldwide Unspecified
Fam Hsg Con, Air Force Unspecified Worldwide PLANNING & DESIGN.......... 7,815 7,815
Locations
........................
Subtotal Family Housing Construction, Air Force 237,097 264,097
......................
FAMILY HOUSING O&M, AIR FORCE
Worldwide Unspecified
Fam Hsg O&M, Air Force Unspecified Worldwide FURNISHINGS................ 12,884 23,884
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide HOUSING PRIVATIZATION 31,803 31,803
Locations SUPPORT.
Fam Hsg O&M, Air Force Unspecified Worldwide LEASING.................... 5,143 5,143
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide MAINTENANCE................ 135,410 124,410
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide MANAGEMENT................. 68,023 68,023
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide MISCELLANEOUS.............. 2,377 2,377
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide SERVICES................... 10,692 10,692
Locations
Fam Hsg O&M, Air Force Unspecified Worldwide UTILITIES.................. 48,054 48,054
Locations
........................
Subtotal Family Housing Operation And Maintenance, Air Force 314,386 314,386
......................
FAMILY HOUSING O&M, DEFENSE-WIDE
Worldwide Unspecified
Fam Hsg O&M, Defense-Wide Unspecified Worldwide FURNISHINGS................ 673 673
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide FURNISHINGS................ 89 89
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide LEASING.................... 32,042 32,042
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide LEASING.................... 13,658 13,658
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide MAINTENANCE................ 35 35
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide UTILITIES.................. 4,273 4,273
Locations
Fam Hsg O&M, Defense-Wide Unspecified Worldwide UTILITIES.................. 15 15
Locations
........................
Subtotal Family Housing Operation And Maintenance, Defense-Wide 50,785 50,785
......................
FAMILY HOUSING IMPROVEMENT FUND
Worldwide Unspecified
Family Housing Improvement Unspecified Worldwide ADMINISTRATIVE EXPENSES-- 6,611 6,611
Fund Locations FHIF.
........................
Subtotal Family Housing Improvement Fund 6,611 6,611
......................
UNACCOMPANIED HOUSING IMPROVEMENT FUND
Worldwide Unspecified
Unaccompanied Housing Unspecified Worldwide ADMINISTRATIVE EXPENSES-- 496 496
Improvement Fund Locations UHIF.
........................
Subtotal Unaccompanied Housing Improvement Fund 496 496
......................
TOTAL FAMILY HOUSING 1,940,751 1,979,140
DEFENSE BASE REALIGNMENT AND CLOSURE
BASE REALIGNMENT AND CLOSURE, ARMY
Worldwide Unspecified
BRAC, Army Unspecified Worldwide BASE REALIGNMENT & CLOSURE. 150,640 200,640
Locations
........................
Subtotal Base Realignment and Closure--Army 150,640 200,640
......................
BASE REALIGNMENT AND CLOSURE, NAVY
Worldwide Unspecified
BRAC, Navy Unspecified Worldwide BASE REALIGNMENT & CLOSURE. 108,818 158,818
Locations
........................
Subtotal Base Realignment and Closure--Navy 108,818 158,818
......................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
Worldwide Unspecified
BRAC, Air Force Unspecified Worldwide BASE REALIGNMENT & CLOSURE. 123,990 173,990
Locations
........................
Subtotal Base Realignment and Closure--Air Force 123,990 173,990
......................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
Worldwide Unspecified
BRAC, Defense-Wide Unspecified Worldwide INT-4: DLA ACTIVITIES...... 5,726 5,726
Locations
........................
Subtotal Base Realignment and Closure--Defense-Wide 5,726 5,726
......................
TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 389,174 539,174
......................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 16,674,944 18,174,944
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2024 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 177,733 160,000
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons Activities................ 18,832,947 19,121,676
Defense Nuclear Nonproliferation.. 2,508,959 2,444,252
Naval Reactors.................... 1,964,100 1,964,100
Federal Salaries and Expenses..... 538,994 518,994
Total, National Nuclear Security 23,845,000 24,049,022
Administration.....................
Defense Environmental Cleanup....... 7,073,587 7,043,763
Defense Uranium Enrichment D&D...... 427,000 0
Other Defense Activities............ 1,075,197 1,075,197
Total, Atomic Energy Defense 32,420,784 32,167,982
Activities...........................
Total, Discretionary Funding.............. 32,598,517 32,327,982
Nuclear Energy
Safeguards and security................. 177,733 160,000
Program decrease...................... [-17,733]
Total, Nuclear Energy..................... 177,733 160,000
National Nuclear Security Administration
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 449,850 449,850
W88 Alteration program.............. 178,823 178,823
W80-4 Life extension program........ 1,009,929 1,009,929
W80-4 ALT Nuclear-armed sea-launched 0 70,000
cruise missile.....................
Program increase.................. [70,000]
W87-1 Modification Program.......... 1,068,909 1,068,909
W93................................. 389,656 389,656
B61-13.............................. 52,000 52,000
Subtotal, Stockpile major 3,097,167 3,219,167
modernization........................
Stockpile sustainment..................... 1,276,578 1,276,578
Weapons dismantlement and disposition..... 53,718 53,718
Production operations..................... 710,822 710,822
Nuclear enterprise assurance.............. 66,614 66,614
Total, Stockpile management............. 5,256,899 5,326,899
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations. 833,100 833,100
21-D-512 Plutonium Pit 670,000 670,000
Production Project, LANL.......
15-D-302 TA-55 Reinvestments 30,000 30,000
Project, Phase 3, LANL.........
07-D-220-04 Transuranic Liquid 0 0
Waste Facility, LANL...........
04-D-125 Chemistry and 227,122 227,122
Metallurgy Research Replacement
Project, LANL..................
Subtotal, Los Alamos Plutonium 1,760,222 1,760,222
Modernization....................
Savannah River Plutonium Modernization
Savannah River Plutonium 62,764 62,764
Operations.....................
21-D-511 Savannah River 858,235 1,000,235
Plutonium Processing Facility,
SRS............................
Program increase.............. [142,000]
Subtotal, Savannah River Plutonium 920,999 1,062,999
Modernization....................
Enterprise Plutonium Support.......... 87,779 87,779
Total, Plutonium Modernization.......... 2,769,000 2,911,000
High Explosives & Energetics
High Explosives & Energetics.... 93,558 93,558
23-D-516 Energetic Materials 0 0
Characterization Facility, LANL
21-D-510 HE Synthesis, 0 80,000
Formulation, and Production, PX
Program increase.............. [80,000]
15-D-301 HE Science & 101,356 101,356
Engineering Facility, PX.......
Subtotal, High Explosives & 194,914 274,914
Energetics.......................
Total, Primary Capability Modernization... 2,963,914 3,185,914
Secondary Capability Modernization
Secondary Capability Modernization...... 666,914 666,914
18-D-690 Lithium Processing Facility, Y- 210,770 210,770
12.....................................
06-D-141 Uranium Processing Facility, Y- 760,000 760,000
12.....................................
Total, Secondary Capability Modernization. 1,637,684 1,637,684
Tritium and Domestic Uranium Enrichment
Tritium and Domestic Uranium Enrichment. 592,992 592,992
18-D-650 Tritium Finishing Facility, SRS 0 37,000
Program increase...................... [37,000]
Total, Tritium and Domestic Uranium 0 629,992
Enrichment...............................
Non-Nuclear Capability Modernization
Non-Nuclear Capability Modernization.... 166,990 166,990
22-D-513 Power Sources Capability, SNL.. 37,886 37,886
Total, Non-Nuclear Capability 204,876 204,876
Modernization............................
Capability Based Investments.............. 156,462 156,462
Total, Production Modernization......... 5,555,928 5,814,928
Stockpile research, technology, and
engineering
Assessment Science
Assessment Science.................. 917,751 917,751
17-D-640 U1a Complex Enhancements 126,570 126,570
Project, NNSS......................
Total, Assessment Science............. 1,044,321 1,044,321
Engineering and integrated assessments 440,456 440,456
Inertial confinement fusion........... 601,650 641,650
Program increase.................... [40,000]
Advanced simulation and computing..... 782,472 782,472
Weapon technology and manufacturing 327,745 307,745
maturation...........................
Program decrease.................... [-20,000]
Academic programs..................... 152,271 112,000
Community Capacity Building Program. [-30,000]
Program decrease.................... [-10,271]
Total, Stockpile research, technology, 3,348,915 3,328,644
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,053,000 1,053,000
Safety and Environmental Operations. 139,114 139,114
Maintenance and Repair of Facilities 718,000 700,000
Program decrease................ [-18,000]
Recapitalization
Infrastructure and Safety......... 650,012 638,012
Program decrease................ [-12,000]
Subtotal, Recapitalization.......... 650,012 638,012
Total, Operating...................... 2,560,126 2,530,126
Mission enabling construction:
22-D-510 Analytic Gas Laboratory, PX 35,000 35,000
22-D-511 Plutonium Production 48,500 48,500
Building, LANL.....................
22-D-512 TA-46 Protective Force 48,500 48,500
Facility, LANL.....................
22-D-517 Electrical Power Capacity 75,000 75,000
Upgrade, LANL......................
22-D-518 Plutonium Modernization Ops 0 0
& Waste Mngmt Office Bldg, LANL....
23-D-519 Special Material Facility, 0 0
Y-12...............................
Total, Mission enabling construction.. 207,000 207,000
Total, Infrastructure and operations.... 2,767,126 2,737,126
Secure transportation asset
Operations and equipment.............. 239,008 239,008
Program direction..................... 118,056 118,056
Total, Secure transportation asset...... 357,064 357,064
Defense nuclear security
Operations and maintenance............ 988,756 988,756
Construction:
17-D-710 West End Protected Area 28,000 38,000
Reduction Project, Y-12............
Program increase.................. [10,000]
Subtotal, Construction................ 28,000 38,000
Total, Defense nuclear security......... 1,016,756 1,026,756
Information technology and cybersecurity.. 578,379 578,379
Legacy contractor pensions................ 65,452 65,452
Total, Weapons Activities................. 18,946,519 19,235,248
Adjustments
Use of prior year balances............ -113,572 -113,572
Total, Adjustments........................ -113,572 -133,572
Total, Weapons Activities................. 18,832,947 19,121,676
Defense Nuclear Nonproliferation
Material Management and Minimization
Conversion (formerly HEU Reactor 116,675 116,675
Conversion)..........................
Nuclear material removal.............. 47,100 47,100
Material disposition.................. 282,250 282,250
Total, Material Management and 446,025 446,025
Minimization...........................
Global Material Security
International nuclear security........ 84,707 75,000
Program decrease.................... [-9,707]
Radiological security................. 258,033 258,033
Nuclear smuggling detection and 181,308 181,308
deterrence...........................
Total, Global Material Security......... 524,048 514,341
Nonproliferation and Arms Control....... 212,358 192,358
Program decrease...................... [-20,000]
Defense Nuclear Nonproliferation R&D
Proliferation detection............... 290,388 280,388
Program decrease.................... [-10,000]
Nonproliferation stewardship program.. 107,437 107,437
Nuclear detonation detection.......... 285,603 285,603
Forensics R&D......................... 44,759 44,759
Nonproliferation fuels development.... 0 0
Total, Defense Nuclear Nonproliferation 728,187 718,187
R&D....................................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 77,211 77,211
Project, SRS.........................
Total, Nonproliferation Construction.... 77,211 77,211
NNSA Bioassurance Program............... 25,000 0
Program decrease...................... [-25,000]
Legacy contractor pensions.............. 22,587 22,587
Nuclear Counterterrorism and Incident
Response Program
Emergency Operations.................. 19,123 19,123
Counterterrorism and 474,420 474,420
Counterproliferation.................
Total, Nuclear Counterterrorism and 493,543 493,543
Incident Response Program..............
Subtotal, Defense Nuclear Nonproliferation 2,528,959 2,464,252
Adjustments
Use of prior year balances............ -20,000 -20,000
Total, Adjustments...................... -20,000 -20,000
Total, Defense Nuclear Nonproliferation... 2,508,959 2,444,252
Naval Reactors
Naval reactors development.............. 838,340 838,340
Columbia-Class reactor systems 52,900 52,900
development............................
S8G Prototype refueling................. 0 0
Naval reactors operations and 712,036 712,036
infrastructure.........................
Program direction....................... 61,540 61,540
Construction:
22-D-533 BL Component Test Complex.... 0 0
22-D-531 KL Chemistry & Radiological 10,400 10,400
Health Building......................
21-D-530 KL Steam and Condensate 53,000 53,000
Upgrade..............................
14-D-901 Spent Fuel Handling 199,300 199,300
Recapitalization Project, NRF........
24-D-530 NRF Medical Science Complex.. 36,584 36,584
Total, Construction..................... 299,284 299,284
Total, Naval Reactors..................... 1,964,100 1,964,100
Federal Salaries and Expenses
Program direction....................... 538,994 518,994
Use of prior year balances.............. 0 0
Total, Federal Salaries and Expenses...... 538,994 518,994
TOTAL, National Nuclear Security 23,845,000 24,049,022
Administration...........................
Defense Environmental Cleanup
Closure sites administration.......... 3,023 3,023
Richland
River corridor and other cleanup 180,000 180,000
operations...........................
Central plateau remediation........... 684,289 684,289
Richland community and regulatory 10,100 10,100
support..............................
18-D-404 Modification of Waste 0 0
Encapsulation and Storage Facility...
22-D-401 L-888 Eastern Plateau Fire 7,000 7,000
Station..............................
22-D-402 L-897 200 Area Water 11,200 11,200
Treatment Facility...................
23-D-404 181D Export Water System 27,149 27,149
Reconfiguration and Upgrade..........
23-D-405 181B Export Water System 462 462
Reconfiguration and Upgrade..........
24-D-401 Environmental Restoration 1,000 1,000
Disposal Facility Supercell 11 Expans
Proj.................................
Total, Richland......................... 921,200 921,200
Office of River Protection:
Waste Treatment Immobilization Plant 466,000 430,000
Commissioning........................
Program decrease.................... [-36,000]
Rad liquid tank waste stabilization 813,625 813,625
and disposition......................
Construction:
23-D-403 Hanford 200 West Area 15,309 15,309
Tank Farms Risk Management
Project..........................
15-D-409 Low Activity Waste 60,000 60,000
Pretreatment System..............
18-D-16 Waste Treatment and 0 0
Immobilization Plant--LBL/Direct
feed LAW.........................
01-D-16D High-Level Waste Facility 600,000 600,000
01-D-16E Pretreatment Facility.... 20,000 20,000
Subtotal, Construction................ 695,309 695,309
ORP Low-level waste offsite disposal.. 0 0
Total, Office of River Protection....... 1,974,934 1,938,934
Idaho National Laboratory:
Idaho cleanup and waste disposition... 377,623 377,623
Idaho community and regulatory support 2,759 2,759
Construction:
22-D-403 Idaho Spent Nuclear Fuel 10,159 10,159
Staging Facility.................
22-D-404 Addl ICDF Landfill 46,500 46,500
Disposal Cell and Evaporation
Ponds Project....................
22-D-402 Calcine Construction..... 10,000 10,000
Subtotal, Construction................ 66,659 66,659
Total, Idaho National Laboratory........ 447,041 447,041
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,879 1,879
LLNL Excess Facilities D&D............ 20,195 20,195
Separations Processing Research Unit.. 15,300 15,300
Nevada Test Site...................... 61,952 61,952
Sandia National Laboratory............ 2,264 2,264
Los Alamos National Laboratory........ 273,831 273,831
Los Alamos Excess Facilities D&D...... 13,648 13,648
Total, NNSA sites and Nevada off-sites.. 389,069 389,069
Oak Ridge Reservation:
OR Nuclear Facility D&D............... 335,000 335,000
U233 Disposition Program.............. 55,000 55,000
OR cleanup and waste disposition...... 72,000 72,000
Construction:
14-D-403 Outfall 200 Mercury 10,000 10,000
Treatment Facility...............
17-D-401 On-site Waste Disposal 24,500 24,500
Facility.........................
Subtotal, Construction................ 34,500 34,500
OR community & regulatory support..... 5,500 5,500
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 505,000 505,000
Savannah River Site:
Savannah River risk management 453,109 460,241
operations...........................
Program increase.................... [7,132]
Savannah River legacy pensions........ 65,898 65,898
Savannah River community and 12,389 12,389
regulatory support...................
Savannah River National Laboratory O&M 42,000 42,000
Construction:
20-D-401 Saltstone Disposal Unit 56,250 56,250
#10, 11, 12......................
19-D-701 SR Security Systems 0 0
Replacement......................
18-D-401 Saltstone Disposal Unit 31,250 31,250
#8, 9............................
18-D-402 Emergency Operations 34,733 34,733
Center Replacement, SR...........
Subtotal, Construction................ 122,233 122,233
Radioactive liquid tank waste 880,323 900,323
stabilization........................
Program increase.................... [20,000]
Total, Savannah River Site.............. 1,575,952 1,603,084
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 369,961 369,961
Construction:
15-D-411 Safety Significant 44,365 44,365
Confinement Ventilation System,
WIPP.............................
15-D-412 Utility Shaft, WIPP...... 50,000 50,000
Total, Construction................... 94,365 94,365
Total, Waste Isolation Pilot Plant...... 464,326 464,326
Program direction--Defense Environmental 326,893 326,893
Cleanup................................
Program support--Defense Environmental 103,504 82,548
Cleanup................................
Program decrease...................... [-20,956]
Safeguards and Security--Defense 332,645 332,645
Environmental Cleanup..................
Technology development and deployment... 30,000 30,000
Subtotal, Defense Environmental Cleanup... 7,073,587 7,043,763
TOTAL, Defense Environmental Cleanup...... 7,073,587 7,043,763
Defense Uranium Enrichment D&D............ 427,000 0
Program decrease........................ [-427,000]
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 144,705 144,705
security mission support.............
Program direction..................... 86,558 86,558
Total, Environment, health, safety and 231,263 231,263
security...............................
Office of Enterprise Assessments
Enterprise assessments................ 30,022 30,022
Program direction..................... 64,132 64,132
Total, Office of Enterprise Assessments. 94,154 94,154
Specialized security activities......... 345,330 345,330
Legacy Management
Legacy Management Activities--Defense. 173,681 173,681
Program Direction..................... 22,621 22,621
Total, Legacy Management................ 196,302 196,302
Defense-Related Administrative Support.. 203,649 203,649
Office of Hearings and Appeals.......... 4,499 4,499
Subtotal, Other Defense Activities...... 1,075,197 1,075,197
Use of prior year balances.............. 0 0
Total, Other Defense Activities........... 1,075,197 1,075,197
------------------------------------------------------------------------
DIVISION E--OTHER MATTERS
TITLE L--VETERANS AFFAIRS MATTERS
Sec. 5001. Adjustment of threshold amount for minor medical facility
projects of Department of Veterans Affairs.
Sec. 5002. Grave markers at Santa Fe National Cemetery, New Mexico.
Sec. 5003. Improving processing by Department of Veterans Affairs of
disability claims for post-traumatic stress disorder through
improved training.
SEC. 5001. ADJUSTMENT OF THRESHOLD AMOUNT FOR MINOR MEDICAL FACILITY
PROJECTS OF DEPARTMENT OF VETERANS AFFAIRS.
Section 8104(a) of title 38, United States Code, is amended--
(1) in paragraph (3)(A), by striking ``$20,000,000'' each place
it appears and inserting ``the amount specified in paragraph (4)'';
and
(2) by adding at the end the following new paragraph:
``(4)(A) The amount specified in this paragraph is $30,000,000, as
adjusted pursuant to this paragraph.
``(B)(i) The Secretary may annually adjust the amount specified in
this paragraph to reflect a percentage increase, if any, in
construction costs during the prior calendar year, as determined by--
``(I) the relevant composite construction and lease cost
indices pursuant to section 3307(h) of title 40, or any similar
successor index developed by the Administrator of the General
Services Administration; or
``(II) the Producer Price Index for New Health Care Building
Construction published by the Bureau of Labor Statistics of the
Department of Labor, or any similar successor index developed by
the Secretary of Labor.
``(ii) If there is no percentage increase in construction costs
determined as described in clause (i) for a calendar year, the
Secretary may not adjust the amount specified in subparagraph (A) for
that year.
``(C) If the Secretary adjusts the amount specified in this
paragraph, the Secretary shall publish a notice of such adjustment in
the Federal Register.
``(D) Not later than 30 days before adjusting the amount specified
in this paragraph, the Secretary shall notify the Committee on
Veterans' Affairs and the Committee on Appropriations of the Senate and
the Committee on Veterans' Affairs and the Committee on Appropriations
of the House of Representatives.
``(E) The Secretary shall determine a logical schedule for
adjustments under this paragraph to take effect so that the amounts for
and types of construction projects requested by the Department in the
budget of the President under section 1105(a) of title 31 are
consistent with the threshold for construction projects as so
adjusted.''.
SEC. 5002. GRAVE MARKERS AT SANTA FE NATIONAL CEMETERY, NEW MEXICO.
(a) Repeal of Authority to Provide Flat Grave Markers.--Section 612
of the Veterans Millennium Health Care and Benefits Act (Public Law
106-117; 38 U.S.C. 2404 note) is hereby repealed.
(b) Study Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives, and make publicly available, a report on the cost of
replacing the flat grave markers that were provided under such section
612 at the Santa Fe National Cemetery, New Mexico, with upright grave
markers.
SEC. 5003. IMPROVING PROCESSING BY DEPARTMENT OF VETERANS AFFAIRS OF
DISABILITY CLAIMS FOR POST-TRAUMATIC STRESS DISORDER THROUGH IMPROVED
TRAINING.
(a) Formal Process for Conduct of Annual Analysis of Training Needs
Based on Trends.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, acting
through the Under Secretary for Benefits, shall establish a formal
process to analyze, on an annual basis, training needs of employees of
the Department who review claims for disability compensation for post-
traumatic stress disorder, based on identified processing error trends.
(b) Formal Process for Conduct of Annual Studies to Support Annual
Analysis.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, acting through the Under
Secretary, shall establish a formal process to conduct, on an
annual basis, studies to help guide the process established under
subsection (a).
(2) Elements.--Each study conducted under paragraph (1) shall
cover the following:
(A) Military post-traumatic stress disorder stressors.
(B) Decision-making claims for claims processors.
TITLE LI--JUDICIARY MATTERS
Sec. 5101. Prohibition of demand for bribe.
Sec. 5102. Preventing child sex abuse.
Sec. 5103. Recognition as corporation and grant of Federal charter for
National American Indian Veterans, Incorporated.
Sec. 5104. Visa availability for government employee immigrant visa
program.
SEC. 5101. PROHIBITION OF DEMAND FOR BRIBE.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) the term `foreign official' means--
``(A)(i) any official or employee of a foreign government
or any department, agency, or instrumentality thereof; or
``(ii) any senior foreign political figure, as defined in
section 1010.605 of title 31, Code of Federal Regulations, or
any successor regulation;
``(B) any official or employee of a public international
organization;
``(C) any person acting in an official capacity for or on
behalf of--
``(i) a government, department, agency, or
instrumentality described in subparagraph (A)(i); or
``(ii) a public international organization; or
``(D) any person acting in an unofficial capacity for or on
behalf of--
``(i) a government, department, agency, or
instrumentality described in subparagraph (A)(i); or
``(ii) a public international organization; and
``(5) the term `public international organization' means--
``(A) an organization that is designated by Executive order
pursuant to section 1 of the International Organizations
Immunities Act (22 U.S.C. 288); or
``(B) any other international organization that is
designated by the President by Executive order for the purposes
of this section, effective as of the date of publication of
such order in the Federal Register.''; and
(2) by adding at the end the following:
``(f) Prohibition of Demand for a Bribe.--
``(1) Offense.--It shall be unlawful for any foreign official
or person selected to be a foreign official to corruptly demand,
seek, receive, accept, or agree to receive or accept, directly or
indirectly, anything of value personally or for any other person or
nongovernmental entity, by making use of the mails or any means or
instrumentality of interstate commerce, from any person (as defined
in section 104A of the Foreign Corrupt Practices Act of 1977 (15
U.S.C. 78dd-3), except that that definition shall be applied
without regard to whether the person is an offender) while in the
territory of the United States, from an issuer (as defined in
section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a))), or from a domestic concern (as defined in section 104 of
the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2)), in
return for--
``(A) being influenced in the performance of any official
act;
``(B) being induced to do or omit to do any act in
violation of the official duty of such foreign official or
person; or
``(C) conferring any improper advantage,
in connection with obtaining or retaining business for or with, or
directing business to, any person.
``(2) Penalties.--Any person who violates paragraph (1) shall
be fined not more than $250,000 or 3 times the monetary equivalent
of the thing of value, imprisoned for not more than 15 years, or
both.
``(3) Jurisdiction.--An offense under paragraph (1) shall be
subject to extraterritorial Federal jurisdiction.
``(4) Report.--Not later than 1 year after the date of
enactment of the Foreign Extortion Prevention Act, and annually
thereafter, the Attorney General, in consultation with the
Secretary of State as relevant, shall submit to the Committee on
the Judiciary and the Committee on Foreign Relations of the Senate
and the Committee on the Judiciary and the Committee on Foreign
Affairs of the House of Representatives, and post on the publicly
available website of the Department of Justice, a report--
``(A) focusing, in part, on demands by foreign officials
for bribes from entities domiciled or incorporated in the
United States, and the efforts of foreign governments to
prosecute such cases;
``(B) addressing United States diplomatic efforts to
protect entities domiciled or incorporated in the United States
from foreign bribery, and the effectiveness of those efforts in
protecting such entities;
``(C) summarizing major actions taken under this section in
the previous year, including enforcement actions taken and
penalties imposed;
``(D) evaluating the effectiveness of the Department of
Justice in enforcing this section; and
``(E) detailing what resources or legislative action the
Department of Justice needs to ensure adequate enforcement of
this section.
``(5) Rule of construction.--This subsection shall not be
construed as encompassing conduct that would violate section 30A of
the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) or section
104 or 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C.
78dd-2; 15 U.S.C. 78dd-3) whether pursuant to a theory of direct
liability, conspiracy, complicity, or otherwise.''.
SEC. 5102. PREVENTING CHILD SEX ABUSE.
(a) Short Title.--This section may be cited as the ``Preventing
Child Sex Abuse Act of 2023''.
(b) Sense of Congress.--The sense of Congress is the following:
(1) The safety of children should be a top priority for public
officials and communities in the United States.
(2) According to the Rape, Abuse & Incest National Network, an
individual in the United States is sexually assaulted every 68
seconds. And every 9 minutes, that victim is a child. Meanwhile,
only 25 out of every 1,000 perpetrators will end up in prison.
(3) The effects of child sexual abuse can be long-lasting and
affect the victim's mental health.
(4) Victims are more likely than non-victims to experience the
following mental health challenges:
(A) Victims are about 4 times more likely to develop
symptoms of drug abuse.
(B) Victims are about 4 times more likely to experience
post-traumatic stress disorder as adults.
(C) Victims are about 3 times more likely to experience a
major depressive episode as adults.
(5) The criminal justice system should and has acted as an
important line of defense to protect children and hold perpetrators
accountable.
(6) However, the horrific crimes perpetuated by Larry Nassar
demonstrate firsthand the loopholes that still exist in the
criminal justice system. While Larry Nassar was found guilty of
several State-level offenses, he was not charged federally for his
illicit sexual contact with minors, despite crossing State and
international borders to commit this conduct.
(7) The Department of Justice has also identified a growing
trend of Americans who use charitable or missionary work in a
foreign country as a cover for sexual abuse of children.
(8) It is the intent of Congress to prohibit Americans from
engaging in sexual abuse or exploitation of minors under the guise
of work, including volunteer work, with an organization that
affects interstate or foreign commerce, such as an international
charity.
(9) Federal law does not require that an abuser's intention to
engage in sexual abuse be a primary, significant, dominant, or
motivating purpose of the travel.
(10) Child sexual abuse does not require physical contact
between the abuser and the child. This is especially true as
perpetrators turn increasingly to internet platforms, online chat
rooms, and webcams to commit child sexual abuse.
(11) However, a decision of the United States Court of Appeals
for the Seventh Circuit found the use of a webcam to engage in
sexually provocative activity with a minor did not qualify as
``sexual activity''.
(12) Congress can address this issue by amending the definition
of the term ``sexual activity'' to clarify that it does not require
interpersonal, physical contact.
(13) It is the duty of Congress to provide clearer guidance to
ensure that those who commit crimes against children are prosecuted
to the fullest extent of the law.
(c) Interstate Child Sexual Abuse.--Section 2423 of title 18,
United States Code, is amended--
(1) in subsection (b), by striking ``with a motivating purpose
of engaging in any illicit sexual conduct with another person'' and
inserting ``with intent to engage in any illicit sexual conduct
with another person'';
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (i), respectively;
(3) in subsection (e), as so redesignated, by striking ``with a
motivating purpose of engaging in any illicit sexual conduct'' and
inserting ``with intent to engage in any illicit sexual conduct'';
and
(4) by inserting after subsection (g), as so redesignated, the
following:
``(h) Rule of Construction.--As used in this section, the term
`intent' shall be construed as any intention to engage in prostitution,
sexual activity for which any person can be charged with a criminal
offense, or illicit sexual conduct, as applicable, at the time of the
transportation or travel.''.
(d) Abuse Under the Guise of Charity.--Section 2423 of title 18,
United States Code, as amended by subsection (c) of this section, is
amended--
(1) by inserting after subsection (c) the following:
``(d) Illicit Sexual Conduct in Connection With Certain
Organizations.--Any citizen of the United States or alien admitted for
permanent residence who--
``(1) is an officer, director, employee, or agent of an
organization that affects interstate or foreign commerce;
``(2) makes use of the mails or any means or instrumentality of
interstate or foreign commerce through the connection or
affiliation of the person with such organization; and
``(3) commits an act in furtherance of illicit sexual conduct
through the connection or affiliation of the person with such
organization,
shall be fined under this title, imprisoned for not more than 30 years,
or both.'';
(2) in subsection (f), as so redesignated, by striking ``or
(d)'' and inserting ``(d), or (e)''; and
(3) in subsection (i), as so redesignated, by striking
``(f)(2)'' and inserting ``(g)(2)''.
(e) Sexual Activity With Minors.--Section 2427 of title 18, United
States Code, is amended by inserting ``does not require interpersonal
physical contact, and'' before ``includes''.
SEC. 5103. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER FOR
NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED.
(a) In General.--Part B of subtitle II of title 36, United States
Code, is amended by inserting after chapter 1503 the following:
``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED
``Sec.
``150401. Organization.
``150402. Purposes.
``150403. Membership.
``150404. Board of directors.
``150405. Officers.
``150406. Nondiscrimination.
``150407. Powers.
``150408. Exclusive right to name, seals, emblems, and badges.
``150409. Restrictions.
``150410. Duty to maintain tax-exempt status.
``150411. Records and inspection.
``150412. Service of process.
``150413. Liability for acts of officers and agents.
``150414. Failure to comply with requirements.
``150415. Annual report.
``Sec. 150401 Organization
``The National American Indian Veterans, Incorporated, a nonprofit
corporation organized in the United States (referred to in this chapter
as the `corporation'), is a federally chartered corporation.
``Sec. 150402. Purposes
``The purposes of the corporation are those stated in the articles
of incorporation, constitution, and bylaws of the corporation, and
include a commitment--
``(1) to uphold and defend the Constitution of the United
States while respecting the sovereignty of the American Indian
Nations;
``(2) to unite under one body all American Indian veterans who
served in the Armed Forces of United States;
``(3) to be an advocate on behalf of all American Indian
veterans without regard to whether they served during times of
peace, conflict, or war;
``(4) to promote social welfare (including educational,
economic, social, physical, and cultural values and traditional
healing) in the United States by encouraging the growth and
development, readjustment, self-respect, self-confidence,
contributions, and self-identity of American Indian veterans;
``(5) to serve as an advocate for the needs of American Indian
veterans and their families and survivors in their dealings with
all Federal and State government agencies;
``(6) to promote, support, and utilize research, on a
nonpartisan basis, pertaining to the relationship between American
Indian veterans and American society; and
``(7) to provide technical assistance to the Bureau of Indian
Affairs regional areas that are not served by any veterans
committee or organization or program by--
``(A) providing outreach service to Indian Tribes in need;
and
``(B) training and educating Tribal Veterans Service
Officers for Indian Tribes in need.
``Sec. 150403. Membership
``Subject to section 150406, eligibility for membership in the
corporation, and the rights and privileges of members, shall be as
provided in the constitution and bylaws of the corporation.
``Sec. 150404. Board of directors
``Subject to section 150406, the board of directors of the
corporation, and the responsibilities of the board, shall be as
provided in the constitution and bylaws of the corporation and in
conformity with the laws under which the corporation is incorporated.
``Sec. 150405. Officers
``Subject to section 150406, the officers of the corporation, and
the election of such officers, shall be as provided in the constitution
and bylaws of the corporation and in conformity with the laws of the
jurisdiction under which the corporation is incorporated.
``Sec. 150406. Nondiscrimination
``In establishing the conditions of membership in the corporation,
and in determining the requirements for serving on the board of
directors or as an officer of the corporation, the corporation may not
discriminate on the basis of race, color, religion, sex, national
origin, handicap, or age.
``Sec. 150407. Powers
``The corporation shall have only those powers granted the
corporation through its articles of incorporation, constitution, and
bylaws, which shall conform to the laws of the jurisdiction under which
the corporation is incorporated.
``Sec. 150408. Exclusive right to name, seals, emblems, and badges
``(a) In General.--The corporation shall have the sole and
exclusive right to use the names `National American Indian Veterans,
Incorporated' and `National American Indian Veterans', and such seals,
emblems, and badges as the corporation may lawfully adopt.
``(b) Effect.--Nothing in this section interferes or conflicts with
any established or vested rights.
``Sec. 150409. Restrictions
``(a) Stock and Dividends.--The corporation may not--
``(1) issue any shares of stock; or
``(2) declare or pay any dividends.
``(b) Distribution of Income or Assets.--
``(1) In general.--The income or assets of the corporation may
not--
``(A) inure to any person who is a member, officer, or
director of the corporation; or
``(B) be distributed to any such person during the life of
the charter granted by this chapter.
``(2) Effect.--Nothing in this subsection prevents the payment
of reasonable compensation to the officers of the corporation, or
reimbursement for actual and necessary expenses, in amounts
approved by the board of directors.
``(c) Loans.--The corporation may not make any loan to any officer,
director, member, or employee of the corporation.
``(d) No Federal Endorsement.--The corporation may not claim
congressional approval or Federal Government authority by virtue of the
charter granted by this chapter for any of the activities of the
corporation.
``Sec. 150410. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an organization
exempt from taxation under the Internal Revenue Code of 1986.
``Sec. 150411. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete books and records of accounts;
``(2) minutes of any proceeding of the corporation involving
any member of the corporation, the board of directors, or any
committee having authority under the board of directors; and
``(3) at the principal office of the corporation, a record of
the names and addresses of all members of the corporation having
the right to vote.
``(b) Inspection.--
``(1) In general.--All books and records of the corporation may
be inspected by any member having the right to vote, or by any
agent or attorney of such a member, for any proper purpose, at any
reasonable time.
``(2) Effect.--Nothing in this section contravenes--
``(A) the laws of the jurisdiction under which the
corporation is incorporated; or
``(B) the laws of those jurisdictions within the United
States and its territories within which the corporation carries
out activities in furtherance of the purposes of the
corporation.
``Sec. 150412. Service of process
``With respect to service of process, the corporation shall comply
with the laws of--
``(1) the jurisdiction under which the corporation is
incorporated; and
``(2) those jurisdictions within the United States and its
territories within which the corporation carries out activities in
furtherance of the purposes of the corporation.
``Sec. 150413. Liability for acts of officers and agents
``The corporation shall be liable for the acts of the officers and
agents of the corporation acting within the scope of their authority.
``Sec. 150414. Failure to comply with requirements
``If the corporation fails to comply with any of the requirements
of this chapter, including the requirement under section 150410 to
maintain its status as an organization exempt from taxation, the
charter granted by this chapter shall expire.
``Sec. 150415. Annual report
``(a) In General.--The corporation shall submit to Congress an
annual report describing the activities of the corporation during the
preceding fiscal year.
``(b) Submittal Date.--Each annual report under this section shall
be submitted at the same time as the report of the audit of the
corporation required by section 10101(b).
``(c) Report Not Public Document.--No annual report under this
section shall be printed as a public document.''.
(b) Clerical Amendment.--The table of chapters for subtitle II of
title 36, United States Code, is amended by inserting after the item
relating to chapter 1503 the following:
``1504. National American Indian Veterans, Incorporated........150401''.
SEC. 5104. VISA AVAILABILITY FOR GOVERNMENT EMPLOYEE IMMIGRANT VISA
PROGRAM.
(a) In General.--Beginning in fiscal year 2024, subject to
subsection (b), visas shall be made available to a special immigrant
described in section 101(a)(27)(D) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(D)) if a visa is not immediately available
for issuance to the special immigrant under section 203(b)(4) of that
Act (8 U.S.C. 1153(b)(4)).
(b) Numerical Limitations.--
(1) Fiscal year 2024.--For fiscal year 2024, not more than
3,500 visas shall be made available under subsection (a).
(2) Subsequent fiscal years.--For fiscal year 2025 and each
fiscal year thereafter, not more than 3,000 visas shall be made
available under subsection (a).
(c) Temporary Reduction in Diversity Visas.--Section 203(d)(2) of
the Nicaraguan Adjustment and Central America Relief Act (8 U.S.C. 1151
note; Public Law 105-100) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) In no case shall the reduction under paragraph (1) for a
fiscal year exceed the amount by which--
``(A) the sum of--
``(i) one-half of the total number of individuals
described in subclauses (I), (II), (III), and (IV) of
section 309(c)(5)(C)(i) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note; Public Law 104-208) who have adjusted their status to
that of aliens lawfully admitted for permanent residence
under section 202 of the Nicaraguan Adjustment and Central
American Relief Act (Public Law 105-100; 8 U.S.C. 1255
note) as of the end of the previous fiscal year; and
``(ii) the total number of individuals described in
section 101(a)(27)(D) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(D)) for whom visas shall have
been made available under section 5104 of the National
Defense Authorization Act for Fiscal Year 2024 as of the
end of the previous fiscal year; exceeds
``(B) the total of the reductions in available visas under
this subsection for all previous fiscal years.''; and
(2) by adding at the end the following:
``(3)(A) Paragraph (1) shall not apply in a fiscal year
following a fiscal year for which the sum calculated under
paragraph (2)(A), minus the number in paragraph (2)(B), is zero.
``(B) Nothing in this paragraph may be construed--
``(i) to repeal, modify, or render permanently inapplicable
paragraph (1); or
``(ii) to prevent the offsetting of the number of visas
described in that paragraph for the purpose of providing visa
availability for aliens described in section 5104 of the
National Defense Authorization Act for Fiscal Year 2024.
``(4) In the event that the number of visas available for a
fiscal year under section 201(e) of the Immigration and Nationality
Act (8 U.S.C. 1151(e)) is reduced to a number fewer than 50,000,
not fewer than 3,000 of such visas shall be made available for
individuals described in section 5104 of the National Defense
Authorization Act for Fiscal Year 2024.''.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to modify the number
of visas available under section 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(4)) to special immigrants described
in section 101(a)(27)(D) of that Act (8 U.S.C. 1101(a)(27)(D)).
TITLE LII--OVERSIGHT AND ACCOUNTABILITY MATTERS
Sec. 5201. Establishment of higher rates of regularly scheduled overtime
pay for United States Border Patrol agents classified at GS-
12.
SEC. 5201. ESTABLISHMENT OF HIGHER RATES OF REGULARLY SCHEDULED
OVERTIME PAY FOR UNITED STATES BORDER PATROL AGENTS CLASSIFIED AT GS-
12.
Section 5550 of title 5, United States Code, is amended by adding
at the end the following:
``(h) Special Overtime Pay for GS-12 Border Patrol Agents.--
``(1) In general.--Notwithstanding paragraphs (1)(F), (2)(C),
and (3)(C) of subsection (b), a border patrol agent encumbering a
position at grade GS-12 shall receive a special overtime payment
under this subsection for hours of regularly scheduled work
described in paragraph (2)(A)(ii) or (3)(A)(ii) of subsection (b),
as applicable, that are credited to the agent through actual
performance of work, crediting under rules for canine agents under
subsection (b)(1)(F), or substitution of overtime hours in the same
work period under subsection (f)(2)(A), except that no such payment
may be made for periods of absence resulting in an hours obligation
under paragraph (3) or (4) of subsection (f).
``(2) Computation.--The special overtime payment authorized
under paragraph (1) shall be computed by multiplying the credited
hours by 50 percent of the border patrol agent's hourly rate of
basic pay, rounded to the nearest cent.
``(3) Limitations.--The special overtime payment authorized
under paragraph (1)--
``(A) is not considered basic pay for retirement under
section 8331(3) or 8401(4) or for any other purpose;
``(B) is not payable during periods of paid leave or other
paid time off; and
``(C) is not considered in computing an agent's lump-sum
annual leave payment under sections 5551 and 5552.''.
TITLE LIII--FEDERAL DATA AND INFORMATION SECURITY
Sec. 5301. Short title.
Sec. 5302. Federal Data Center Consolidation Initiative amendments.
SEC. 5301. SHORT TITLE.
This title may be cited as the ``Federal Data Center Enhancement
Act of 2023''.
SEC. 5302. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE AMENDMENTS.
(a) Findings.--Congress finds the following:
(1) The statutory authorization for the Federal Data Center
Optimization Initiative under section 834 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) expired
at the end of fiscal year 2022.
(2) The expiration of the authorization described in paragraph
(1) presents Congress with an opportunity to review the objectives
of the Federal Data Center Optimization Initiative to ensure that
the initiative is meeting the current needs of the Federal
Government.
(3) The initial focus of the Federal Data Center Optimization
Initiative, which was to consolidate data centers and create new
efficiencies, has resulted in, since 2010--
(A) the consolidation of more than 6,000 Federal data
centers; and
(B) cost savings and avoidance of $5,800,000,000.
(4) The need of the Federal Government for access to data and
data processing systems has evolved since the date of enactment in
2014 of subtitle D of title VIII of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015.
(5) Federal agencies and employees involved in mission critical
functions increasingly need reliable access to secure, reliable,
and protected facilities to house mission critical data and data
operations to meet the immediate needs of the people of the United
States.
(6) As of the date of enactment of this title, there is a
growing need for Federal agencies to use data centers and cloud
applications that meet high standards for cybersecurity,
resiliency, and availability.
(b) Minimum Requirements for New Data Centers.--Section 834 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) is
amended--
(1) in subsection (a), by striking paragraphs (3) and (4) and
inserting the following:
``(3) New data center.--The term `new data center' means--
``(A)(i) a data center or a portion thereof that is owned,
operated, or maintained by a covered agency; or
``(ii) to the extent practicable, a data center or portion
thereof--
``(I) that is owned, operated, or maintained by a
contractor on behalf of a covered agency on the date on
which the contract between the covered agency and the
contractor expires; and
``(II) with respect to which the covered agency extends
the contract, or enters into a new contract, with the
contractor; and
``(B) on or after the date that is 180 days after the date
of enactment of the Federal Data Center Enhancement Act of
2023, a data center or portion thereof that is--
``(i) established; or
``(ii) substantially upgraded or expanded.'';
(2) by striking subsection (b) and inserting the following:
``(b) Minimum Requirements for New Data Centers.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Federal Data Center Enhancement Act of 2023, the
Administrator shall establish minimum requirements for new data
centers in consultation with the Administrator of General Services
and the Federal Chief Information Officers Council.
``(2) Contents.--
``(A) In general.--The minimum requirements established
under paragraph (1) shall include requirements relating to--
``(i) the availability of new data centers;
``(ii) the use of new data centers, including costs
related to the facility, energy consumption, and related
infrastructure;
``(iii) uptime percentage;
``(iv) protections against power failures, including
on-site energy generation and access to multiple
transmission paths;
``(v) protections against physical intrusions and
natural disasters;
``(vi) information security protections required by
subchapter II of chapter 35 of title 44, United States
Code, and other applicable law and policy; and
``(vii) any other requirements the Administrator
determines appropriate.
``(B) Consultation.--In establishing the requirements
described in subparagraph (A)(vi), the Administrator shall
consult with the Director of the Cybersecurity and
Infrastructure Security Agency and the National Cyber Director.
``(3) Incorporation of minimum requirements into current data
centers.--As soon as practicable, and in any case not later than 90
days after the Administrator establishes the minimum requirements
pursuant to paragraph (1), the Administrator shall issue guidance
to ensure, as appropriate, that covered agencies incorporate the
minimum requirements established under that paragraph into the
operations of any data center of a covered agency existing as of
the date of enactment of the Federal Data Center Enhancement Act of
2023.
``(4) Review of requirements.--The Administrator, in
consultation with the Administrator of General Services and the
Federal Chief Information Officers Council, shall review, update,
and modify the minimum requirements established under paragraph
(1), as necessary.
``(5) Report on new data centers.--During the development and
planning lifecycle of a new data center, if the head of a covered
agency determines that the covered agency is likely to make a
management or financial decision relating to any data center, the
head of the covered agency shall--
``(A) notify--
``(i) the Administrator;
``(ii) Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(iii) Committee on Oversight and Accountability of
the House of Representatives; and
``(B) describe in the notification with sufficient detail
how the covered agency intends to comply with the minimum
requirements established under paragraph (1).
``(6) Use of technology.--In determining whether to establish
or continue to operate an existing data center, the head of a
covered agency shall--
``(A) regularly assess the application portfolio of the
covered agency and ensure that each at-risk legacy application
is updated, replaced, or modernized, as appropriate, to take
advantage of modern technologies; and
``(B) prioritize and, to the greatest extent possible,
leverage commercial data center solutions, including hybrid
cloud, multi-cloud, co-location, interconnection, or cloud
computing (as defined in section 3607 of this Chapter) rather
than acquiring, overseeing, or managing custom data center
infrastructure.
``(7) Public website.--
``(A) In general.--The Administrator shall maintain a
public-facing website that includes information, data, and
explanatory statements relating to the compliance of covered
agencies with the requirements of this section.
``(B) Processes and procedures.--In maintaining the website
described in subparagraph (A), the Administrator shall--
``(i) ensure covered agencies regularly, and not less
frequently than biannually, update the information, data,
and explanatory statements posed on the website, pursuant
to guidance issued by the Administrator, relating to any
new data centers and, as appropriate, each existing data
center of the covered agency; and
``(ii) ensure that all information, data, and
explanatory statements on the website are maintained as
open Government data assets.''; and
(3) in subsection (c), by striking paragraph (1) and inserting
the following:
``(1) In general.--The head of a covered agency shall oversee
and manage the data center portfolio and the information technology
strategy of the covered agency in accordance with Federal
cybersecurity guidelines and directives, including--
``(A) information security standards and guidelines
promulgated by the Director of the National Institute of
Standards and Technology;
``(B) applicable requirements and guidance issued by the
Director of the Office of Management and Budget pursuant to
section 3614 of title 44, United States Code; and
``(C) directives issued by the Secretary of Homeland
Security under section 3553 of title 44, United States Code.''.
(c) Extension of Sunset.--Section 834(e) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) is amended by
striking ``2022'' and inserting ``2026''.
(d) Gao Review.--Not later than 1 year after the date of the
enactment of this title, and annually thereafter, the Comptroller
General of the United States shall review, verify, and audit the
compliance of covered agencies with the minimum requirements
established pursuant to section 834(b)(1) of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (44 U.S.C. 3601 note; Public Law 113-291) for new data centers and
subsection (b)(3) of that section for existing data centers, as
appropriate.
TITLE LIV--FOREIGN AFFAIRS MATTERS
Subtitle A--Combating Global Corruption
Sec. 5401. Short title.
Sec. 5402. Definitions.
Sec. 5403. Publication and provision of lists regarding progress on
anti-corruption efforts.
Sec. 5404. Minimum standards for the elimination of corruption and
assessment of efforts to combat corruption.
Sec. 5405. Imposition of sanctions under Global Magnitsky Human Rights
Accountability Act.
Sec. 5406. Designation of embassy anti-corruption points of contact.
Subtitle B--Other Matters
Sec. 5411. Global cooperative framework to end human rights abuses in
sourcing critical minerals.
Sec. 5412. Connecting Oceania's Nations with Vanguard Exercises and
National Empowerment.
Sec. 5413. Ending China's developing nation status.
Sec. 5414. Permitting for international bridges.
Subtitle A--Combating Global Corruption
SEC. 5401. SHORT TITLE.
This subtitle may be cited as the ``Combating Global Corruption
Act''.
SEC. 5402. DEFINITIONS.
In this subtitle:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives.
(2) The term ``corrupt actor'' means--
(A) any foreign person or entity that is a government
official or government entity responsible for, or complicit in,
an act of corruption; and
(B) any company, in which a person or entity described in
subparagraph (A) has a significant stake, which is responsible
for, or complicit in, an act of corruption.
(3) The term ``corruption'' means the unlawful exercise of
entrusted public power for private gain, including by bribery,
nepotism, fraud, or embezzlement.
(4) The term ``significant corruption'' means corruption
committed at a high level of government that has some or all of the
following characteristics:
(A) Illegitimately distorts major decision-making, such as
policy or resource determinations, or other fundamental
functions of governance.
(B) Involves economically or socially large-scale
government activities.
SEC. 5403. PUBLICATION AND PROVISION OF LISTS REGARDING PROGRESS ON
ANTI-CORRUPTION EFFORTS.
(a) Public List.--The Secretary of State shall publish annually, on
a publicly accessible website, a list of foreign countries where the
government is sustaining or making good progress on anti-corruption
efforts in accordance with the minimum standards set forth in section
5404. Such list shall include a brief description of each such
country's progress or justification for being on such list.
(b) Classified List.--The Secretary of State shall provide to the
appropriate congressional committees a classified list of countries
where the government is making limited or no efforts to comply with
minimum standards set forth in section 5404, and are not achieving
meaningful progress on combating corruption. Such list shall include a
brief description of each country's lack of progress or justification
for being on such list.
(c) Annual Update.--The Secretary of State shall provide an annual
update in a classified setting to the appropriate congressional
committees on the United States Government's efforts to fight against
corruption. This update should include an overview of the key obstacles
to combating corruption and present near-term and long-term strategies.
(d) Implementation and Timing.--
(1) Deadline.--The publication and submission of the lists and
the annual update required by subsections (a), (b), and (c) shall
be completed not later than 2 years after the date of the enactment
of this Act, and annually thereafter for seven years.
(2) Report on methodology.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report detailing the
methodology developed to assign countries to either the public list
or the classified list and a proposed budget for preparing the
first set of lists during the subsequent year.
(e) Exception to Publication.--The Secretary may, in specific
instances where the Secretary determines the inclusion of specific
countries on the public list required by subsection (a) would not be in
the national interests of the United States, submit the information
required by subsection (a) about such specific countries in a
classified manner in writing to the appropriate congressional
committees, together with a justification for why publication would not
be in the national interest. The justification, if applicable, shall be
submitted the same date as the public list required by subsection (a).
SEC. 5404. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND
ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION.
(a) In General.--The government of a country is complying with the
minimum standards for the elimination of corruption if the government--
(1) has enacted and implemented laws and established government
structures, policies, and practices that prohibit corruption,
including significant corruption;
(2) enforces the laws described in paragraph (1) by punishing
any person who is found, through a fair judicial process, to have
violated such laws;
(3) prescribes punishment for significant corruption that is
commensurate with the punishment prescribed for serious crimes; and
(4) is making serious and sustained efforts to address
corruption, including through prevention.
(b) Factors for Assessing Government Efforts To Combat
Corruption.--In determining whether a government is making serious and
sustained efforts to address corruption, the Secretary of State shall
consider, to the extent relevant or appropriate, factors such as--
(1) whether the government of the country has criminalized
corruption, investigates and prosecutes acts of corruption, and
convicts and sentences persons responsible for such acts over which
it has jurisdiction, including, as appropriate, incarcerating
individuals convicted of such acts;
(2) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public officials
who participate in or facilitate corruption, including nationals of
the country who are deployed in foreign military assignments, trade
delegations abroad, or other similar missions, who engage in or
facilitate significant corruption;
(3) whether the government of the country has adopted measures
to prevent corruption, such as measures to inform and educate the
public, including potential victims, about the causes and
consequences of corruption;
(4) what steps the government of the country has taken to
prohibit government officials from participating in, facilitating,
or condoning corruption, including the investigation, prosecution,
and conviction of such officials;
(5) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil society
organizations and other institutions to combat corruption,
including reporting, investigating, and monitoring;
(6) whether an independent judiciary or judicial body in the
country is responsible for, and effectively capable of, deciding
corruption cases impartially, on the basis of facts and in
accordance with the law, without any improper restrictions,
influences, inducements, pressures, threats, or interferences
(direct or indirect);
(7) whether the government of the country is assisting in
international investigations of transnational corruption networks
and in other cooperative efforts to combat significant corruption,
including, as appropriate, cooperating with the governments of
other countries to extradite corrupt actors;
(8) whether the government of the country recognizes the rights
of victims of corruption, ensures their access to justice, and
takes steps to prevent victims from being further victimized or
persecuted by corrupt actors, government officials, or others;
(9) whether the government of the country protects victims of
corruption or whistleblowers from reprisal due to such persons
having assisted in exposing corruption, and refrains from other
discriminatory treatment of such persons;
(10) whether the government of the country is willing and able
to recover and, as appropriate, return the proceeds of corruption;
(11) whether the government of the country is taking steps to
implement financial transparency measures in line with the
Financial Action Task Force recommendations, including due
diligence and beneficial ownership transparency requirements;
(12) whether the government of the country is facilitating
corruption in other countries in connection with state-directed
investment, loans or grants for major infrastructure, or other
initiatives; and
(13) such other information relating to corruption as the
Secretary of State considers appropriate.
(c) Assessing Government Efforts to Combat Corruption in Relation
to Relevant International Commitments.--In determining whether a
government is making serious and sustained efforts to address
corruption, the Secretary of State shall consider the government of a
country's compliance with the following, as relevant:
(1) The Inter-American Convention against Corruption of the
Organization of American States, done at Caracas March 29, 1996.
(2) The Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation of Economic Co-operation and Development, done at
Paris December 21, 1997 (commonly referred to as the ``Anti-Bribery
Convention'').
(3) The United Nations Convention against Transnational
Organized Crime, done at New York November 15, 2000.
(4) The United Nations Convention against Corruption, done at
New York October 31, 2003.
(5) Such other treaties or conventions ratified by the United
States as the Secretary of State considers appropriate.
SEC. 5405. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS
ACCOUNTABILITY ACT.
(a) In General.--The Secretary of State, in consultation with the
Secretary of the Treasury, should evaluate whether there are foreign
persons engaged in significant corruption for the purposes of potential
imposition of sanctions under the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-328; 22
U.S.C. 10101 et seq.)--
(1) in all countries identified pursuant to section 5403(b);
and
(2) in relation to the planning or construction or any
operation of the Nord Stream 2 pipeline.
(b) Report Required.--Not later than 180 days after providing the
list required by section 5403(b), and annually thereafter, the
Secretary of State shall submit to the appropriate congressional
committees a report that includes--
(1) a list of foreign persons with respect to which the
President imposed sanctions pursuant to the evaluation under
subsection (a);
(2) the dates on which such sanctions were imposed;
(3) the reasons for imposing such sanctions; and
(4) a list of all foreign persons that have engaged in
significant corruption in relation to the planning, construction,
or operation of the Nord Stream 2 pipeline.
(c) Form of Report.--Each report required by subsection (b) shall
be submitted in unclassified form but may include a classified annex.
(d) Briefing in Lieu of Report.--The Secretary of State, in
consultation with the Secretary of the Treasury, may, instead of
submitting a written report required under subsection (b) (except with
respect to the list required by subsection (b)(4)), provide to the
appropriate congressional committees a briefing, together with a
written justification, if doing so would better serve the national
interests of the United States.
(e) Termination of Requirements Relating to Nord Stream 2.--The
requirements under subsections (a)(2) and (b)(4) shall terminate on the
date that is 5 years after the date of the enactment of this Act.
SEC. 5406. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary of State shall annually designate an
anti-corruption point of contact at the United States diplomatic post
to each country identified pursuant to section 5403(b), or which the
Secretary otherwise determines is in need of such a point of contact.
The point of contact shall be the chief of mission or the chief of
mission's designee.
(b) Responsibilities.--Each anti-corruption point of contact
designated under subsection (a) shall be responsible for enhancing
coordination and promoting the implementation of a whole-of-government
approach among the relevant Federal departments and agencies
undertaking efforts to--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries--
(A) to combat public corruption; and
(B) to develop and implement corruption risk assessment
tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement appropriate
training for anti-corruption points of contact designated under
subsection (a).
Subtitle B--Other Matters
SEC. 5411. GLOBAL COOPERATIVE FRAMEWORK TO END HUMAN RIGHTS ABUSES IN
SOURCING CRITICAL MINERALS.
(a) In General.--The Secretary of State shall seek to convene a
meeting of foreign leaders to establish a multilateral framework to end
human rights abuses, including the exploitation of forced labor and
child labor, related to the mining and sourcing of critical minerals.
(b) Implementation Report.--The Secretary shall lead the
development of an annual global report on the implementation of the
framework under subsection (a), including progress and recommendations
to fully end human rights abuses, including the exploitation of forced
labor and child labor, related to the extraction of critical minerals
around the world.
(c) Consultations.--The Secretary shall consult closely on a timely
basis with the following with respect to developing and implementing
the framework under subsection (a):
(1) The Forced Labor Enforcement Task Force established under
section 741 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4681); and
(2) Congress.
(d) Relationship to United States Law.--Nothing in the framework
under subsection (a) shall be construed--
(1) to amend or modify any law of the United States; or
(2) to limit any authority conferred under any law of the
United States.
(e) Extractive Industries Transparency Initiative and Certain
Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection
Act.--Nothing in this section shall--
(1) affect the authority of the President to take any action to
join and subsequently comply with the terms and obligations of the
Extractive Industries Transparency Initiative (EITI); or
(2) affect section 1502 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (15 U.S.C. 78m note), or subsection (q)
of section 13 of the Securities Exchange Act of 1934 (15 U.S.C.
78m), as added by section 1504 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (Public Law 111-203; 124 Stat. 2220),
or any rule prescribed under either such section.
(f) Critical Mineral Defined.--In this section, the term ``critical
mineral'' has the meaning given the term in section 7002(a) of the
Energy Act of 2020 (30 U.S.C. 1606(a)).
SEC. 5412. CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND
NATIONAL EMPOWERMENT.
(a) Short Title.--This section may be cited as the ``Connecting
Oceania's Nations with Vanguard Exercises and National Empowerment Act
of 2023'' or the ``CONVENE Act of 2023''.
(b) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate;
(B) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(C) the congressional defense committees.
(2) National security council.--The term ``national security
council'' means, with respect to a specified country, an
intergovernmental body under the jurisdiction of the freely elected
government of the specified country that acts as the primary
coordinating entity for security cooperation, disaster response,
and the activities described in subsection (c)(5).
(3) Specified country.--The term ``specified country'' means--
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
(c) National Security Councils of Specified Countries.--
(1) In general.--The Secretary of State, in consultation with
other relevant Federal departments and agencies, as appropriate,
may consult and engage with each specified country to advise and
provide assistance to a national security council (including by
developing a national security council, if appropriate), or to
identify a similar coordinating body for national security matters,
comprised of citizens of the specified country--
(A) that enables the specified country--
(i) to better coordinate with the United States
Government, including the Armed Forces, as appropriate;
(ii) to increase cohesion on activities, including
emergency humanitarian response, law enforcement, and
maritime security activities; and
(iii) to provide trained professionals to serve as
members of the committees of the specified country
established under the applicable Compact of Free
Association; and
(B) for the purpose of enhancing resilience capabilities
and protecting the people, infrastructure, and territory of the
specified country from malign actions.
(2) Composition.--The Secretary of State, respecting the unique
needs of each specified country, may seek to ensure that the
national security council, or other identified coordinating body,
of the specified country is composed of sufficient staff and
members to enable the activities described in paragraph (5).
(3) Standards for equipment and services.--The Secretary of
State may work with the national security council, or other
identified coordinating body, of each specified country to ensure
that--
(A) the equipment and services used by the national
security council or other identified coordinating body are
compliant with security standards so as to minimize the risk of
cyberattacks or espionage;
(B) the national security council or other identified
coordinating body takes all reasonable efforts not to procure
or use systems, equipment, or software that originates from any
entity identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
(10 U.S.C. 113 note); and
(C) to the extent practicable, the equipment and services
used by the national security council or other identified
coordinating body are interoperable with the equipment and
services used by the national security councils, or other
identified coordinating bodies, of the other specified
countries.
(4) Report on implementation.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 2 years,
the Secretary of State shall submit to the appropriate
committees of Congress a report that includes--
(i) an assessment as to whether a national security
council or a similar formal coordinating body is helping or
would help achieve the objectives described in paragraph
(1) at acceptable financial and opportunity cost;
(ii) a description of all actions taken by the United
States Government to assist in the identification or
maintenance of a national security council, or other
identified coordinating body, in each specified country;
(iii) with respect to each specified country, an
assessment as to whether--
(I) the specified country has appropriately staffed
its national security council or other identified
coordinating body; and
(II) the extent to which the national security
council, or other identified coordinating body, of the
specified country is capable of carrying out the
activities described in paragraph (5);
(iv) an assessment of--
(I) any challenge to cooperation and coordination
with the national security council, or other identified
coordinating body, of any specified country;
(II) current efforts by the Secretary of State to
coordinate with the specified countries on the
activities described in paragraph (5); and
(III) existing governmental entities within each
specified country that are capable of supporting such
activities;
(v) a description of any challenge with respect to--
(I) the implementation of the national security
council, or other identified coordinating body, of any
specified country; and
(II) the implementation of paragraphs (1) through
(3);
(vi) an assessment of any attempt or campaign by a
malign actor to influence the political, security, or
economic policy of a specified country, a member of a
national security council or other identified coordinating
body, or an immediate family member of such a member; and
(vii) any other matter the Secretary of State considers
relevant.
(B) Form.--Each report required by subparagraph (A) may be
submitted in unclassified form and may include a classified
annex.
(5) Activities described.--The activities described in this
subsection are the following homeland security activities:
(A) Coordination of--
(i) the prosecution and investigation of transnational
criminal enterprises;
(ii) responses to national emergencies, such as natural
disasters;
(iii) counterintelligence and counter- coercion
responses to foreign threats; and
(iv) efforts to combat illegal, unreported, or
unregulated fishing.
(B) Coordination with United States Government officials on
humanitarian response, military exercises, law enforcement, and
other issues of security concern.
(C) Identification and development of an existing
governmental entity to support homeland defense and civil
support activities.
SEC. 5413. ENDING CHINA'S DEVELOPING NATION STATUS.
(a) Finding; Statement of Policy.--
(1) Finding.--Congress finds that the People's Republic of
China is still classified as a developing nation under multiple
treaties and international organization structures, even though
China has grown to be the second largest economy in the world.
(2) Statement of policy.--It is the policy of the United
States--
(A) to oppose the labeling or treatment of the People's
Republic of China as a developing nation in current and future
treaty negotiations and in each international organization of
which the United States and the People's Republic of China are
both current members;
(B) to pursue the labeling or treatment of the People's
Republic of China as a developed nation in each international
organization of which the United States and the People's
Republic of China are both current members; and
(C) to work with allies and partners of the United States
to implement the policies described in subparagraphs (A) and
(B).
(b) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives with respect to subsection (c); and
(B) the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives
with respect to subsection (d).
(2) The term ``OECD'' means the Organisation for Economic Co-
operation and Development.
(3) The term ``Secretary'' means the Secretary of State.
(4) The term ``WTO'' means the World Trade Organization.
(c) Duties of the Secretary.--
(1) Report on development status in current treaty
negotiations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate committees of Congress that--
(A) identifies all current treaty negotiations in which--
(i) the proposed treaty would provide for different
treatment or standards for enforcement of the treaty based
on respective development status of the states that are
party to the treaty; and
(ii) the People's Republic of China is actively
participating in the negotiations, or it is reasonably
foreseeable that the People's Republic of China would seek
to become a party to the treaty; and
(B) for each treaty negotiation identified pursuant to
subparagraph (A), describes how the treaty under negotiation
would provide different treatment or standards for enforcement
of the treaty based on development status of the states
parties.
(2) Report on development status in existing organizations and
treaties.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
committees of Congress that--
(A) identifies all international organizations or treaties
of which the United States is a member, that provide different
treatment or standards for enforcement based on the respective
development status of the member states or states parties;
(B) describes the mechanisms for changing the country
designation for each relevant treaty or organization; and
(C) for each of the organizations or treaties identified
pursuant to subparagraph (A)--
(i) includes a list of countries that--
(I) are labeled as developing nations or receive
the benefits of a developing nation under the terms of
the organization or treaty; and
(II) meet the World Bank classification for upper
middle income or high-income countries; and
(ii) describes how the organization or treaty provides
different treatment or standards for enforcement based on
development status of the member states or states parties.
(3) Mechanisms for changing development status.--
(A) In general.--In any international organization of which
the United States and the People's Republic of China are both
current members, the Secretary, in consultation with allies and
partners of the United States, shall pursue--
(i) changing the status of the People's Republic of
China from developing nation to developed nation if a
mechanism exists in such organization to make such status
change; or
(ii) the development of a mechanism described in clause
(i) to change the status of the People's Republic of China
in such organization from developing nation to developed
nation.
(B) Waiver.--The President may waive the application of
clause (i) or (ii) of subparagraph (A) with respect to any
international organization if the President notifies the
appropriate committees of Congress that such a waiver is in the
national interests of the United States.
(4) Exception.--This subsection shall not apply to the WTO or
any treaty identified in subsection (d).
(d) Duties of the United States Trade Representative.--
(1) Report on special and differential treatment at the world
trade organization.--Not later than 180 days after the date of the
enactment of this Act, the United States Trade Representative shall
submit a report to the appropriate committees of Congress that--
(A) identifies each provision of a WTO agreement that
provides for special and differential treatment based on the
self-declared development status of WTO members, including the
People's Republic of China;
(B) identifies--
(i) all current multilateral negotiations at the WTO in
which proposed negotiating text would provide for special
and differential treatment for WTO members; and
(ii) all current plurilateral negotiations at the WTO
in which the People's Republic of China is actively
participating, or it is reasonably foreseeable that the
People's Republic of China would seek to become a party to
the agreement, in which proposed negotiating text would
provide for special and differential treatment for WTO
members;
(C) for each negotiation identified pursuant to
subparagraph (B), describes how the draft provisions as of the
date of the report would provide different treatment or
standards for enforcement based on the self-declared
development status of WTO members;
(D) includes a list of WTO members that--
(i) self-declare as developing country WTO members;
(ii) meet the World Bank classification for upper
middle-income or high-income countries; and
(iii)(I) are members of, or applicants to, the OECD; or
(II) account for not less than 0.5 percent of
global merchandise trade annually for each of the most
recently completed 5 calendar years; and
(E) describes how the WTO provides different treatment or
standards for enforcement based on the self-declared
development status of the WTO members.
(2) Sense of congress on mechanisms for changing special and
differential treatment at the world trade organization.--It is the
sense of Congress that the United States Trade Representative, in
consultation with allies and partners of the United States,
should--
(A) oppose the use of special and differential treatment by
the People's Republic of China at the WTO;
(B) work to preclude the People's Republic of China from
being eligible to use special and differential treatment in
future WTO agreements; and
(C) work to set appropriate thresholds, based on objective
criteria, for determining each country's eligibility for
special and differential treatment in current and future WTO
negotiations, consistent with subparagraphs (A) and (B).
SEC. 5414. PERMITTING FOR INTERNATIONAL BRIDGES.
The International Bridge Act of 1972 (33 U.S.C. 535 et seq.) is
amended by inserting after section 5 the following:
``SEC. 6. PERMITTING FOR INTERNATIONAL BRIDGES.
``(a) Definitions.--In this section:
``(1) Eligible applicant.--The term `eligible applicant' means
an entity that has submitted an application for a Presidential
permit during the period beginning on December 1, 2020, and ending
on December 31, 2024, for any of the following:
``(A) 1 or more international bridges in Webb County,
Texas.
``(B) An international bridge in Cameron County, Texas.
``(C) An international bridge in Maverick County, Texas.
``(2) Presidential permit.--
``(A) In general.--The term `Presidential permit' means--
``(i) an approval by the President to construct,
maintain, and operate an international bridge under section
4; or
``(ii) an approval by the President to construct,
maintain, and operate an international bridge pursuant to a
process described in Executive Order 13867 (84 Fed. Reg.
15491; relating to Issuance of Permits With Respect to
Facilities and Land Transportation Crossings at the
International Boundaries of the United States) (or any
successor Executive Order).
``(B) Inclusion.--The term `Presidential permit' includes
an amendment to an approval described in clause (i) or (ii) of
subparagraph (A).
``(3) Secretary.--The term `Secretary' means the Secretary of
State.
``(b) Application.--An eligible applicant for a Presidential permit
to construct, maintain, and operate an international bridge shall
submit an application for the permit to the Secretary.
``(c) Recommendation.--
``(1) In general.--Not later than 60 days after the date on
which the Secretary receives an application under subsection (b),
the Secretary shall make a recommendation to the President--
``(A) to grant the Presidential permit; or
``(B) to deny the Presidential permit.
``(2) Consideration.--The basis for a recommendation under
paragraph (1) shall be whether the international bridge is in the
foreign policy interests of the United States.
``(d) Presidential Action.--
``(1) In general.--The President shall grant or deny the
Presidential permit for an application under subsection (b) by not
later than 60 days after the earlier of--
``(A) the date on which the Secretary makes a
recommendation under subsection (c)(1); and
``(B) the date on which the Secretary is required to make a
recommendation under subsection (c)(1).
``(2) No action.--
``(A) In general.--Subject to subparagraph (B), if the
President does not grant or deny the Presidential permit for an
application under subsection (b) by the deadline described in
paragraph (1), the Presidential permit shall be considered to
have been granted as of that deadline.
``(B) Requirement.--As a condition on a Presidential permit
considered to be granted under subparagraph (A), the eligible
applicant shall complete all applicable environmental documents
required pursuant to Public Law 91-190 (42 U.S.C. 4321 et
seq.).
``(e) Document Requirements.--Notwithstanding any other provision
of law, the Secretary shall not require an eligible applicant for a
Presidential permit--
``(1) to include in the application under subsection (b)
environmental documents prepared pursuant to Public Law 91-190 (42
U.S.C. 4321 et seq.); or
``(2) to have completed any environmental review under Public
Law 91-190 (42 U.S.C. 4321 et seq.) prior to the President granting
a Presidential permit under subsection (d).
``(f) Rules of Construction.--Nothing in this section--
``(1) prohibits the President from granting a Presidential
permit conditioned on the eligible applicant completing all
environmental documents pursuant to Public Law 91-190 (42 U.S.C.
4321 et seq.) and complying with relevant laws;
``(2) prohibits the Secretary from requesting a list of all
permits and approvals from Federal, State, and local agencies that
the eligible applicant believes are required in connection with the
international bridge, or a brief description of how those permits
and approvals will be acquired prior to making a recommendation to
the President;
``(3) exempts an eligible applicant from the requirement to
complete all environmental documents pursuant to Public Law 91-190
(42 U.S.C. 4321 et seq.) prior to construction of an international
bridge; or
``(4) exempts an eligible applicant from complying with Public
Law 91-190 (42 U.S.C. 4321 et seq.) or any other law.''.
TITLE LV--EDUCATION AND WORKFORCE MATTERS
Sec. 5501. Amendments to the Energy Employees Occupational Illness
Compensation Program Act of 2000.
SEC. 5501. AMENDMENTS TO THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM ACT OF 2000.
(a) Short Title.--This section may be cited as the ``Beryllium
Testing Fairness Act''.
(b) Modification of Demonstration of Beryllium Sensitivity.--
Section 3621(8)(A) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384l(8)(A)) is amended--
(1) by striking ``established by an abnormal'' and inserting
the following: ``established by--
``(i) an abnormal'';
(2) by striking the period at the end and inserting ``; or'';
and
(3) by adding at the end the following:
``(ii) three borderline beryllium lymphocyte
proliferation tests performed on blood cells over a period
of 3 years.''.
(c) Extension of Advisory Board on Toxic Substances and Worker
Health.--Section 3687(j) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-16(j)) is amended by
striking ``10 years'' and inserting ``15 years''.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Sec. 5601. Extension of prohibition on provision of airport improvement
grant funds to certain entities that have violated
intellectual property rights of United States entities.
Sec. 5602. Nogales wastewater improvement.
Sec. 5603. International Port Security Enforcement Act.
SEC. 5601. EXTENSION OF PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT
GRANT FUNDS TO CERTAIN ENTITIES THAT HAVE VIOLATED INTELLECTUAL
PROPERTY RIGHTS OF UNITED STATES ENTITIES.
Subsections (a) and (c)(2)(B) of section 10003 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4864) are each amended by striking
``2023'' and inserting ``2024''.
SEC. 5602. NOGALES WASTEWATER IMPROVEMENT.
(a) Amendment to the Act of July 27, 1953.--The first section of
the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-
10), is amended by striking the period at the end and inserting ``:
Provided further, That such equitable proportion shall consist only of
the costs directly associated with the treatment and conveyance of the
wastewater of the city and, to the extent practicable, shall not
include any costs directly associated with the quality or quantity of
wastewater originating in Mexico.''.
(b) Nogales Sanitation Project.--
(1) Definitions.--In this subsection:
(A) City.--The term ``City'' means the City of Nogales,
Arizona.
(B) Commission.--The term ``Commission'' means the United
States Section of the International Boundary and Water
Commission.
(C) International outfall interceptor.--The term
``International Outfall Interceptor'' means the pipeline that
conveys wastewater from the United States-Mexico border to the
Nogales International Wastewater Treatment Plant.
(D) Nogales international wastewater treatment plant.--The
term ``Nogales International Wastewater Treatment Plant'' means
the wastewater treatment plant that--
(i) is operated by the Commission;
(ii) is located in Rio Rico, Santa Cruz County,
Arizona, after manhole 99; and
(iii) treats wastewater originating from--
(I) Nogales, Sonora, Mexico; and
(II) Nogales, Arizona.
(E) Nogales sanitation project.--The term ``Nogales
sanitation project'' means--
(i) the International Outfall Interceptor; and
(ii) the Nogales International Wastewater Treatment
Plant.
(2) Ownership and control.--
(A) In general.--The Commission shall assume full ownership
and control of the International Outfall Interceptor on the
date on which--
(i) the City has conveyed, without consideration, all
right, title, and interest of the City in the International
Outfall Interceptor to the Commission;
(ii) all memoranda and agreements necessary for the
Commission to operate and maintain the International
Outfall Interceptor, as described in subparagraph (B), have
been entered into; and
(iii) a total of $12,500,000 has been appropriated
pursuant to paragraph (3) or otherwise secured by the
Commission for use in carrying out such paragraph.
(B) Agreements.--In accordance with the Act of July 27,
1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-10 et seq.), as
amended by this section, the Commission shall, with respect to
each applicable governing body in the State of Arizona,
including the City, seek to enter into--
(i) a memorandum of understanding granting to the
Commission access to existing easements for a right of
entry to the International Outfall Interceptor for the life
of the International Outfall Interceptor;
(ii) an agreement with respect to the flows entering
the International Outfall Interceptor that are controlled
by the City; and
(iii) an agreement to work in good faith to
expeditiously enter into such other agreements as are
necessary for the Commission to operate and maintain the
International Outfall Interceptor.
(3) Operation and maintenance.--
(A) In general.--Beginning on the date on which the
Commission assumes full ownership and control of the
International Outfall Interceptor under paragraph (2), the
Commission shall carry out the operation and maintenance of the
International Outfall Interceptor.
(B) Authorization of appropriations.--There are authorized
to be appropriated to the Commission to carry out this
paragraph $12,500,000 for the period of fiscal years 2025
through 2029, to remain available until expended.
(4) Debris screen.--
(A) Debris screen required.--
(i) In general.--The Commission shall construct,
operate, and maintain a debris screen, in coordination with
other relevant Federal agencies, at manhole 1 of the
International Outfall Interceptor for intercepting debris
and drug bundles coming to the United States from Nogales,
Sonora, Mexico.
(ii) Requirement.--The Commission and the Commissioner
of U.S. Customs and Border Protection shall coordinate the
construction, operation, and maintenance of the debris
screen under clause (i), including for purposes of the
removal of drug bundles and other illicit goods caught in
the debris screen.
(B) Authorization of appropriations.--There are authorized
to be appropriated to the Commission, to remain available until
expended--
(i) for fiscal year 2025--
(I) $8,000,000 for construction of the debris
screen described in subparagraph (A)(i); and
(II) not less than $1,000,000 for the operation and
maintenance of the debris screen described in
subparagraph (A)(i); and
(ii) not less than $1,000,000 for each of fiscal years
2026 through 2029 for the operation and maintenance of the
debris screen described in subparagraph (A)(i).
(5) Limitation of claims.--Chapter 171 and section 1346(b) of
title 28, United States Code (commonly known as the ``Federal Tort
Claims Act''), shall not apply to any claim arising from the
activities of the Commission in carrying out this subsection,
including any claim arising from damages that result from overflow
of the International Outfall Interceptor due to excess inflow to
the International Outfall Interceptor originating from Nogales,
Sonora, Mexico.
(c) International Treaty.--Not later than six months after the date
of enactment of this section, the Commission shall seek to initiate
negotiations with Mexico for a new Treaty Minute or a modification of
Treaty Minute 227 to address, at a minimum, the following:
(1) Joint operation and maintenance responsibilities of the
International Outfall Interceptor.
(2) Capacity usage of wastewater flows from the United States
and Mexico through the International Outfall Interceptor.
(3) Payment for excess wastewater flows through the
International Outfall Interceptor emanating from the Nogales,
Sonora, Mexico area.
(4) Any terms and conditions considered necessary to support
proportional use and maintenance of the International Outfall
Interceptor.
(d) Report.--Not later than one year after the date of enactment of
this section, and each year thereafter, the Commission shall submit to
the Committee on Foreign Relations of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) an operation and maintenance plan, or a description of the
status of such plan, developed by the Commission and other relevant
agencies, for the debris screen required under subsection
(b)(4)(A);
(2) a description of any operation and maintenance issues of
the Nogales sanitation project, including relating to transnational
criminal activity;
(3) an update on efforts by the Commission to renegotiate an
existing Treaty Minute or develop a new Treaty Minute pursuant to
subsection (c); and
(4) an accounting of all outstanding or overdue payments from
Mexico or the City for the processing and conveyance of wastewater
through the Nogales sanitation project.
(e) Effective Date.--Subsections (a) and (b) (including the
amendments made by such subsections) shall take effect on October 1,
2024.
SEC. 5603. INTERNATIONAL PORT SECURITY ENFORCEMENT ACT.
Section 70108 of title 46, United States Code, is amended--
(1) in subsection (f)--
(A) in paragraph (1), by striking ``provided that'' and all
that follows and inserting the following: ``if--''
``(A) the Secretary certifies that the foreign government
or international organization--
``(i) has conducted the assessment in accordance with
subsection (b); and
``(ii) has provided the Secretary with sufficient
information pertaining to its assessment (including
information regarding the outcome of the assessment); and
``(B) the foreign government that conducted the assessment
is not a state sponsor of terrorism (as defined in section
3316(h)).''; and
(B) by amending paragraph (3) to read as follows:
``(3) Limitations.--Nothing in this section may be construed--
``(A) to require the Secretary to treat an assessment
conducted by a foreign government or an international
organization as an assessment that satisfies the requirement
under subsection (a);
``(B) to limit the discretion or ability of the Secretary
to conduct an assessment under this section;
``(C) to limit the authority of the Secretary to repatriate
aliens to their respective countries of origin; or
``(D) to prevent the Secretary from requesting security and
safety measures that the Secretary considers necessary to
safeguard Coast Guard personnel during the repatriation of
aliens to their respective countries of origin.''; and
(2) by adding at the end the following:
``(g) State Sponsors of Terrorism and International Terrorist
Organizations.--The Secretary--
``(1) may not enter into an agreement under subsection (f)(2)
with--
``(A) a foreign government that is a state sponsor of
terrorism (as defined in section 3316(h)); or
``(B) an entity designated by the Secretary of State as a
foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); and
``(2) shall--
``(A) deem any port that is under the jurisdiction of a
foreign government that is a state sponsor of terrorism as not
having effective antiterrorism measures for purposes of this
section and section 70109; and
``(B) immediately apply the sanctions described in section
70110(a) to such port.''.
TITLE LVII--ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023
Sec. 5701. Short title.
Sec. 5702. Appointment and term of service of Architect of the Capitol.
Sec. 5703. Appointment of Deputy Architect of the Capitol; vacancy in
Architect or Deputy Architect.
Sec. 5704. Deputy Architect of the Capitol to serve as acting in case of
absence, disability, or vacancy.
SEC. 5701. SHORT TITLE.
This title may be cited as the ``Architect of the Capitol
Appointment Act of 2023''.
SEC. 5702. APPOINTMENT AND TERM OF SERVICE OF ARCHITECT OF THE CAPITOL.
(a) Appointment.--The Architect of the Capitol shall be appointed,
without regard to political affiliation and solely on the basis of
fitness to perform the duties of the office, upon a majority vote of a
congressional commission (referred to in this section as the
``commission'') consisting of the Speaker of the House of
Representatives, the majority leader of the Senate, the minority
leaders of the House of Representatives and Senate, the chair and
ranking minority member of the Committee on Appropriations of the House
of Representatives, the chairman and ranking minority member of the
Committee on Appropriations of the Senate, the chair and ranking
minority member of the Committee on House Administration of the House
of Representatives, and the chairman and ranking minority member of the
Committee on Rules and Administration of the Senate.
(b) Term of Service.--The Architect of the Capitol shall be
appointed for a term of 10 years and, upon a majority vote of the
members of the commission, may be reappointed for additional 10-year
terms.
(c) Removal.--The Architect of the Capitol may be removed from
office at any time upon a majority vote of the members of the
commission.
(d) Conforming Amendments.--
(1) Section 319 of the Legislative Branch Appropriations Act,
1990 (2 U.S.C. 1801) is repealed.
(2) The matter under the heading ``For the Capitol:'' under the
heading ``DEPARTMENT OF THE INTERIOR.'' of the Act of February 14,
1902 (32 Stat. 19, chapter 17; incorporated in 2 U.S.C. 1811) is
amended by striking ``, and he shall be appointed by the
President''.
(e) Effective Date.--This section, and the amendments made by this
section, shall apply with respect to appointments made on or after the
date of enactment of this Act.
SEC. 5703. APPOINTMENT OF DEPUTY ARCHITECT OF THE CAPITOL; VACANCY IN
ARCHITECT OR DEPUTY ARCHITECT.
Section 1203 of title I of division H of the Consolidated
Appropriations Resolution, 2003 (2 U.S.C. 1805) is amended--
(1) in subsection (a)--
(A) by inserting ``(in this section referred to as the
`Architect')'' after ``The Architect of the Capitol''; and
(B) by inserting ``(in this section referred to as the
`Deputy Architect')'' after ``Deputy Architect of the
Capitol'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Deadline.--The Architect shall appoint a Deputy Architect
under subsection (a) not later than 120 days after--
``(1) the date on which the Architect is appointed under
section 5702 of the Architect of the Capitol Appointment Act of
2023, if there is no Deputy Architect on the date of the
appointment; or
``(2) the date on which a vacancy arises in the office of the
Deputy Architect.'';
(4) in subsection (c), as so redesignated, by striking ``of the
Capitol'' each place it appears; and
(5) by adding at the end the following:
``(d) Failure to Appoint.--If the Architect does not appoint a
Deputy Architect on or before the applicable date specified in
subsection (b), the congressional commission described in section
5702(a) of the Architect of the Capitol Appointment Act of 2023 shall
appoint the Deputy Architect by a majority vote of the members of the
commission.
``(e) Notification.--If the position of Deputy Architect becomes
vacant, the Architect shall immediately notify the members of the
congressional commission described in section 5702(a) of the Architect
of the Capitol Appointment Act of 2023.''.
SEC. 5704. DEPUTY ARCHITECT OF THE CAPITOL TO SERVE AS ACTING IN CASE
OF ABSENCE, DISABILITY, OR VACANCY.
(a) In General.--The Deputy Architect of the Capitol (in this
section referred to as the ``Deputy Architect'') shall act as Architect
of the Capitol (in this section referred to as the ``Architect'') if
the Architect is absent or disabled or there is no Architect.
(b) Absence, Disability, or Vacancy in Office of Deputy
Architect.--For purposes of subsection (a), if the Deputy Architect is
also absent or disabled or there is no Deputy Architect, the
congressional commission described in section 5702(a) shall designate,
by a majority vote of the members of the commission, an individual to
serve as acting Architect until--
(1) the end of the absence or disability of the Architect or
the Deputy Architect; or
(2) in the case of vacancies in both positions, an Architect
has been appointed under section 5702(a).
(c) Authority.--An officer serving as acting Architect under
subsection (a) or (b) shall perform all the duties and exercise all the
authorities of the Architect, including the authority to delegate the
duties and authorities of the Architect in accordance with the matter
under the heading ``Office of the Architect of the Capitol'' under the
heading ``ARCHITECT OF THE CAPITOL'' of the Legislative Appropriation
Act, 1956 (2 U.S.C. 1803).
(d) Conforming Amendment.--The matter under the heading
``salaries'' under the heading ``Office of the Architect of the
Capitol'' under the heading ``ARCHITECT OF THE CAPITOL'' of the
Legislative Branch Appropriation Act, 1971 (2 U.S.C. 1804) is amended
by striking ``: Provided,'' and all that follows through ``no
Architect''.
TITLE LVIII--FINANCIAL SERVICES MATTERS
Sec. 5801. Assessment of gifts and grants to United States institutions
of higher education from entities on the Non-SDN Chinese
Military-Industrial Complex Companies List.
SEC. 5801. ASSESSMENT OF GIFTS AND GRANTS TO UNITED STATES INSTITUTIONS
OF HIGHER EDUCATION FROM ENTITIES ON THE NON-SDN CHINESE MILITARY-
INDUSTRIAL COMPLEX COMPANIES LIST.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall submit to
the appropriate congressional committees an assessment of gifts and
grants to United States institutions of higher education from entities
on the Non-SDN Chinese Military-Industrial Complex Companies List
maintained by the Office of Foreign Assets Control.
(b) Elements.--The Secretary, in consultation with the Secretary of
Education, shall include in the assessment required by subsection (a)
an estimate of--
(1) a list and description of each of the gifts and grants
provided to United States institutions of higher education by
entities described in subsection (a); and
(2) the monetary value of each of those gifts and grants.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Health, Education, Labor, and Pensions of
the Senate; and
(B) the Committee on Financial Services and the Committee
on Education and the Workforce of the House of Representatives.
(2) The term ``gifts and grants'' includes financial
contributions, material donations, provision of services,
scholarships, fellowships, research funding, infrastructure
investment, contracts, or any other form of support that provides a
benefit to the recipient institution.
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Department of
State Authorization Act of 2023''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
Sec. 6101. Special hiring authority for passport services.
Sec. 6102. Quarterly report on passport wait times.
Sec. 6103. Passport travel advisories.
Sec. 6104. Strategy to ensure access to passport services for all
Americans.
Sec. 6105. Strengthening the National Passport Information Center.
Sec. 6106. Strengthening passport customer visibility and transparency.
Sec. 6107. Annual Office of Authentications report.
Sec. 6108. Publication and updates of estimated time for processing of
passport applications.
Sec. 6109. Authority to designate additional passport acceptance agents.
Sec. 6110. Notification of passport expiration.
Sec. 6111. Use of commercially available technology in online passport
renewal program.
Sec. 6112. Electronic payment for passport application fees.
Sec. 6113. Agreements with foreign countries regarding passports nearing
expiration.
Sec. 6114. Passport fee exception for search, rescue, and other related
disaster relief operations.
Sec. 6115. Increased accountability in assignment restrictions and
reviews.
Sec. 6116. Suitability reviews for Foreign Service Institute
instructors.
Sec. 6117. Diplomatic security fellowship programs.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
Sec. 6201. Adjustment to promotion precepts.
Sec. 6202. Hiring authorities.
Sec. 6203. Extending paths to service for paid student interns.
Sec. 6204. Lateral Entry Program.
Sec. 6205. Mid-Career Mentoring Program.
Sec. 6206. Report on the Foreign Service Institute's language program.
Sec. 6207. Consideration of career civil servants as chiefs of missions.
Sec. 6208. Civil service rotational program.
Sec. 6209. Reporting requirement on chiefs of mission.
Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.
Sec. 6211. Efforts to improve retention and prevent retaliation.
Sec. 6212. National advertising campaign.
Sec. 6213. Expansion of diplomats in residence programs.
Subtitle B--Pay, Benefits, and Workforce Matters
Sec. 6221. Education allowance.
Sec. 6222. Improving mental health services for foreign and civil
servants.
Sec. 6223. Emergency back-up care.
Sec. 6224. Exception for government-financed air transportation.
Sec. 6225. Internet at hardship posts.
Sec. 6226. Competitive local compensation plan.
Sec. 6227. Supporting tandem spouses in the Foreign Service.
Sec. 6228. Accessibility at diplomatic missions.
Sec. 6229. Report on breastfeeding accommodations overseas.
Sec. 6230. Determining the effectiveness of knowledge transfers between
Foreign Service Officers.
Sec. 6231. Education allowance for dependents of Department of State
employees located in United States territories.
Sec. 6232. Overtime pay exception for protective services.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 6301. Data-informed diplomacy.
Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer
Program.
Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of
the Department of State.
Sec. 6304. Strengthening the Chief Information Officer of the Department
of State.
Sec. 6305. Sense of Congress on strengthening enterprise governance.
Sec. 6306. Digital connectivity and cybersecurity partnership.
Sec. 6307. Establishment of a cyberspace, digital connectivity, and
related technologies (CDT) fund.
Sec. 6308. Cyber protection support for personnel of the Department of
State in positions highly vulnerable to cyber attack.
Sec. 6309. Implementation of GAO High Risk List recommendations.
TITLE LXIV--ORGANIZATION AND OPERATIONS
Sec. 6401. Personal services contractors.
Sec. 6402. Hard-to-fill posts.
Sec. 6403. Enhanced oversight of the Office of Civil Rights.
Sec. 6404. Crisis response operations.
Sec. 6405. Special Envoy to the Pacific Islands Forum.
Sec. 6406. Special Envoy for Belarus.
Sec. 6407. Presidential Envoy for the Abraham Accords, Negev Forum, and
Related Integration and Normalization Fora and Agreements.
Sec. 6408. Overseas placement of special appointment positions.
Sec. 6409. Resources for United States nationals unlawfully or
wrongfully detained abroad.
Sec. 6410. Establishment of fiscal responsibility award.
TITLE LXV--ECONOMIC DIPLOMACY
Sec. 6501. Report on recruitment, retention, and promotion of Foreign
Service economic officers.
Sec. 6502. Mandate to revise Department of State metrics for successful
economic and commercial diplomacy.
Sec. 6503. Direction to embassy deal teams.
Sec. 6504. Establishment of a ``Deal Team of the Year'' award.
TITLE LXVI--PUBLIC DIPLOMACY
Sec. 6601. Public diplomacy outreach.
Sec. 6602. Modification on use of funds for Radio Free Europe/Radio
Liberty.
Sec. 6603. Report on Radio Free Africa and Radio Free Americas.
Sec. 6604. John Lewis Civil Rights Fellowship program.
Sec. 6605. Domestic engagement and public affairs.
Sec. 6606. Modernization and enhancement strategy.
TITLE LXVII--OTHER MATTERS
Sec. 6701. Internships of United States nationals at international
organizations.
Sec. 6702. Training for international organizations.
Sec. 6703. Infrastructure projects and investments by the United States
and People's Republic of China.
Sec. 6704. Special envoys.
Sec. 6705. US-ASEAN Center.
Sec. 6706. Briefings on the United States-European Union Trade and
Technology Council.
Sec. 6707. Modification and repeal of reports.
Sec. 6708. Art in embassies.
Sec. 6709. Institute for Transatlantic Engagement.
Sec. 6710. Notification of revocation of clearances.
SEC. 6002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Department.--The term ``Department'' means the Department
of State.
(3) Secretary.--The term ``Secretary'' means the Secretary of
State.
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
SEC. 6101. SPECIAL HIRING AUTHORITY FOR PASSPORT SERVICES.
During the 3-year period beginning on the date of the enactment of
this division, the Secretary, without regard to the provisions under
sections 3309 through 3318 of title 5, United States Code, may directly
appoint up to 80 candidates to positions in the competitive service (as
defined in section 2102 of such title) at the Department in the
Passport and Visa Examining Series 0967.
SEC. 6102. QUARTERLY REPORT ON PASSPORT WAIT TIMES.
Not later than 30 days after the date of the enactment of this
division, and quarterly thereafter for the following 3 years, the
Secretary shall submit a report to the appropriate congressional
committees that describes--
(1) the current estimated wait times for passport processing;
(2) the steps that have been taken by the Department to reduce
wait times to a reasonable time;
(3) efforts to improve the rollout of the online passport
renewal processing program, including how much of passport revenues
the Department is spending on consular systems modernization;
(4) the demand for urgent passport services by major
metropolitan area;
(5) the steps that have been taken by the Department to reduce
and meet the demand for urgent passport services, particularly in
areas that are greater than 5 hours driving time from the nearest
passport agency; and
(6) how the Department details its staff and resources to
passport services programs.
SEC. 6103. PASSPORT TRAVEL ADVISORIES.
Not later than 180 days after the date of the enactment of this
division, the Department should make prominent in United States regular
passports, on the first three pages of the passport, the following
information:
(1) A prominent, clear advisory for all travelers to check
travel.state.gov for updated travel warnings and advisories.
(2) A prominent, clear notice urging all travelers to register
with the Department prior to overseas travel.
(3) A prominent, clear advisory--
(A) noting that many countries deny entry to travelers
during the last 6 months of their passport validity period; and
(B) urging all travelers to renew their passport not later
than 1 year prior to its expiration.
SEC. 6104. STRATEGY TO ENSURE ACCESS TO PASSPORT SERVICES FOR ALL
AMERICANS.
Not later than 180 days after the date of the enactment of this
division, the Secretary shall submit a strategy to the appropriate
congressional committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives for ensuring reasonable access to passport services for
all Americans, which shall include--
(1) a detailed strategy describing how the Department could--
(A) by not later than 1 year after submission of the
strategy, reduce passport processing times to an acceptable
average for renewals and for expedited service; and
(B) by not later than 2 years after the submission of the
strategy, provide United States residents living in a
significant population center more than a 5-hour drive from a
passport agency with urgent, in-person passport services,
including the possibility of building new passport agencies;
and
(2) a description of the specific resources required to
implement the strategy.
SEC. 6105. STRENGTHENING THE NATIONAL PASSPORT INFORMATION CENTER.
(a) Sense of Congress.--It is the sense of Congress that passport
wait times since 2021 have been unacceptably long and have created
frustration among those seeking to obtain or renew passports.
(b) Online Chat Feature.--The Department should develop an online
tool with the capability for customers to correspond with customer
service representatives regarding questions and updates pertaining to
their application for, or renewal of, a passport.
(c) GAO Report.--Not later than 90 days after the date of the
enactment of this division, the Comptroller General of the United
States shall initiate a review of National Passport Information Center
(NPIC) operations, which shall include an analysis of the extent to
which NPIC--
(1) responds to constituent inquiries by telephone, including
how long constituents are kept on hold and their ability to be
placed in a queue;
(2) provides personalized customer service;
(3) maintains its telecommunications infrastructure to ensure
it effectively handles call volumes; and
(4) other relevant issues the Comptroller General deems
appropriate.
SEC. 6106. STRENGTHENING PASSPORT CUSTOMER VISIBILITY AND TRANSPARENCY.
(a) Online Status Tool.--Not later than 2 years after the date of
the enactment of this division, the Department should modernize the
online passport application status tool to include, to the greatest
extent possible, step by step updates on the status of passport
applications, including with respect to the following stages:
(1) Submitted for processing.
(2) In process at a lockbox facility.
(3) Awaiting adjudication.
(4) In process of adjudication.
(5) Adjudicated with a result of approval or denial.
(6) Materials shipped.
(b) Additional Information.--The tool pursuant to subsection (a)
should include a display that informs each passport applicant of--
(1) the date on which his or her passport application was
received; and
(2) the estimated wait time remaining in the passport
application process.
(c) Report.--Not later than 90 days after the date of the enactment
of this division, the Secretary shall submit a report to the
appropriate congressional committees that outlines a plan for
coordinated comprehensive public outreach to increase public awareness
and understanding of--
(1) the online status tool required under subsection (a);
(2) passport travel advisories required under section 6103; and
(3) passport wait times.
SEC. 6107. ANNUAL OFFICE OF AUTHENTICATIONS REPORT.
(a) Report.--Not later than one year after the date of the
enactment of this division, the Secretary shall submit an annual report
for 5 years to the appropriate congressional committees that
describes--
(1) the number of incoming authentication requests, broken down
by month and type of request, to show seasonal fluctuations in
demand;
(2) the average time taken by the Office of Authentications of
the Department to authenticate documents, broken down by month to
show seasonal fluctuations in wait times;
(3) how the Department details staff to the Office of
Authentications; and
(4) the impact that hiring additional, permanent, dedicated
staff for the Office of Authentications would have on the
processing times referred to in paragraph (2).
(b) Authorization.--The Secretary is authorized to hire additional,
permanent, dedicated staff for the Office of Authentications.
SEC. 6108. PUBLICATION AND UPDATES OF ESTIMATED TIME FOR PROCESSING OF
PASSPORT APPLICATIONS.
The Secretary shall publish and update on a quarterly basis on
relevant websites of the Department the estimated time for processing
of passport applications.
SEC. 6109. AUTHORITY TO DESIGNATE ADDITIONAL PASSPORT ACCEPTANCE
AGENTS.
(a) Authority to Designate.--The Secretary may designate any person
described in subsection (b) that meets such other requirements as the
Secretary may prescribe pursuant to regulations to serve as a passport
acceptance agent, unless the Secretary withdraws such authorization on
a case-by-case basis with respect to a given person.
(b) Authorized Persons.--A person described in this subsection is
any of the following:
(1) An employee of the clerk of any Federal court.
(2) An employee of the clerk of any State court of record.
(3) A postal employee at a United States post office that has
been selected to accept passport applications.
(4) An employee of the Department of Defense at a military
installation that has been authorized to accept passport
applications.
(5) An employee of a Federal department or agency that has been
selected to accept passport applications.
(6) Any other person specifically designated by the Secretary.
(c) Regulations.--The Secretary shall prescribe or revise such
regulations as may be necessary to carry out this division.
SEC. 6110. NOTIFICATION OF PASSPORT EXPIRATION.
The Secretary shall take such steps as may be necessary to ensure
that each individual holding a valid United States passport is notified
of the upcoming expiration of such passport not later than one year
before the date of such expiration.
SEC. 6111. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY IN ONLINE PASSPORT
RENEWAL PROGRAM.
The Secretary shall take such steps as may be necessary to compare
and use the best commercially available technology in the private
sector, as determined by the Secretary, in the development of the
Department's online passport renewal program or any successor program.
SEC. 6112. ELECTRONIC PAYMENT FOR PASSPORT APPLICATION FEES.
The Secretary shall develop a process to accept electronic payment
for all fees associated with the processing of passport applications,
including for applications submitted by regular mail.
SEC. 6113. AGREEMENTS WITH FOREIGN COUNTRIES REGARDING PASSPORTS
NEARING EXPIRATION.
The President, acting through the Secretary, shall seek to reach
agreements with the governments of foreign countries that do not accept
United States passports that are at or within 6 months of expiration to
allow for the use of such United States passports.
SEC. 6114. PASSPORT FEE EXCEPTION FOR SEARCH, RESCUE, AND OTHER RELATED
DISASTER RELIEF OPERATIONS.
(a) Short Title.--This section may be cited as the ``First
Responders Passport Act''.
(b) In General.--Section 1(a) of the Passport Act of June 4, 1920
(22 U.S.C. 214(a) is amended--
(1) by inserting ``(1)'' before ``There shall be collected'';
(2) by striking ``No passport fee shall be collected from an
officer'' and inserting the following:
``(2) Notwithstanding paragraph (1), no passport fee shall be
collected from--
``(A) an officer'';
(3) by striking ``or from members of his immediate family; from
an American seaman who requires a passport in connection with his
duties aboard an American flag-vessel; from a widow'' and inserting
the following: ``or from immediate family of such officer or
employee;
``(B) an American sailor who requires a passport in connection
with assigned duties aboard an American flag-vessel;
``(C) a widow'';
(4) by striking ``memorial service for such member; or from an
individual'' and inserting the following: ``memorial service for
such member;
``(D) an individual''; and
(5) by striking ``law enforcement purposes. No execution fee''
and inserting ``law enforcement purposes;
``(E) at the discretion of the Secretary, an individual who--
``(i) is operating under a contract, grant, or cooperative
agreement with the United States Government to participate in
search, rescue, and other related disaster relief operations
within a foreign country following a natural disaster; or
``(ii) is required pursuant to such contract, grant, or
cooperative agreement to be available to travel abroad to
assist in search, rescue, or other related disaster relief
efforts immediately upon notice from the United States
Government.
``(3) No execution fee''.
SEC. 6115. INCREASED ACCOUNTABILITY IN ASSIGNMENT RESTRICTIONS AND
REVIEWS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the use of policies to restrict personnel from serving in
certain assignments may undermine the Department's ability to
deploy relevant cultural and linguistic skills at diplomatic posts
abroad if not applied judiciously; and
(2) the Department should continuously evaluate all processes
relating to assignment restrictions, assignment reviews, and
preclusions at the Department.
(b) Notification of Status.--Beginning not later than 90 days after
the date of the enactment of this division, the Secretary shall--
(1) provide a status update for all Department personnel who,
prior to such date of enactment, were subject to a prior assignment
restriction, assignment review, or preclusion for whom a review or
decision related to assignment is pending; and
(2) on an ongoing basis, provide a status update for any
Department personnel who has been the subject of a pending
assignment restriction or pending assignment review for more than
30 days.
(c) Notification Content.--The notification required under
subsection (b) shall inform relevant personnel, as of the date of the
notification--
(1) whether any prior assignment restriction has been lifted;
(2) if their assignment status is subject to ongoing review,
and an estimated date for completion; and
(3) if they are subject to any other restrictions on their
ability to serve at posts abroad.
(d) Adjudication of Ongoing Assignment Reviews.--
(1) Time limit.--The Department shall establish a reasonable
time limit for the Department to complete an assignment review and
establish a deadline by which it must inform personnel of a
decision related to such a review.
(2) Appeals.--For any personnel the Department determines are
ineligible to serve in an assignment due to an assignment
restriction or assignment review, a Security Appeal Panel shall
convene not later than 120 days of an appeal being filed.
(3) Entry-level bidding process.--The Department shall include
a description of the assignment review process and critical human
intelligence threat posts in a briefing to new officers as part of
their entry-level bidding process.
(4) Points of contact.--The Department shall designate points
of contact in the Bureau of Diplomatic Security and Bureau of
Global Talent Management to answer employee and Career Development
Officer questions about assignment restrictions, assignment
reviews, and preclusions.
(e) Security Appeal Panel.--Not later than 90 days after the date
of the enactment of this division, the Security Appeal Panel shall be
comprised of--
(1) the head of an office responsible for human resources or
discrimination who reports directly to the Secretary;
(2) the Principal Deputy Assistant Secretary for the Bureau of
Global Talent Management;
(3) the Principal Deputy Assistant Secretary for the Bureau of
Intelligence and Research;
(4) an Assistant Secretary or Deputy, or equivalent, from a
third bureau as designated by the Under Secretary for Management;
(5) a representative from the geographic bureau to which the
restriction applies; and
(6) a representative from the Office of the Legal Adviser and a
representative from the Bureau of Diplomatic Security, who shall
serve as non-voting advisors.
(f) Appeal Rights.--Section 414(a) of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amended by
striking the first two sentences and inserting ``The Secretary shall
establish and maintain a right and process for employees to appeal a
decision related to an assignment, based on a restriction, review, or
preclusion. Such right and process shall ensure that any such employee
shall have the same appeal rights as provided by the Department
regarding denial or revocation of a security clearance.''.
(g) FAM Update.--Not later than 120 days after the date of the
enactment of this division, the Secretary shall amend all relevant
provisions of the Foreign Affairs Manual, and any associated or related
policies of the Department, to comply with this section.
SEC. 6116. SUITABILITY REVIEWS FOR FOREIGN SERVICE INSTITUTE
INSTRUCTORS.
The Secretary shall take reasonable steps to ensure that all
instructors at the Foreign Service Institute, including direct hires
and contractors, who provide language instruction are--
(1) subject to suitability reviews and background
investigations; and
(2) subject to periodic background checks or reinvestigations
to the extent consistent with Department and Executive policy for
other Department personnel.
SEC. 6117. DIPLOMATIC SECURITY FELLOWSHIP PROGRAMS.
(a) In General.--Section 47 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2719) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Diplomatic Security Fellowship Programs.--
``(1) Establishment.--The Secretary of State, working through
the Assistant Secretary for Diplomatic Security, is authorized to
establish Diplomatic Security fellowship programs to provide grants
to United States nationals pursuing post-secondary studies who
commit to pursuing a career as a special agent, security
engineering officer, or in the civil service in the Bureau of
Diplomatic Security.
``(2) Rulemaking.--The Secretary is authorized to promulgate
regulations for the administration of Diplomatic Security
fellowship programs that set forth--
``(A) the eligibility requirements for receiving a grant
under this subsection;
``(B) the process by which eligible applicants may request
such a grant;
``(C) the maximum amount of such a grant; and
``(D) the educational progress to which all grant
recipients are obligated.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 for each of fiscal years 2024 through 2028 to
carry out this section.
TITLE LXII--PERSONNEL MATTERS
Subtitle A--Hiring, Promotion, and Development
SEC. 6201. ADJUSTMENT TO PROMOTION PRECEPTS.
Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C.
4003(b)) is amended--
(1) by redesignating paragraph (2), (3), and (4) as paragraphs
(7), (8), and (9), respectively; and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) experience serving at an international organization,
multilateral institution, or engaging in multinational
negotiations;
``(3) willingness to serve in hardship posts overseas where
applicable and across geographically distinct regions;
``(4) experience advancing policies or developing expertise
that enhance the United States' competitiveness with regard to
critical and emerging technologies;
``(5) willingness to participate in appropriate and relevant
professional development opportunities offered by the Foreign
Service Institute or other educational institutions associated with
the Department;
``(6) willingness to enable and encourage subordinates at
various levels to avail themselves of appropriate and relevant
professional development opportunities offered by the Foreign
Service Institute or other educational institutions associated with
the Department;''.
SEC. 6202. HIRING AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should possess hiring authorities to enable
recruitment of individuals representative of the nation with
special skills needed to address 21st century diplomacy challenges;
and
(2) the Secretary shall conduct a survey of hiring authorities
held by the Department to identify--
(A) hiring authorities already authorized by Congress;
(B) other authorities granted through Presidential decree
or executive order; and
(C) any authorities needed to enable recruitment of
individuals with the special skills described in paragraph (1).
(b) Report.--Not later than 180 days after the date of the
enactment of this division, the Secretary shall submit to the
appropriate congressional committees, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on
Oversight and Accountability of the House of Representatives a report
that includes a description of all existing hiring authorities and
legislative proposals on any new needed authorities.
(c) Special Hiring Authority.--For an initial period of not more
than 3 years after the date of the enactment of this division, the
Secretary may appoint, without regard to the provisions of sections
3309 through 3318 of title 5, United States Code, up to 80 candidates
directly to positions in the competitive service at the Department, as
defined in section 2102 of that title, in the following occupational
series: 25 candidates under 1560 Data Science, 25 candidates under 2210
Information Technology Management, and 30 candidates under 0201 Human
Resources Management.
SEC. 6203. EXTENDING PATHS TO SERVICE FOR PAID STUDENT INTERNS.
(a) In General.--For up to 2 years following the end of a
compensated internship at the Department, the Department may offer
employment to up to 25 such interns and appoint them directly to
positions in the competitive service, as defined in section 2102 of
title 5, United States Code, without regard to the provisions of
sections 3309 through 3318 of such title.
(b) Report.--Not later than one year after the date of the
enactment of this division, and annually thereafter for 3 years, the
Secretary shall submit to the appropriate congressional committees, the
Homeland Security and Governmental Affairs Committee of the Senate, and
the Committee on Oversight and Accountability of the House of
Representatives a report listing which undergraduate and post-secondary
institutions the interns offered employment under subsection (a)
attended, where available.
SEC. 6204. LATERAL ENTRY PROGRAM.
(a) In General.--Section 404 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114-323; 130 Stat. 1928) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``3-
year'' and inserting ``5-year'';
(B) in paragraph (5), by striking ``; and'';
(C) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following new paragraphs:
``(7) does not include the use of Foreign Service-Limited or
other noncareer Foreign Service hiring authorities; and
``(8) includes not fewer than 30 participants for each year of
the pilot program.''; and
(2) by adding at the end the following new subsection:
``(e) Certification.--If the Secretary does not commence the
lateral entry program within 180 days after the date of the enactment
of this subsection, the Secretary shall submit a report to the
appropriate congressional committees--
``(1) certifying that progress is being made on implementation
of the pilot program and describing such progress, including the
date on which applicants will be able to apply;
``(2) estimating the date by which the pilot program will be
fully implemented;
``(3) outlining how the Department will use the Lateral Entry
Program to fill needed skill sets in key areas such as cyberspace,
emerging technologies, economic statecraft, multilateral diplomacy,
and data and other sciences.''.
SEC. 6205. MID-CAREER MENTORING PROGRAM.
(a) Authorization.--The Secretary, in collaboration with the
Director of the Foreign Service Institute, is authorized to establish a
Mid-Career Mentoring Program (referred to in this section as the
``Program'') to assist in the retention of, and to decrease mid-career
attrition of, employees, including those who have demonstrated
potential for advancement and may be at risk of leaving the Department.
(b) Selection.--
(1) Nominations.--The head of each bureau shall semiannually
nominate participants for the Program from a pool of applicants in
the positions described in paragraph (2)(B), including from posts
both domestically and abroad.
(2) Submission of slate of nominees to secretary.--The Director
of the Foreign Service Institute, in consultation with the Director
General of the Foreign Service, shall semiannually--
(A) vet the nominees most recently nominated pursuant to
paragraph (1); and
(B) submit to the Secretary a slate of applicants to
participate in the Program, who shall consist of at least--
(i) 10 Foreign Service Officers and specialists
classified at the FS-03 or FS-04 level of the Foreign
Service Salary Schedule;
(ii) 10 Civil Service employees classified at GS-12 or
GS-13 of the General Schedule; and
(iii) 5 Foreign Service Officers from the United States
Agency for International Development.
(3) Final selection.--The Secretary shall select the applicants
who will be invited to participate in the Program from the slate
received pursuant to paragraph (2)(B) and extend such an invitation
to each selected applicant.
(4) Merit principles.--Section 105 of the Foreign Service Act
of 1980 (22 U.S.C. 3905) shall apply to nominations, submissions to
the Secretary, and selections for the Program under this section.
(c) Program Sessions.--
(1) Frequency; duration.--All of the participants who accept
invitations extended pursuant to subsection (b)(3) shall meet 3 to
4 times per year for training sessions with high-level leaders of
the Department and USAID, including private group meetings with the
Secretary and the Administrator of the United States Agency for
International Development.
(2) Themes.--Each session referred to in paragraph (1) shall
focus on specific themes developed jointly by the Foreign Service
Institute and the Executive Secretariat focused on substantive
policy issues and leadership practices.
(d) Mentoring Program.--The Secretary and the Administrator each is
authorized to establish a mentoring and coaching program that pairs a
senior leader of the Department or USAID with each of the program
participants who complete the Program during the 1-year period
immediately following their participation in the Program.
(e) Annual Report.--Not later than one year after the date of the
enactment of this division, and annually thereafter for three years,
the Secretary shall submit a report to the appropriate congressional
committees that describes the activities of the Program during the most
recent year and includes disaggregated demographic data on participants
in the Program.
SEC. 6206. REPORT ON THE FOREIGN SERVICE INSTITUTE'S LANGUAGE PROGRAM.
Not later than 60 days after the date of the enactment of this
division, the Secretary shall submit a report to the appropriate
congressional committees that includes--
(1) the average pass and fail rates for language programs at
the Foreign Service Institute in comparison with Language
Designated Position (LDP) requirements, disaggregated by language
during the 5-year period immediately preceding the date of the
enactment of this division;
(2) the number of Department employees and contractors who are
language instructors at the Foreign Service Institute, and a
comparison of the instructor/student ratio in the language programs
at the Foreign Service Institute disaggregated by language;
(3) salaries for language instructors disaggregated by
language, employment/contractor status, and a comparison to
salaries for instructors teaching languages in comparable
employment;
(4) recruitment and retention plans for language instructors,
disaggregated by language where necessary and practicable;
(5) any plans to increase pass rates for languages with high
failure rates; and
(6) a list of all outside entities with which the Foreign
Service Institute partners or contracts in order to hire or obtain
foreign language instructors, including the duration of any
relevant agreements, and an indication of how agreements are
evaluated by the Department for potential renewal, where available.
SEC. 6207. CONSIDERATION OF CAREER CIVIL SERVANTS AS CHIEFS OF
MISSIONS.
Section 304(b) of the Foreign Service Act of 1980 (22 U.S.C. 3944)
is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The Secretary shall also furnish to the President, on an
annual basis and to assist the President in selecting qualified
candidates for appointments or assignments as chief of mission, the
names of between 5 and 10 career civil servants serving at the
Department of State or the United States Agency for International
Development who are qualified to serve as chiefs of mission, together
with pertinent information about such individuals.''.
SEC. 6208. CIVIL SERVICE ROTATIONAL PROGRAM.
(a) Establishment of Pilot Rotational Program for Civil Service.--
Not later than 180 days after the date of the enactment of this
division, the Secretary shall establish a program to provide qualified
civil servants serving at the Department an opportunity to serve at a
United States embassy, including identifying criteria and an
application process for such program.
(b) Program.--The program established under this section shall--
(1) provide at least 20 career civil servants the opportunity
to serve for 2 to 3 years at a United States embassy to gain
additional skills and experience;
(2) offer such civil servants the opportunity to serve in a
political or economic section at a United States embassy; and
(3) include clear and transparent criteria for eligibility and
selection, which shall include a minimum of 5 years of service at
the Department.
(c) Subsequent Position and Promotion.--Following a rotation at a
United States embassy pursuant to the program established by this
section, participants in the program must be afforded, at minimum, a
position equivalent in seniority, compensation, and responsibility to
the position occupied prior serving in the program. Successful
completion of a rotation at a United States embassy shall be considered
favorably with regard to applications for promotion in civil service
jobs at the Department.
(d) Implementation.--Not later than 2 years after the date of the
enactment of this division, the Secretary shall identify not less than
20 positions in United States embassies for the program established
under this section and offer at least 20 civil servants the opportunity
to serve in a rotation at a United States embassy pursuant to this
section.
SEC. 6209. REPORTING REQUIREMENT ON CHIEFS OF MISSION.
Not later than 30 days following the end of each calendar quarter,
the Secretary shall submit to the appropriate congressional
committees--
(1) a list of every chief of mission or United States
representative overseas with the rank of Ambassador who, during the
prior quarter, was granted approval by the Under Secretary of State
for Management to be outside a country of assignment for purposes
other than official travel or temporary duty orders; and
(2) the number of days each such chief of mission or United
States representative overseas with the rank of Ambassador was
outside a country of assignment during the previous quarter for
purposes other than official travel or temporary duty orders.
SEC. 6210. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF MISSION.
Not later than April 1, 2024, and annually thereafter for the next
4 years, the Secretary shall submit to the appropriate congressional
committees a report that includes--
(1) the Foreign Service cone of each current chief of mission
and deputy chief of mission (or whoever is acting in the capacity
of chief or deputy chief if neither is present) for each United
States embassy at which there is a Foreign Service Officer filling
either of those positions; and
(2) aggregated data for all chiefs of mission and deputy chiefs
of mission described in paragraph (1), disaggregated by cone.
SEC. 6211. EFFORTS TO IMPROVE RETENTION AND PREVENT RETALIATION.
(a) Streamlined Reporting.--Not later than one year after the date
of the enactment of this division, the Secretary shall establish a
single point of initial reporting for allegations of discrimination,
and harassment that provides an initial review of the allegations and,
if necessary, the ability to file multiple claims based on a single
complaint.
(b) Required Annual Surveys.--
(1) In general.--Not later than 180 days after the date of the
enactment of this division, and annually thereafter, the Secretary
shall conduct an annual employee satisfaction survey to assess the
level of job satisfaction, work environment, and overall employee
experience within the Department.
(2) Open-ended responses.--The survey required under paragraph
(1) shall include options for open-ended responses.
(3) Survey questions.--The survey shall include questions
regarding--
(A) work-life balance;
(B) compensation and benefits;
(C) career development opportunities;
(D) the performance evaluation and promotion process,
including fairness and transparency;
(E) communication channels and effectiveness;
(F) leadership and management;
(G) organizational culture;
(H) awareness and effectiveness of complaint measures;
(I) accessibility and accommodations;
(J) availability of transportation to and from a work
station;
(K) information technology infrastructure functionality and
accessibility;
(L) the employee's understanding of the Department's
structure, mission, and goals;
(M) alignment and relevance of work to the Department's
mission;
(N) sense of empowerment to affect positive change; and
(O) experiences with harassment, discrimination,
retaliation, and other events that contribute to attrition and
negatively impact work culture and productivity.
(c) Required Exit Surveys.--
(1) In general.--Not later than 180 days after the date of the
enactment of this division, the Secretary shall develop and
implement a standardized, confidential exit survey process that
includes anonymous feedback and exit interviews with employees who
voluntarily separate from the Department, whether through
resignation, retirement, or other means.
(2) Scope.--The exit surveys conducted pursuant to paragraph
(1) shall--
(A) be designed to gather insights and feedback from
departing employees regarding--
(i) their reasons for leaving, including caretaking
responsibilities, career limitations for partner or spouse,
and discrimination, harassment, or retaliation;
(ii) their overall experience with the Department; and
(iii) any suggestions for improvement; and
(B) include questions related to--
(i) the employee's reasons for leaving;
(ii) job satisfaction;
(iii) work environment;
(iv) professional growth opportunities;
(v) leadership effectiveness;
(vi) suggestions for enhancing the Department's
performance; and
(vii) if applicable, the name and industry of the
employee's future employer.
(3) Compilation of results.--The Secretary shall compile and
analyze the anonymized exit survey data collected pursuant to this
paragraph to identify trends, common themes, and areas needing
improvement within the Department.
(d) Pilot Surveys.--Not later than 180 days after the date of the
enactment of this division, the Secretary shall conduct a Department-
wide survey for Locally Employed Staff regarding retention, training,
promotion, and other matters, including harassment, discrimination, and
retaliation, that includes workforce perspectives on the accessibility
and effectiveness of complaint measures.
(e) Report.--Not later than 60 days after the conclusion of each
survey conducted pursuant to this section, the Secretary shall make the
key findings available to the Department workforce and shall submit
them to the appropriate congressional committees.
(f) Retaliation Prevention Efforts.--
(1) Employee evaluation.--
(A) In general.--If there is a pending investigation of
discrimination or harassment against a superior who is
responsible for rating or reviewing the complainant employee,
the complainant shall be reviewed by the superior's supervisor
or other Department employee as appropriate.
(B) Effective date.--This paragraph shall take effect 90
days after the date of the enactment of this division.
(2) Retaliation prevention guidance.--Any Department employee
against whom an allegation of discrimination or harassment has been
made shall receive written guidance (a ``retaliation hold'') on the
types of actions that can be considered retaliation against the
complainant employee. The employee's immediate supervisor shall
also receive the retaliation hold guidance.
SEC. 6212. NATIONAL ADVERTISING CAMPAIGN.
Not later than 270 days after the date of the enactment of this
division, the Secretary shall submit a strategy to the appropriate
congressional committees that assesses the potential benefits and costs
of a national advertising campaign to improve the recruitment to the
Civil Service and the Foreign Service by raising public awareness of
the important accomplishments of the Department.
SEC. 6213. EXPANSION OF DIPLOMATS IN RESIDENCE PROGRAMS.
(a) In General.--Not later than two years after the date of the
enactment of this division--
(1) the Secretary is authorized to increase the number of
diplomats in the Diplomats in Residence Program from 17 to at least
20; and
(2) the Administrator of the United States Agency for
International Development is authorized to increase the number of
development diplomats in the Diplomats in Residence Program from 1
to at least 3.
(b) Report.--Not later than one year after the date of the
enactment of this division, and every year for three years thereafter,
the Secretary shall report to the appropriate congressional committees
whether additional Diplomats in Residence have been established, and,
if so, what regions or colleges or universities such diplomats are
assigned to, with an explanation as to why those regions or schools
were chosen as most in need of additional Department recruiting
personnel.
Subtitle B--Pay, Benefits, and Workforce Matters
SEC. 6221. EDUCATION ALLOWANCE.
(a) In General.--Chapter 9 of title I of the Foreign Service Act of
1980 (22 U.S.C. 4081 et seq.) is amended by adding at the end the
following new section:
``SEC. 908. EDUCATION ALLOWANCE.
``A Department employee who is on leave to perform service in the
uniformed services (as defined in section 4303(13) of title 38, United
States Code) may receive an education allowance if the employee would,
if not for such service, be eligible to receive the education
allowance.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Foreign Service Act of 1980 (22 U.S.C. 3901 note) is amended by
inserting after the item relating to section 907 the following:
``Sec. 908. Education allowance''.
SEC. 6222. IMPROVING MENTAL HEALTH SERVICES FOR FOREIGN AND CIVIL
SERVANTS.
(a) Additional Personnel to Address Mental Health.--
(1) In general.--The Secretary shall seek to increase the
number of personnel within the Bureau of Medical Services to
address mental health needs for both foreign and civil servants.
(2) Employment targets.--Not later than 180 days after the date
of the enactment of this division, the Secretary shall seek to
employ not fewer than 10 additional personnel in the Bureau of
Medical Services, compared to the number of personnel employed as
of the date of the enactment of this division.
(b) Study.--The Secretary shall conduct a study on the
accessibility of mental health care providers and services available to
Department personnel, including an assessment of--
(1) the accessibility of mental health care providers at
diplomatic posts and in the United States;
(2) the accessibility of inpatient services for mental health
care for Department personnel;
(3) steps that may be taken to improve such accessibility;
(4) the impact of the COVID-19 pandemic on the mental health of
Department personnel, particularly those who served abroad between
March 1, 2020, and December 31, 2022, and Locally Employed Staff,
where information is available;
(5) recommended steps to improve the manner in which the
Department advertises mental health services to the workforce;
(6) hesitancy to seek out mental health services, due to
perceptions and realities regarding the degree to which employees'
use of mental health services could impact their career trajectory,
including security clearances; and
(7) additional authorities and resources needed to better meet
the mental health needs of Department personnel.
(c) Report.--Not later than 180 days after the date of the
enactment of this division, the Secretary shall submit to appropriate
congressional committees a report containing the findings of the study
under subsection (b).
SEC. 6223. EMERGENCY BACK-UP CARE.
(a) In General.--The Secretary and the Administrator for the United
States Agency for International Development are authorized to provide
for unanticipated non-medical care, including dependent child and
eldercare, and essential services directly related to caring for an
acute injury or illness, for USAID and Department employees and their
family members, including through the provision of such non-medical
services, referrals to care providers, and reimbursement of reasonable
expenses for such services.
(b) Limitation.--Services provided pursuant to this section shall
not exceed $2,000,000 per fiscal year.
SEC. 6224. EXCEPTION FOR GOVERNMENT-FINANCED AIR TRANSPORTATION.
(a) Reducing Hardship for Transportation of Domestic Animals.--
(1) In general.--Notwithstanding subsections (a) and (c) of
section 40118 of title 49, United States Code, the Department is
authorized to pay for the transportation by a foreign air carrier
of Department personnel and any in-cabin or accompanying checked
baggage or cargo if--
(A) no air carrier holding a certificate under section
41102 of such title is willing and able to transport up to 3
domestic animals accompanying such Federal personnel; and
(B) the transportation is from a place--
(i) outside the United States to a place in the United
States;
(ii) in the United States to a place outside the United
States; or
(iii) outside the United States to another place
outside the United States.
(2) Limitation.--An amount paid pursuant to paragraph (1) for
transportation by a foreign carrier may not be greater than the
amount that would otherwise have been paid had the transportation
been on an air carrier holding a certificate under section 41102
had that carrier been willing and able to provide such
transportation. If the amount that would otherwise have been paid
to such an air carrier is less than the cost of transportation on
the applicable foreign carrier, the Department personnel may pay
the difference of such amount.
(3) Domestic animal defined.--In this subsection, the term
``domestic animal'' means a dog or a cat.
SEC. 6225. INTERNET AT HARDSHIP POSTS.
Section 3 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``; and'' and inserting a
semicolon;
(2) in subsection (m) by striking the period at the end and by
inserting ``; and''; and
(3) by adding at the end the following new subsection:
``(n) pay expenses to provide internet services in residences owned
or leased by the United States Government in foreign countries for the
use of Department personnel where Department personnel receive a post
hardship differential equivalent to 30 percent or more above basic
compensation.''.
SEC. 6226. COMPETITIVE LOCAL COMPENSATION PLAN.
(a) Establishment and Implementation of Prevailing Wage Rates
Goal.--Section 401(a) of the Department of State Authorities Act,
fiscal year 2017 (22 U.S.C. 3968a(a)) is amended in the matter
preceding paragraph (1), by striking ``periodically'' and inserting
``every 3 years''.
(b) Report.--Not later than one year after the date of the
enactment of this division, the Secretary shall submit to the
appropriate congressional committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the House of
Representatives a report that includes--
(1) compensation (including position classification) plans for
locally employed staff based upon prevailing wage rates and
compensation practices for corresponding types of positions in the
locality of employment; and
(2) an assessment of the feasibility and impact of changing the
prevailing wage rate goal for positions in the local compensation
plan from the 50th percentile to the 75th percentile.
SEC. 6227. SUPPORTING TANDEM SPOUSES IN THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) challenges finding and maintaining spousal employment and
family dissatisfaction are one of the leading reasons employees
cite for leaving the Department;
(2) tandem Foreign Service personnel represent important
members of the Foreign Service community, who act as force
multipliers for our diplomacy;
(3) the Department can and should do more to keep tandem
spouses posted together and consider family member employment needs
when assigning tandem officers; and
(4) common sense steps providing more flexibility in the
assignments process would improve outcomes for tandem officers
without disadvantaging other Foreign Service Officers.
(b) Definitions.--In this section:
(1) Family togetherness.--The term ``family togetherness''
means facilitating the placement of Foreign Service personnel at
the same United States diplomatic post when both spouses are
members of a tandem couple of Foreign Service personnel.
(2) Tandem foreign service personnel; tandem.--The terms
``tandem Foreign Service personnel'' and ``tandem'' mean a member
of a couple of which one spouse is a career or career candidate
employee of the Foreign Service and the other spouse is a career or
career candidate employee of the Foreign Service or an employee of
one of the agencies authorized to use the Foreign Service Personnel
System under section 202 of the Foreign Service Act of 1980 (22
U.S.C. 3922).
(c) Family Togetherness in Assignments.--Not later than 90 days
after the date of enactment of this division, the Department shall
amend and update its policies to further promote the principle of
family togetherness in the Foreign Service, which shall include the
following:
(1) Entry-level foreign service personnel.--The Secretary shall
adopt policies and procedures to facilitate the assignment of
entry-level tandem Foreign Service personnel on directed
assignments to the same diplomatic post or country as their tandem
spouse if they request to be assigned to the same post or country.
The Secretary shall also provide a written justification to the
requesting personnel explaining any denial of a request that would
result in tandem spouses not serving together at the same post or
country.
(2) Tenured foreign service personnel.--The Secretary shall add
family togetherness to the criteria when making a needs of the
Service determination, as defined by the Foreign Affairs Manual,
for the placement of tenured tandem Foreign Service personnel at
United States diplomatic posts.
(3) Updates to antinepotism policy.--The Secretary shall update
antinepotism policies so that nepotism rules only apply when an
employee and a relative are placed into positions wherein they
jointly and exclusively control government resources, property, or
money or establish government policy.
(4) Temporary supervision of tandem spouse.--The Secretary
shall update policies to allow for a tandem spouse to temporarily
supervise another tandem spouse for up to 90 days in a calendar
year, including at a United States diplomatic mission.
(d) Report.--Not later than 90 days after the date of enactment of
this division, and annually thereafter for two years, the Secretary
shall submit to the appropriate congressional committees a report that
includes--
(1) the number of Foreign Service tandem spouses currently
serving;
(2) the number of Foreign Service tandems currently serving in
separate locations, or, to the extent possible, that are on leave
without pay (LWOP); and
(3) an estimate of the cost savings that would result if all
Foreign Service tandem spouses were placed at a single post.
SEC. 6228. ACCESSIBILITY AT DIPLOMATIC MISSIONS.
Not later than 180 days after the date of the enactment of this
division, the Department shall submit to the appropriate congressional
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives a report
that includes--
(1) a list of the overseas United States diplomatic missions
that, as of the date of the enactment of this division, are not
readily accessible to and usable by individuals with disabilities;
(2) any efforts in progress to make such missions readily
accessible to and usable by individuals with disabilities; and
(3) an estimate of the cost to make all such missions readily
accessible to and usable by individuals with disabilities.
SEC. 6229. REPORT ON BREASTFEEDING ACCOMMODATIONS OVERSEAS.
Not later than 180 days after the date of the enactment of this
division, the Secretary shall submit to the appropriate congressional
committees a report that includes--
(1) a detailed report on the Department's efforts to equip 100
percent of United States embassies and consulates with dedicated
lactation spaces, other than bathrooms, that are shielded from view
and free from intrusion from coworkers and the public for use by
employees, including the expected demand for such spaces as well as
the status of such rooms when there is no demand for such space;
and
(2) a description of costs and other resources needed to
provide such spaces.
SEC. 6230. DETERMINING THE EFFECTIVENESS OF KNOWLEDGE TRANSFERS BETWEEN
FOREIGN SERVICE OFFICERS.
The Secretary shall assess the effectiveness of knowledge transfers
between Foreign Service Officers who are departing from overseas
positions and Foreign Service Officers who are arriving at such
positions, and make recommendations for approving such knowledge
transfers, as appropriate, by--
(1) not later than 90 days after the date of the enactment of
this division, conducting a written survey of a representative
sample of Foreign Service Officers working in overseas assignments
that analyzes the effectiveness of existing mechanisms to
facilitate transitions, including training, mentorship, information
technology, knowledge management, relationship building, the role
of locally employed staff, and organizational culture; and
(2) not later than 120 days after the date of the enactment of
this division, submitting to the appropriate congressional
committees a report that includes a summary and analysis of results
of the survey conducted pursuant to paragraph (1) that--
(A) identifies best practices and areas for improvement;
(B) describes the Department's methodology for determining
which Foreign Service Officers should receive familiarization
trips before arriving at a new post;
(C) includes recommendations regarding future actions the
Department should take to maximize effective knowledge transfer
between Foreign Service Officers;
(D) identifies any steps taken, or intended to be taken, to
implement such recommendations, including any additional
resources or authorities necessary to implement such
recommendations; and
(E) provides recommendations to Congress for legislative
action to advance the priority described in subparagraph (C).
SEC. 6231. EDUCATION ALLOWANCE FOR DEPENDENTS OF DEPARTMENT OF STATE
EMPLOYEES LOCATED IN UNITED STATES TERRITORIES.
(a) In General.--An individual employed by the Department at a
location described in subsection (b) shall be eligible for a cost-of-
living allowance for the education of the dependents of such employee
in an amount that does not exceed the educational allowance authorized
by the Secretary of Defense for such location.
(b) Location Described.--A location is described in this subsection
if--
(1) such location is in a territory of the United States; and
(2) the Secretary of Defense has determined that schools
available in such location are unable to adequately provide for the
education of--
(A) dependents of members of the Armed Forces; or
(B) dependents of employees of the Department of Defense.
SEC. 6232. OVERTIME PAY EXCEPTION FOR PROTECTIVE SERVICES.
(a) Covered Employee Defined.--In this section, the term ``covered
employee'' means any individual employed by, and conducting protective
services on behalf of, the Diplomatic Security Service for an
individual.
(b) Exception to the Limitation on Premium Pay for Protective
Services.--Notwithstanding the restrictions contained in section 5547
of title 5, United States Code, any covered employee may receive
premium pay for overtime officially ordered or approved and performed
while conducting protective security functions in excess of the annual
equivalent of the limitation on the rate of pay contained in section
5547(a) of such title, except that such premium pay shall not be
payable to an employee to the extent that such aggregate amount would
exceed the rate of basic pay payable for a position at level II of the
Executive Schedule under section 5313 of such title.
(c) Treatment of Additional Pay.--If the application of subsection
(b) results in the payment of additional premium pay to a covered
employee of a type that is normally creditable as basic pay for
retirement or any other purpose, that additional pay shall not--
(1) be considered to be basic pay of the covered employee for
any purpose; or
(2) be used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under section
5551 or section 5552 of title 5, United States Code.
(d) Aggregate Limit.--With respect to the application of section
5307 of title 5, United States Code, the payment of any additional
premium pay to a covered employee as a result of subsection (b) shall
not be counted as part of the aggregate compensation of the covered
employee.
(e) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this division, the Secretary shall submit to the
appropriate committees of Congress a report describing the steps
the Department is taking to address the increased protective
service demands placed upon individuals by the Diplomatic Security
Service.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) An analysis of the current operational demands and
staffing levels.
(B) Recommended strategies for reducing overtime
requirements, including--
(i) hiring additional personnel;
(ii) solutions such that sufficient resources are
available throughout each year without the need for waivers
of premium pay limitations;
(iii) redistribution of workload; and
(iv) other improvements in operational efficiency.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the appropriate congressional committees;
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate; and
(C) the Committee on Oversight and Accountability and the
Committee on Appropriations of the House of Representatives.
(f) Effective Date.--This section shall take effect as if enacted
on Jan 1, 2023.
(g) Sunset.--This section shall terminate on December 31, 2025.
TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 6301. DATA-INFORMED DIPLOMACY.
(a) Findings.--Congress makes the following findings:
(1) In a rapidly evolving and digitally interconnected global
landscape, access to and maintenance of reliable, readily available
data is key to informed decisionmaking and diplomacy and therefore
should be considered a strategic asset.
(2) In order to achieve its mission in the 21st century, the
Department must adapt to these trends by maintaining and providing
timely access to high-quality data at the time and place needed,
while simultaneously cultivating a data-savvy workforce.
(3) Leveraging data science and data analytics has the
potential to improve the performance of the Department's workforce
by providing otherwise unknown insights into program deficiencies,
shortcomings, or other gaps in analysis.
(4) While innovative technologies such as artificial
intelligence and machine learning have the potential to empower the
Department to analyze and act upon data at scale, systematized,
sustainable data management and information synthesis remain a core
competency necessary for data-driven decisionmaking.
(5) The goals set out by the Department's Enterprise Data
Council (EDC) as the areas of most critical need for the
Department, including Cultivating a Data Culture, Accelerating
Decisions through Analytics, Establishing Mission-Driven Data
Management, and Enhancing Enterprise Data Governance, are laudable
and will remain critical as the Department develops into a data-
driven agency.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department should prioritize the recruitment and
retainment of top data science talent in support of its data-
informed diplomacy efforts as well as its broader modernization
agenda; and
(2) the Department should strengthen data fluency among its
workforce, promote data collaboration across and within its
bureaus, and enhance its enterprise data oversight.
SEC. 6302. ESTABLISHMENT AND EXPANSION OF THE BUREAU CHIEF DATA OFFICER
PROGRAM.
(a) Bureau Chief Data Officer Program.--
(1) Establishment.--The Secretary shall establish a program,
which shall be known as the ``Bureau Chief Data Officer Program''
(referred to in this section as the ``Program''), overseen by the
Department's Chief Data Officer. The Bureau Chief Data Officers
hired under this program shall report to their respective Bureau
leadership.
(2) Goals.--The goals of the Program shall include the
following:
(A) Cultivating a data culture by promoting data fluency
and data collaboration across the Department.
(B) Promoting increased data analytics use in critical
decisionmaking areas.
(C) Promoting data integration and standardization.
(D) Increasing efficiencies across the Department by
incentivizing acquisition of enterprise data solutions and
subscription data services to be shared across bureaus and
offices and within bureaus.
(b) Implementation Plan.--
(1) In general.--Not later than 180 days after the date of the
enactment of this division, the Secretary shall submit to the
appropriate committees of Congress an implementation plan that
outlines strategies for--
(A) advancing the goals described in subsection (a)(2);
(B) hiring Bureau Chief Data Officers at the GS-14 or GS-15
grade or a similar rank;
(C) assigning at least one Bureau Chief Data Officer to
each bureau of the Department; and
(D) allocation of necessary resources to sustain the
Program.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the appropriate congressional committees;
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate; and
(C) the Committee on Oversight and Accountability and the
Committee on Appropriations of the House of Representatives.
(c) Assignment.--In implementing the Bureau Chief Data Officer
Program, bureaus may not dual-hat currently employed personnel as
Bureau Chief Data Officers.
(d) Annual Reporting Requirement.--Not later than 180 days after
the date of the enactment of this division, and annually thereafter for
the following 3 years, the Secretary shall submit a report to the
appropriate congressional committees regarding the status of the
implementation plan required under subsection (b).
SEC. 6303. ESTABLISHMENT OF THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER
OF THE DEPARTMENT OF STATE.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended by adding at the end the following new
subsection:
``(n) Chief Artificial Intelligence Officer.--
``(1) In general.--There shall be within the Department of
State a Chief Artificial Intelligence Officer, which may be dual-
hatted as the Department's Chief Data Officer, who shall be a
member of the Senior Executive Service.
``(2) Duties described.--The principal duties and
responsibilities of the Chief Artificial Intelligence Officer shall
be--
``(A) to evaluate, oversee, and, if appropriate, facilitate
the responsible adoption of artificial intelligence (AI) and
machine learning applications to help inform decisions by
policymakers and to support programs and management operations
of the Department of State; and
``(B) to act as the principal advisor to the Secretary of
State on the ethical use of AI and advanced analytics in
conducting data-informed diplomacy.
``(3) Qualifications.--The Chief Artificial Intelligence
Officer should be an individual with demonstrated skill and
competency in--
``(A) the use and application of data analytics, AI, and
machine learning; and
``(B) transformational leadership and organizational change
management, particularly within large, complex organizations.
``(4) Partner with the chief information officer on scaling
artificial intelligence use cases.--To ensure alignment between the
Chief Artificial Intelligence Officer and the Chief Information
Officer, the Chief Information Officer will consult with the Chief
Artificial Intelligence Officer on best practices for rolling out
and scaling AI capabilities across the Bureau of Information and
Resource Management's broader portfolio of software applications.
``(5) Artificial intelligence defined.--In this subsection, the
term `artificial intelligence' has the meaning given the term in
section 238(g) of the National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. 4001 note).''.
SEC. 6304. STRENGTHENING THE CHIEF INFORMATION OFFICER OF THE
DEPARTMENT OF STATE.
(a) In General.--The Chief Information Officer of the Department
shall be consulted on all decisions to approve or disapprove,
significant new unclassified information technology expenditures,
including software, of the Department, including expenditures related
to information technology acquired, managed, and maintained by other
bureaus and offices within the Department, in order to--
(1) encourage the use of enterprise software and information
technology solutions where such solutions exist or can be developed
in a timeframe and manner consistent with maintaining and enhancing
the continuity and improvement of Department operations;
(2) increase the bargaining power of the Department in
acquiring information technology solutions across the Department;
(3) reduce the number of redundant Authorities to Operate
(ATO), which, instead of using one ATO-approved platform across
bureaus, requires multiple ATOs for software use cases across
different bureaus;
(4) enhance the efficiency, reduce redundancy, and increase
interoperability of the use of information technology across the
enterprise of the Department;
(5) enhance training and alignment of information technology
personnel with the skills required to maintain systems across the
Department;
(6) reduce costs related to the maintenance of, or effectuate
the retirement of, legacy systems;
(7) ensure the development and maintenance of security
protocols regarding the use of information technology solutions and
software across the Department; and
(8) improve end-user training on the operation of information
technology solutions and to enhance end-user cybersecurity
practices.
(b) Strategy and Implementation Plan Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this division, the Chief Information Officer of the
Department shall develop, in consultation with relevant bureaus and
offices as appropriate, a strategy and a 5-year implementation plan
to advance the objectives described in subsection (a).
(2) Consultation.--No later than one year after the date of the
enactment of this division, the Chief Information Officer shall
submit the strategy required by this subsection to the appropriate
congressional committees and shall consult with the appropriate
congressional committees, not less than on an annual basis for 5
years, regarding the progress related to the implementation plan
required by this subsection.
(c) Improvement Plan for the Bureau for Information Resources
Management.--
(1) In general.--Not later than 180 days after the date of the
enactment of this division, the Chief Information Officer shall
develop policies and protocols to improve the customer service
orientation, quality and timely delivery of information technology
solutions, and training and support for bureau and office-level
information technology officers.
(2) Survey.--Not later than one year after the date of the
enactment of this division, and annually thereafter for five years,
the Chief Information Officer shall undertake a client satisfaction
survey of bureau information technology officers to obtain feedback
on metrics related to--
(A) customer service orientation of the Bureau of
Information Resources Management;
(B) quality and timelines of capabilities delivered;
(C) maintenance and upkeep of information technology
solutions;
(D) training and support for senior bureau and office-level
information technology officers; and
(E) other matters which the Chief Information Officer, in
consultation with client bureaus and offices, determines
appropriate.
(3) Submission of findings.--Not later than 60 days after
completing each survey required under paragraph (2), the Chief
Information Officer shall submit a summary of the findings to the
appropriate congressional committees, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee
on Oversight and Accountability of the House of Representatives.
(d) Significant Expenditure Defined.--For purposes of this section,
the term ``significant expenditure'' means any cumulative expenditure
in excess of $250,000 total in a single fiscal year for a new
unclassified software or information technology capability.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to alter the authorities of the United States Office of
Management and Budget, Office of the National Cyber Director, the
Department of Homeland Security, or the Cybersecurity and
Infrastructure Security Agency with respect to Federal information
systems; or
(2) to alter the responsibilities and authorities of the Chief
Information Officer of the Department as described in titles 40 or
44, United States Code, or any other law defining or assigning
responsibilities or authorities to Federal Chief Information
Officers.
SEC. 6305. SENSE OF CONGRESS ON STRENGTHENING ENTERPRISE GOVERNANCE.
It is the sense of Congress that in order to modernize the
Department, enterprise-wide governance regarding budget and finance,
information technology, and the creation, analysis, and use of data
across the Department is necessary to better align resources to
strategy, including evaluating trade-offs, and to enhance efficiency
and security in using data and technology as tools to inform and
evaluate the conduct of United States foreign policy.
SEC. 6306. DIGITAL CONNECTIVITY AND CYBERSECURITY PARTNERSHIP.
(a) Digital Connectivity and Cybersecurity Partnership.--The
Secretary is authorized to establish a program, which may be known as
the ``Digital Connectivity and Cybersecurity Partnership'', to help
foreign countries--
(1) expand and increase secure internet access and digital
infrastructure in emerging markets, including demand for and
availability of high-quality information and communications
technology (ICT) equipment, software, and services;
(2) protect technological assets, including data;
(3) adopt policies and regulatory positions that foster and
encourage open, interoperable, reliable, and secure internet, the
free flow of data, multi-stakeholder models of internet governance,
and pro-competitive and secure ICT policies and regulations;
(4) access United States exports of ICT goods and services;
(5) expand interoperability and promote the diversification of
ICT goods and supply chain services to be less reliant on imports
from the People's Republic of China;
(6) promote best practices and common standards for a national
approach to cybersecurity; and
(7) advance other priorities consistent with paragraphs (1)
through (6), as determined by the Secretary.
(b) Use of Funds.--Funds made available to carry out this section
may be used to strengthen civilian cybersecurity and information and
communications technology capacity, including participation of foreign
law enforcement and military personnel in non-military activities,
notwithstanding any other provision of law, provided that such support
is essential to enabling civilian and law enforcement of cybersecurity
and information and communication technology related activities in
their respective countries.
(c) Implementation Plan.--Not later than 180 days after the date of
the enactment of this division, the Secretary shall submit to the
appropriate congressional committees, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on
Oversight and Accountability of the House of Representatives an
implementation plan for the coming year to advance the goals identified
in subsection (a).
(d) Consultation.--In developing and operationalizing the
implementation plan required under subsection (c), the Secretary shall
consult with--
(1) the appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives;
(2) United States industry leaders;
(3) other relevant technology experts, including the Open
Technology Fund;
(4) representatives from relevant United States Government
agencies; and
(5) representatives from like-minded allies and partners.
(e) Authorization of Appropriations.--For the purposes of carrying
out this section, funds authorized to be appropriated to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346 et seq.) may be made available, notwithstanding any other
provision of law to strengthen civilian cybersecurity and information
and communications technology capacity, including for participation of
foreign law enforcement and military personnel in non-military
activities, and for contributions to international organizations and
international financial institutions of which the United States is a
member. Such funds shall remain available until expended.
SEC. 6307. ESTABLISHMENT OF A CYBERSPACE, DIGITAL CONNECTIVITY, AND
RELATED TECHNOLOGIES (CDT) FUND.
Part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et
seq.) is amended by adding at the end the following new chapter:
``CHAPTER 10--CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED
TECHNOLOGIES (CDT) FUND
``SEC. 591. FINDINGS.
``Congress makes the following findings:
``(1) Increasingly digitized and interconnected social,
political, and economic systems have introduced new vulnerabilities
for malicious actors to exploit, which threatens economic and
national security.
``(2) The rapid development, deployment, and integration of
information and communication technologies into all aspects of
modern life bring mounting risks of accidents and malicious
activity involving such technologies, and their potential
consequences.
``(3) Because information and communication technologies are
globally manufactured, traded, and networked, the economic and
national security of the United State depends greatly on
cybersecurity practices of other actors, including other countries.
``(4) United States assistance to countries and international
organizations to bolster civilian capacity to address national
cybersecurity and deterrence in cyberspace can help--
``(A) reduce vulnerability in the information and
communication technologies ecosystem; and
``(B) advance national and economic security objectives.
``SEC. 592. AUTHORIZATION OF ASSISTANCE AND FUNDING FOR CYBERSPACE,
DIGITAL CONNECTIVITY, AND RELATED TECHNOLOGIES (CDT) CAPACITY
BUILDING ACTIVITIES.
``(a) Authorization.--The Secretary of State is authorized to
provide assistance to foreign governments and organizations, including
national, regional, and international institutions, on such terms and
conditions as the Secretary may determine, in order to--
``(1) advance a secure and stable cyberspace;
``(2) protect and expand trusted digital ecosystems and
connectivity;
``(3) build the cybersecurity capacity of partner countries and
organizations; and
``(4) ensure that the development of standards and the
deployment and use of technology supports and reinforces human
rights and democratic values, including through the Digital
Connectivity and Cybersecurity Partnership.
``(b) Scope of Uses.--Assistance under this section may include
programs to--
``(1) advance the adoption and deployment of secure and
trustworthy information and communications technology (ICT)
infrastructure and services, including efforts to grow global
markets for secure ICT goods and services and promote a more
diverse and resilient ICT supply chain;
``(2) provide technical and capacity building assistance to--
``(A) promote policy and regulatory frameworks that create
an enabling environment for digital connectivity and a vibrant
digital economy;
``(B) ensure technologies, including related new and
emerging technologies, are developed, deployed, and used in
ways that support and reinforce democratic values and human
rights;
``(C) promote innovation and competition; and
``(D) support digital governance with the development of
rights-respecting international norms and standards;
``(3) help countries prepare for, defend against, and respond
to malicious cyber activities, including through--
``(A) the adoption of cybersecurity best practices;
``(B) the development of national strategies to enhance
cybersecurity;
``(C) the deployment of cybersecurity tools and services to
increase the security, strength, and resilience of networks and
infrastructure;
``(D) support for the development of cybersecurity watch,
warning, response, and recovery capabilities, including through
the development of cybersecurity incident response teams;
``(E) support for collaboration with the Cybersecurity and
Infrastructure Security Agency (CISA) and other relevant
Federal agencies to enhance cybersecurity;
``(F) programs to strengthen allied and partner
governments' capacity to detect, investigate, deter, and
prosecute cybercrimes;
``(G) programs to provide information and resources to
diplomats engaging in discussions and negotiations around
international law and capacity building measures related to
cybersecurity;
``(H) capacity building for cybersecurity partners,
including law enforcement and military entities as described in
subsection (f);
``(I) programs that enhance the ability of relevant
stakeholders to act collectively against shared cybersecurity
threats;
``(J) the advancement of programs in support of the
Framework of Responsible State Behavior in Cyberspace; and
``(K) the fortification of deterrence instruments in
cyberspace; and
``(4) such other purpose and functions as the Secretary of
State may designate.
``(c) Responsibility for Policy Decisions and Justification.--The
Secretary of State shall be responsible for policy decisions regarding
programs under this chapter, with respect to--
``(1) whether there will be cybersecurity and digital capacity
building programs for a foreign country or entity operating in that
country;
``(2) the amount of funds for each foreign country or entity;
and
``(3) the scope and nature of such uses of funding.
``(d) Detailed Justification for Uses and Purposes of Funds.--The
Secretary of State shall provide, on an annual basis, a detailed
justification for the uses and purposes of the amounts provided under
this chapter, including information concerning--
``(1) the amounts and kinds of grants;
``(2) the amounts and kinds of budgetary support provided, if
any; and
``(3) the amounts and kinds of project assistance provided for
what purpose and with such amounts.
``(e) Assistance and Funding Under Other Authorities.--The
authority granted under this section to provide assistance or funding
for countries and organizations does not preclude the use of funds
provided to carry out other authorities also available for such
purpose.
``(f) Availability of Funds.--Amounts appropriated to carry out
this chapter may be used, notwithstanding any other provision of law,
to strengthen civilian cybersecurity and information and communications
technology capacity, including participation of foreign law enforcement
and military personnel in non-military activities, and for
contributions to international organizations and international
financial institutions of which the United States is a member, provided
that such support is essential to enabling civilian and law enforcement
of cybersecurity and information and communication technology related
activities in their respective countries.
``(g) Notification Requirements.--Funds made available under this
section shall be obligated in accordance with the procedures applicable
to reprogramming notifications pursuant to section 634A of this Act.
``SEC. 593. REVIEW OF EMERGENCY ASSISTANCE CAPACITY.
``(a) In General.--The Secretary of State, in consultation as
appropriate with other relevant Federal departments and agencies is
authorized to conduct a review that--
``(1) analyzes the United States Government's capacity to
promptly and effectively deliver emergency support to countries
experiencing major cybersecurity and ICT incidents;
``(2) identifies relevant factors constraining the support
referred to in paragraph (1); and
``(3) develops a strategy to improve coordination among
relevant Federal agencies and to resolve such constraints.
``(b) Report.--Not later than one year after the date of the
enactment of this chapter, the Secretary of State shall submit to the
Committee on Foreign Relations and the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Foreign
Affairs and the Committee on Oversight and Accountability of the House
of Representatives a report that contains the results of the review
conducted pursuant to subsection (a).
``SEC. 594. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $150,000,000 during the 5-
year period beginning on October 1, 2023, to carry out the purposes of
this chapter.''.
SEC. 6308. CYBER PROTECTION SUPPORT FOR PERSONNEL OF THE DEPARTMENT OF
STATE IN POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.
(a) Definitions.--In this section:
(1) At-risk personnel.--The term ``at-risk personnel'' means
personnel of the Department--
(A) whom the Secretary determines to be highly vulnerable
to cyber attacks and hostile information collection activities
because of their positions in the Department; and
(B) whose personal technology devices or personal accounts
are highly vulnerable to cyber attacks and hostile information
collection activities.
(2) Personal accounts.--The term ``personal accounts'' means
accounts for online and telecommunications services, including
telephone, residential internet access, email, text and multimedia
messaging, cloud computing, social media, health care, and
financial services, used by Department personnel outside of the
scope of their employment with the Department.
(3) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by personnel of
the Department outside of the scope of their employment with the
Department, including networks to which such devices connect.
(b) Requirement to Provide Cyber Protection Support.--The
Secretary, in consultation with the Secretary of Homeland Security and
the Director of National Intelligence, as appropriate--
(1) shall offer cyber protection support for the personal
technology devices and personal accounts of at-risk personnel; and
(2) may provide the support described in paragraph (1) to any
Department personnel who request such support.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support provided to
personnel pursuant to subsection (b) may include training, advice,
assistance, and other services relating to protection against cyber
attacks and hostile information collection activities.
(d) Privacy Protections for Personal Devices.--The Department is
prohibited pursuant to this section from accessing or retrieving any
information from any personal technology device or personal account of
Department employees unless--
(1) access or information retrieval is necessary for carrying
out the cyber protection support specified in this section; and
(2) the Department has received explicit consent from the
employee to access a personal technology device or personal account
prior to each time such device or account is accessed.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to encourage Department personnel to use personal
technology devices for official business; or
(2) to authorize cyber protection support for senior Department
personnel using personal devices, networks, and personal accounts
in an official capacity.
(f) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this division, the Secretary shall submit to the
appropriate committees of Congress a report regarding the provision
of cyber protection support pursuant to subsection (b), which shall
include--
(A) a description of the methodology used to make the
determination under subsection (a)(1); and
(B) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support pursuant to subsection (b).
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence and the Committee
on Homeland Security and Governmental Affairs of the Senate;
and
(C) the Permanent Select Committee on Intelligence and the
Committee on Oversight and Accountability of the House of
Representatives.
SEC. 6309. IMPLEMENTATION OF GAO HIGH RISK LIST RECOMMENDATIONS.
(a) In General.--The Secretary shall implement the Government
Accountability Office's High Risk List recommendations as applicable to
the Department for the following activities:
(1) Improving the management of IT acquisitions and operations.
(2) Improving strategic human capital management.
(3) Managing Federal real property.
(4) Ensuring the cybersecurity of the nation.
(5) Managing government-wide personnel security clearance
process.
(b) Report.--Not later than 90 days after the date of the enactment
of this division, the Secretary shall submit to the appropriate
congressional committees a report on the Department's progress in
implementing all of the Government Accountability Office's High Risk
List recommendations as applicable to the Department described in
subsection (a).
(c) High Risk List Defined.--In this section, the term ``High Risk
List'' refers to GAO-23-106203, the April 20, 2023, report by the
Government Accountability Office titled, ``High-Risk Series: Efforts
Made to Achieve Progress Need to Be Maintained and Expanded to Fully
Address All Areas''.
TITLE LXIV--ORGANIZATION AND OPERATIONS
SEC. 6401. PERSONAL SERVICES CONTRACTORS.
(a) Sense of Congress.--It is the sense of Congress that the
Department should seek to ensure it has sufficient full-time equivalent
positions allotted to carry out its current mission, working with the
Office of Personnel Management and appropriate congressional committees
to that end, and that the use of personal services contractors should
not be relied upon to perform core Department functions indefinitely.
(b) Exigent Circumstances and Crisis Response.--To assist the
Department in addressing and responding to exigent circumstances and
urgent crises abroad, the Department is authorized to employ,
domestically and abroad, a limited number of personal services
contractors in order to meet exigent needs, subject to the requirements
of this section.
(c) Authority.--The authority to employ personal services
contractors is in addition to any existing authorities to enter into
personal services contracts and authority provided in the Afghanistan
Supplemental Appropriations Act, 2022 (division C of Public Law 117-
43).
(d) Employing and Allocation of Personnel.--To meet the needs
described in subsection (b) and subject to the requirements in
subsection (e), the Department may--
(1) enter into contracts to employ a total of up to 100
personal services contractors at any given time for each of fiscal
years 2024, 2025, and 2026; and
(2) allocate up to 20 personal services contractors to a given
bureau.
(e) Limitation.--Employment authorized by this section shall not
exceed two calendar years.
(f) Notification and Reporting to Congress.--
(1) Notification.--Not later than 15 days after the use of
authority under this section, the Secretary shall notify the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives of the number of personal services
contractors being employed, the expected length of employment, the
relevant bureau, the purpose for using personal services
contractors, an indication of how many personal services
contractors were previously employees of the Department, and the
justification, including the exigent circumstances requiring such
use.
(2) Annual reporting.--Not later than December 1, 2024, and
annually thereafter for two years, the Department shall submit to
the appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives a report describing the number of
personal services contractors employed pursuant to this section for
the prior fiscal year, the length of employment, the relevant
bureau by which they were employed pursuant to this section, the
purpose for using personal services contractors, disaggregated
demographic data of such contractors, an indication of how many
personal services contractors were previously employees of the
Department, and the justification for the employment, including the
exigent circumstances.
SEC. 6402. HARD-TO-FILL POSTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the number of hard-to-fill vacancies at United States
diplomatic missions is far too high, particularly in Sub-Saharan
Africa;
(2) these vacancies--
(A) adversely impact the Department's execution of regional
strategies;
(B) hinder the ability of the United States to effectively
compete with strategic competitors, such as the People's
Republic of China and the Russian Federation; and
(C) present a clear national security risk to the United
States; and
(3) if the Department is unable to incentivize officers to
accept hard-to-fill positions, the Department should consider
directed assignments, particularly for posts in Africa, and other
means to more effectively advance the national interests of the
United States.
(b) Report on Development of Incentives for Hard-to-fill Posts.--
Not later than 180 days after the date of the enactment of this
division, the Secretary shall submit a report to the appropriate
congressional committees on efforts to develop new incentives for hard-
to-fill positions at United States diplomatic missions. The report
shall include a description of the incentives developed to date and
proposals to try to more effectively fill hard-to-fill posts.
(c) Study on Feasibility of Allowing Non-Consular Foreign Service
Officers Given Directed Consular Posts to Volunteer for Hard-to-fill
Posts in Understaffed Regions.--
(1) Study.--
(A) In general.--Not later than 180 days after the date of
the enactment of this division, the Secretary shall conduct a
study on--
(i) the number of Foreign Service positions vacant for
six months or longer at overseas posts, including for
consular, political, and economic positions, over the last
five years, broken down by region, and a comparison of the
proportion of vacancies between regions; and
(ii) the feasibility of allowing first-tour Foreign
Service generalists in non-Consular cones, directed for a
consular tour, to volunteer for reassignment at hard-to-
fill posts in understaffed regions.
(B) Matters to be considered.--The study conducted under
subparagraph (A) shall consider whether allowing first-tour
Foreign Service generalists to volunteer as described in such
subparagraph would address current vacancies and what impact
the new mechanism would have on consular operations.
(2) Report.--Not later than 60 days after completing the study
required under paragraph (1), the Secretary shall submit to the
appropriate congressional committees a report containing the
findings of the study.
SEC. 6403. ENHANCED OVERSIGHT OF THE OFFICE OF CIVIL RIGHTS.
(a) Report With Recommendations and Management Structure.--Not
later than 270 days after the date of the enactment of this division,
the Secretary shall submit to the appropriate congressional committees
a report with any recommendations for the long-term structure and
management of the Office of Civil Rights (OCR), including--
(1) an assessment of the strengths and weaknesses of OCR's
investigative processes and procedures;
(2) any changes made within OCR to its investigative processes
to improve the integrity and thoroughness of its investigations;
and
(3) any recommendations to improve the management structure,
investigative process, and oversight of the Office.
SEC. 6404. CRISIS RESPONSE OPERATIONS.
(a) In General.--Not later than 120 days after the date of the
enactment of this division, the Secretary shall institute the following
changes and ensure that the following elements have been integrated
into the ongoing crisis response management and response by the Crisis
Management and Strategy Office:
(1) The Department's crisis response planning and operations
shall conduct, maintain, and update on a regular basis contingency
plans for posts and regions experiencing or vulnerable to conflict
or emergency conditions, including armed conflict, natural
disasters, significant political or military upheaval, and
emergency evacuations.
(2) The Department's crisis response efforts shall be led by an
individual with significant experience responding to prior crises,
who shall be so designated by the Secretary.
(3) The Department's crisis response efforts shall provide at
least quarterly updates to the Secretary and other relevant senior
officials, including a plan and schedule to develop contingency
planning for identified posts and regions consistent with paragraph
(1).
(4) The decision to develop contingency planning for any
particular post or region shall be made independent of any regional
bureau.
(5) The crisis response team shall develop and maintain best
practices for evacuations, closures, and emergency conditions.
(b) Updates.--
(1) In general.--Not later than 180 days after the date of the
enactment of this division, and every 180 days thereafter for the
next five years, the Secretary shall submit to the appropriate
congressional committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives an update outlining the steps taken to implement
this section, along with any other recommendations to improve the
Department's crisis management and response operations.
(2) Contents.--Each update submitted pursuant to paragraph (1)
should include--
(A) a list of the posts whose contingency plans, including
any noncombatant evacuation contingencies, has been reviewed
and updated as appropriate during the preceding 180 days; and
(B) an assessment of the Secretary's confidence that each
post--
(i) has continuously reached out to United States
persons in country to maintain and update contact
information for as many such persons as practicable; and
(ii) is prepared to communicate with such persons in an
emergency or crisis situation.
(3) Form.--Each update submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 6405. SPECIAL ENVOY TO THE PACIFIC ISLANDS FORUM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States must increase its diplomatic activity and
presence in the Pacific, particularly among Pacific Island nations;
and
(2) the Special Envoy to the Pacific Islands Forum--
(A) should advance the United States partnership with
Pacific Island Forum nations and with the organization itself
on key issues of importance to the Pacific region; and
(B) should coordinate policies across the Pacific region
with like-minded democracies.
(b) Appointment of Special Envoy to the Pacific Islands Forum.--
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), as amended by section 6303, is further amended by adding
at the end the following new subsection:
``(o) Special Envoy to the Pacific Islands Forum.--
``(1) Appointment.--The President shall appoint, by and with
the advice and consent of the Senate, a qualified individual to
serve as Special Envoy to the Pacific Islands Forum (referred to in
this section as the `Special Envoy').
``(2) Considerations.--
``(A) Selection.--The Special Envoy shall be--
``(i) a United States Ambassador to a country that is a
member of the Pacific Islands Forum; or
``(ii) a qualified individual who is not described in
clause (i).
``(B) Limitations.--If the President appoints an Ambassador
to a country that is a member of the Pacific Islands Forum to
serve concurrently as the Special Envoy to the Pacific Islands
Forum, such Ambassador--
``(i) may not begin service as the Special Envoy until
he or she has been confirmed by the Senate for an
ambassadorship to a country that is a member of the Pacific
Islands Forum; and
``(ii) shall not receive additional compensation for
his or her service as Special Envoy.
``(3) Duties.--The Special Envoy shall--
``(A) represent the United States in its role as dialogue
partner to the Pacific Islands Forum; and
``(B) carry out such other duties as the President or the
Secretary of State may prescribe.''.
(c) Report.--Not later than 180 days after the date of the
enactment of this division, the Secretary shall submit a report to the
appropriate congressional committees that describes how the Department
will increase its ability to recruit and retain highly-qualified
ambassadors, special envoys, and other senior personnel in posts in
Pacific island countries as the Department expands its diplomatic
footprint throughout the region.
SEC. 6406. SPECIAL ENVOY FOR BELARUS.
(a) Special Envoy.--The President shall appoint a Special Envoy for
Belarus within the Department (referred to in this section as the
``Special Envoy''). The Special Envoy should be a person of recognized
distinction in the field of European security, geopolitics, democracy
and human rights, and may be a career Foreign Service Officer.
(b) Central Objective.--The central objective of the Special Envoy
is to coordinate and promote efforts--
(1) to improve respect for the fundamental human rights of the
people of Belarus;
(2) to sustain focus on the national security implications of
Belarus's political and military alignment for the United States;
and
(3) to respond to the political, economic, and security impacts
of events in Belarus upon neighboring countries and the wider
region.
(c) Duties and Responsibilities.--The Special Envoy shall--
(1) engage in discussions with Belarusian officials regarding
human rights, political, economic and security issues in Belarus;
(2) support international efforts to promote human rights and
political freedoms in Belarus, including coordination and dialogue
between the United States and the United Nations, the Organization
for Security and Cooperation in Europe, the European Union,
Belarus, and the other countries in Eastern Europe;
(3) consult with nongovernmental organizations that have
attempted to address human rights and political and economic
instability in Belarus;
(4) make recommendations regarding the funding of activities
promoting human rights, democracy, the rule of law, and the
development of a market economy in Belarus;
(5) review strategies for improving protection of human rights
in Belarus, including technical training and exchange programs;
(6) develop an action plan for holding to account the
perpetrators of the human rights violations documented in the
United Nations High Commissioner for Human Rights report on the
situation of human rights in Belarus in the run-up to the 2020
presidential election and its aftermath (Human Rights Council
Resolution 49/36);
(7) engage with member countries of the North Atlantic Treaty
Organization, the Organization for Security and Cooperation in
Europe and the European Union with respect to the implications of
Belarus's political and security alignment for transatlantic
security; and
(8) work within the Department and among partnering countries
to sustain focus on the political situation in Belarus.
(d) Role.--The position of Special Envoy--
(1) shall be a full-time position;
(2) may not be combined with any other position within the
Department;
(3) shall only exist as long as United States diplomatic
operations in Belarus at the United States Embassy in Minsk,
Belarus have been suspended;
(4) shall oversee the operations and personnel of the Belarus
Affairs Unit; and
(5) shall have a duty station that is co-located with the
Belarus Affairs Unit.
(e) Report on Activities.--Not later than 180 days after the date
of the enactment of this division, and annually thereafter for the
following 5 years, the Secretary, in consultation with the Special
Envoy, shall submit a report to the appropriate congressional
committees that describes the activities undertaken pursuant to
subsection (c) during the reporting period.
(f) Sunset.--The position of Special Envoy for Belarus and the
authorities provided by this section shall terminate 5 years after the
date of the enactment of this division.
SEC. 6407. PRESIDENTIAL ENVOY FOR THE ABRAHAM ACCORDS, NEGEV FORUM, AND
RELATED INTEGRATION AND NORMALIZATION FORA AND AGREEMENTS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following new
section:
``SEC. 64. PRESIDENTIAL ENVOY FOR THE ABRAHAM ACCORDS, NEGEV FORUM,
AND RELATED INTEGRATION AND NORMALIZATION FORA AND AGREEMENTS.
``(a) Office.--There is established within the Department of State
the Office of the Special Presidential Envoy for the Abraham Accords,
Negev Forum, and Related Integration and Normalization Fora and
Agreements (referred to in this section as the `Regional Integration
Office').
``(b) Leadership.--
``(1) Special envoy.--The Regional Integration Office shall be
headed by the Special Presidential Envoy for the Abraham Accords,
Negev Forum, and Related Normalization Agreements, who shall--
``(A) be appointed by the President, by and with the advice
and consent of the Senate; and
``(B) report directly to the Secretary of State.
``(c) Rank and Status of Ambassador.--The Special Envoy shall have
the rank and status of ambassador.
``(d) Duties.--The Special Envoy shall--
``(1) lead diplomatic engagement--
``(A) to strengthen and expand the Negev Forum, the Abraham
Accords, and related normalization agreements with Israel,
including promoting initiatives that benefit the people of key
partners in regional integration or other regional actors in
order to encourage such expansion; and
``(B) to support the work of regional integration;
``(2) implement the policy of the United States to expand
normalization and support greater regional integration--
``(A) within the Middle East and North Africa; and
``(B) between the Middle East and North Africa and other
key regions, including sub-Saharan Africa, the Indo-Pacific
region, and beyond;
``(3) work to deliver tangible economic and security benefits
for the citizens of Abraham Accords countries, Negev Forum
countries, and countries that are members of other related
normalization agreements;
``(4) serve as the ministerial liaison for the United States to
the Negev Forum and other emerging normalization and integration
fora, as necessary, and provide senior representation at events,
steering committee meetings, and other relevant diplomatic
engagements relating to the Negev Forum or other regional
integration bodies;
``(5) coordinate all cross-agency engagements and strategies in
support of normalization efforts with other relevant officials and
agencies;
``(6) ensure that the appropriate congressional committees are
regularly informed about the work of the Regional Integration
Office;
``(7) initiate and advance negotiations on a framework for an
economic and security partnership with the Negev Forum countries,
other key partners in regional integration, and other regional
actors;
``(8) oppose efforts to delegitimize Israel and legal barriers
to normalization with Israel;
``(9) initiate negotiations with Abraham Accords countries and
Negev Forum countries, observers, and key partners in regional
integration on an economic framework that includes--
``(A) improving supply chain security and resiliency;
``(B) aligning common regulatory and financial standards;
``(C) attracting foreign investment;
``(D) diversification of energy resources, including
renewable sources of energy, and the development and deployment
of emerging and advanced technologies that promote energy
security; and
``(E) digital economy, cybersecurity, and cross-border data
flow;
``(10) lead interagency efforts to reach an international
agreement on the comprehensive economic framework described in
paragraph (9);
``(11) endeavor to embed already established standards on
countering money laundering and terrorist financing into the
regional economic framework described in paragraph (9); and
``(12) promote regional integration and broader
interconnectivity among the Abraham Accords countries, Negev Forum
countries, observers, key partners in regional integration, and
other regional actors by promoting and supporting targeted
investment in regional infrastructure and other critical sectors
that broaden and deepen interconnectivity, increase economic growth
and resilience, create benefits for citizens of Abraham Accords
countries and Negev Forum countries, and advance the national
security, economic, and development interests of the United States.
``(e) Limitation.--The Special Envoy shall not be a dual-hatted
official with other responsibilities within the Department of State or
the executive branch.
``(f) Sense of Congress.--It is the sense of Congress that whole-
of-government resources should be harnessed to ensure the successful
performance by the Special Envoy of the duties described in subsection
(d).
``(g) Report.--
``(1) In general.--Not later than 180 days after the date of
the enactment of this section, and annually thereafter, the Special
Envoy shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report on actions taken by all relevant Federal
agencies--
``(A) to strengthen and expand the Abraham Accords and the
work of the Negev Forum and future structures and
organizations; and
``(B) towards the objectives of regional integration.
``(2) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form but may contain a separate,
classified annex.
``(h) Strategy.--Not later than 180 days after the date of the
enactment of this section, the Secretary of State, in consultation with
the heads of other relevant Federal agencies, shall submit to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives an interagency strategy
to use the economic tools of the Federal Government to promote regional
integration through targeted investment as described in subsection
(d)(12).
``(i) Termination.--This section shall terminate on the date that
is 6 years after date of the enactment of the section.
``(j) Rule of Construction.--If, on the date of the enactment of
this section, an individual has already been designated, consistent
with the requirements and responsibilities described in subsections
(b), (c), and (d) and section 1 of this Act (22 U.S.C. 2651a), the
requirements under subsection (b) shall be considered to be satisfied
with respect to such individual until the date on which such individual
no longer serves as the Special Envoy.
``(k) Definitions.--In this section:
``(1) Abraham accords.--The term `Abraham Accords' means--
``(A) the Abraham Accords Declaration, done at Washington
September 15, 2020;
``(B) the Abraham Accords Peace Agreement: Treaty of Peace,
Diplomatic Relations and Full Normalization Between the United
Arab Emirates and Israel, done at Washington September 15,
2020;
``(C) the Abraham Accords: Declaration of Peace,
Cooperation, and Constructive Diplomatic and Friendly
Relations, done at Washington September 15, 2020, between
Israel and the Kingdom of Bahrain; and
``(D) the Joint Declaration of the Kingdom of Morocco, the
United States, and Israel, done at Rabat December 22, 2020.
``(2) Expand.--The term `expand', with respect to the Abraham
Accords, means to increase the number of regional, Arab, or Muslim-
majority countries that seek to normalize relations with the State
of Israel.
``(3) Key partners in regional integration.--The term `key
partners in regional integration' means--
``(A) any Abraham Accords country;
``(B) Egypt;
``(C) Jordan;
``(D) the Kingdom of Saudi Arabia; and
``(E) any other active and constructive country that
supports cooperation--
``(i) to normalize relations between countries in the
Middle East and North Africa and Israel; and
``(ii) to advance regional integration.
``(4) Negev forum.--The term `Negev Forum' means the regional
grouping known as the Negev Forum Regional Cooperation Framework
that was adopted on November 10, 2022, or any successor group.
``(5) Observer.--The term `observer'--
``(A) means any country, particularly inside the Middle
East and North Africa region, or political entity that--
``(i) directly supports the objectives and processes of
the Negev Forum;
``(ii) expresses serious interest in participating in
certain projects determined by the Negev Forum that benefit
normalization with Israel and greater regional integration;
and
``(iii) is not an official member of the Negev Forum
Steering Committee or any working group of the Negev Forum;
and
``(B) includes 3+1 format members Cyprus and Greece.
``(6) Other regional actors.--The term `other regional actors'
means the Palestinian Authority or a credible future political
entity that serves as the interlocutor for the Palestinian people.
``(7) Strengthen.--The term `strengthen', with respect to the
Abraham Accords and the Negev Forum, means to engage in efforts
that improve the diplomatic relations between Abraham Accords
countries and broaden the breadth and scope of issues on which
Abraham Accords countries cooperate.''.
SEC. 6408. OVERSEAS PLACEMENT OF SPECIAL APPOINTMENT POSITIONS.
Not later than 90 days after the date of the enactment of this
division, the Secretary shall submit to the appropriate congressional
committees a report on current special appointment positions at United
States diplomatic missions that do not exercise significant authority,
and all positions under schedule B or schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, at United States
diplomatic missions. The report shall include the title and
responsibilities of each position, the expected duration of the
position, the name of the individual currently appointed to the
position, and the hiring authority utilized to fill the position.
SEC. 6409. RESOURCES FOR UNITED STATES NATIONALS UNLAWFULLY OR
WRONGFULLY DETAINED ABROAD.
Section 302(d) of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741(d)) is amended--
(1) in the subsection heading, by striking ``Resource
Guidance'' and inserting ``Resources for United States Nationals
Unlawfully or Wrongfully Detained Abroad'';
(2) in paragraph (1), by striking the paragraph heading and all
that follows through ``Not later than'' and inserting the
following:
``(1) Resource guidance.--
``(A) In general.--Not later than'';
(3) in paragraph (2), by redesignating subparagraphs (A), (B),
(C), (D), and (E) and clauses (i), (ii), (iii), (iv), and (v),
respectively, and moving such clauses (as so redesignated) 2 ems to
the right;
(4) by redesignating paragraph (2) as subparagraph (B) and
moving such subparagraph (as so redesignated) 2 ems to the right;
(5) in subparagraph (B), as redesignated by paragraph (4), by
striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and
(6) by adding at the end the following:
``(2) Travel assistance.--
``(A) Family advocacy.--For the purpose of facilitating
meetings between the United States Government and the family
members of United States nationals unlawfully or wrongfully
detained abroad, the Secretary shall provide financial
assistance to cover the costs of travel to and from Washington,
D.C., including travel by air, train, bus, or other transit as
appropriate, to any individual who--
``(i) is--
``(I) a family member of a United States national
unlawfully or wrongfully detained abroad as determined
by the Secretary under subsection (a); or
``(II) an appropriate individual who--
``(aa) is approved by the Special Presidential
Envoy for Hostage Affairs; and
``(bb) does not represent in any legal capacity
a United States national unlawfully or wrongfully
detained abroad or the family of such United States
national;
``(ii) has a permanent address that is more than 50
miles from Washington, D.C.; and
``(iii) requests such assistance.
``(B) Travel and lodging.--
``(i) In general.--For each such United States national
unlawfully or wrongfully detained abroad, the financial
assistance described in subparagraph (A) shall be provided
for not more than 2 trips per fiscal year, unless the
Special Presidential Envoy for Hostage Affairs determines
that a third trip is warranted.
``(ii) Limitations.--Any trip described in clause (i)
shall--
``(I) consist of not more than 2 family members or
other individuals approved in accordance with
subparagraph (A)(i)(II), unless the Special
Presidential Envoy for Hostage Affairs determines that
circumstances warrant an additional family member or
other individual approved in accordance with
subparagraph (A)(i)(II) and approves assistance to such
third family member or other individual; and
``(II) not exceed more than 2 nights lodging, which
shall not exceed the applicable government rate.
``(C) Return travel.--If other United States Government
assistance is unavailable, the Secretary may provide to a
United States national unlawfully or wrongfully detained abroad
as determined by the Secretary under subsection (a), United
States assistance, as necessary, for return travel to the
United States upon release of such United States national.
``(3) Support.--
``(A) In general.--The Secretary shall seek to make
available physical health services, mental health services, and
other support as appropriate, including providing information
on available legal or financial resources, to--
``(i) any United States national unlawfully or
wrongfully detained abroad; and
``(ii) any family member of such United States
national.
``(B) Limitations.--
``(i) In general.--For any support described in
subparagraph (A) for an individual described in clause (i)
or (ii) of such subparagraph that commences following the
return of a United States national who was unlawfully or
wrongfully detained abroad, such support shall be made
available for up to 5 years from the date on which any
individual identified in subparagraph (A) chooses to avail
themselves of the support described in that subparagraph,
unless the Special Presidential Envoy for Hostage Affairs
determines that circumstances warrant extending such
support.
``(ii) Exception.--The time limitation under clause (i)
does not apply to any support provided during the pendency
of the detention of a United States national unlawfully or
wrongfully detained abroad.
``(4) Notification requirement.--The Secretary shall notify the
Committee on Foreign Relations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the Committees
on Appropriations of the Senate and the House of Representatives of
any amount spent above $250,000 for any fiscal year to carry out
paragraphs (2) and (3).
``(5) Funding.--Funds authorized to be appropriated for the
Department of State, which may include funds made available for
unforeseen emergencies arising in the diplomatic and consular
service, may be used to provide the support authorized by this
section.
``(6) Report.--Not later than 90 days after the end of each
fiscal year, the Secretary shall submit to the Committees on
Foreign Relations and Appropriations of the Senate and the
Committee on Foreign Affairs and Appropriations of the House of
Representatives a report that includes--
``(A) a detailed description of expenditures made pursuant
to paragraphs (2) and (3);
``(B) a detailed description of types of support provided
pursuant to paragraph (3), provided that such description does
not identify any individuals receiving any physical or mental
health support, in order to protect their privacy; and
``(C) the number and location of visits outside of
Washington, D.C., during the prior fiscal year made by the
Special Presidential Envoy for Hostage Affairs to family
members of each United States national unlawfully or wrongfully
detained abroad.
``(7) Sunset.--The authority and requirements under paragraphs
(2), (3), (4), and (5) shall terminate on December 31, 2027.
``(8) Family member defined.--In this subsection, the term
`family member' means a spouse, father, mother, child, brother,
sister, grandparent, grandchild, aunt, uncle, nephew, niece,
cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, or half
sister.''.
SEC. 6410. ESTABLISHMENT OF FISCAL RESPONSIBILITY AWARD.
The Under Secretary of State for Management shall establish, in
consultation with the Director of the Budget and Planning Bureau and
the Director of Global Talent, an annual departmental award for any
exemplary employee who recommends, identifies, or adopts significant
cost-saving measures for program implementation or through the
reallocation of resources.
TITLE LXV--ECONOMIC DIPLOMACY
SEC. 6501. REPORT ON RECRUITMENT, RETENTION, AND PROMOTION OF FOREIGN
SERVICE ECONOMIC OFFICERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this division, the Secretary shall submit a report to the
appropriate congressional committees regarding the recruitment,
retention, and promotion of economic officers in the Foreign Service.
(b) Elements.--The report required under subsection (a) shall
include--
(1) an overview of the key challenges the Department faces in--
(A) recruiting individuals to serve as economic officers in
the Foreign Service; and
(B) retaining individuals serving as economic officers in
the Foreign Service, particularly at the level of GS-14 of the
General Schedule and higher;
(2) an overview of the key challenges in recruiting and
retaining qualified individuals to serve in economic positions in
the Civil Service;
(3) a comparison of promotion rates for economic officers in
the Foreign Service relative to other officers in the Foreign
Service;
(4) a summary of the educational history and training of
current economic officers in the Foreign Service and Civil Service
officers serving in economic positions;
(5) the identification, disaggregated by region, of hard-to-
fill posts and proposed incentives to improve staffing of economic
officers in the Foreign Service at such posts;
(6) a summary and analysis of the factors that lead to the
promotion of--
(A) economic officers in the Foreign Service; and
(B) individuals serving in economic positions in the Civil
Service; and
(7) a summary and analysis of current Department-funded or run
training opportunities and externally-funded programs, including
the Secretary's Leadership Seminar at Harvard Business School,
for--
(A) economic officers in the Foreign Service; and
(B) individuals serving in economic positions in the Civil
Service.
SEC. 6502. MANDATE TO REVISE DEPARTMENT OF STATE METRICS FOR SUCCESSFUL
ECONOMIC AND COMMERCIAL DIPLOMACY.
(a) Mandate to Revise Department of State Performance Measures for
Economic and Commercial Diplomacy.--The Secretary shall, as part of the
Department's next regularly scheduled review on metrics and performance
measures, include revisions of Department performance measures for
economic and commercial diplomacy by identifying outcome-oriented, and
not process-oriented, performance metrics, including metrics that--
(1) measure how Department efforts advanced specific economic
and commercial objectives and led to successes for the United
States or other private sector actors overseas; and
(2) focus on customer satisfaction with Department services and
assistance.
(b) Plan for Ensuring Complete Data for Performance Measures.--As
part of the review required under subsection (a), the Secretary shall
include a plan for ensuring that--
(1) the Department, both at its main headquarters and at
domestic and overseas posts, maintains and fully updates data on
performance measures; and
(2) Department leadership and the appropriate congressional
committees can evaluate the extent to which the Department is
advancing United States economic and commercial interests abroad
through meeting performance targets.
(c) Report on Private Sector Surveys.--The Secretary shall prepare
a report that lists and describes all the methods through which the
Department conducts surveys of the private sector to measure private
sector satisfaction with assistance and services provided by the
Department to advance private sector economic and commercial goals in
foreign markets.
(d) Report.--Not later than 90 days after conducting the review
pursuant to subsection (a), the Secretary shall submit to the
appropriate congressional committees--
(1) the revised performance metrics required under subsection
(a);
(2) the report required under subsection (c); and
(3) a report on the status of and actions taken to implement
section 708 of the Championing American Business through Diplomacy
Act of 2019 (title VII of division J of Public Law 116-94; 22
U.S.C. 9904).
SEC. 6503. DIRECTION TO EMBASSY DEAL TEAMS.
(a) Purposes.--The purposes of deal teams at United States
embassies and consulates are--
(1) to promote a private sector-led approach--
(A) to advance economic growth and job creation that is
tailored, as appropriate, to specific economic sectors; and
(B) to advance strategic partnerships;
(2) to prioritize efforts--
(A) to identify commercial and investment opportunities;
(B) to advocate for improvements in the business and
investment climate;
(C) to engage and consult with private sector partners; and
(D) to report on the activities described in subparagraphs
(A) through (C), in accordance with the applicable requirements
under sections 706 and 707 of the Championing American Business
Through Diplomacy Act of 2019 (22 U.S.C. 9902 and 9903);
(3)(A)(i) to identify trade and investment opportunities for
United States companies in foreign markets; or
(ii) to assist with existing trade and investment
opportunities already identified by United States companies;
and
(B) to deploy United States Government economic and other tools
to help such United States companies to secure their objectives;
(4) to identify and facilitate opportunities for entities in a
host country to increase exports to, or investment in, the United
States in order to grow two-way trade and investment;
(5) to modernize, streamline, and improve access to resources
and services designed to promote increased trade and investment
opportunities;
(6) to identify and secure United States or allied government
support of strategic projects, such as ports, railways, energy
production and distribution, critical minerals development,
telecommunications networks, and other critical infrastructure
projects vulnerable to predatory investment by an authoritarian
country or entity in such country where support or investment
serves an important United States interest;
(7) to coordinate across the Unites States Government to ensure
the appropriate and most effective use of United States Government
tools to support United States economic, commercial, and investment
objectives; and
(8) to coordinate with the multi-agency DC Central Deal Team,
established in February 2020, on the matters described in
paragraphs (1) through (7) and other relevant matters.
(b) Clarification.--A deal team may be composed of the personnel
comprising the mission economic team formed pursuant to section 207 of
the Foreign Service Act of 1980.
(c) Restrictions.--A deal team may not provide support for, or
assist a United States person with a transaction involving, a
government, or an entity owned or controlled by a government, if the
Secretary determines that such government--
(1) has repeatedly provided support for acts of international
terrorism, as described in--
(A) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (subtitle B of title XVII of Public Law 115-232);
(B) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other relevant provision of law; or
(2) has engaged in an activity that would trigger a restriction
under section 116(a) or 502B(a)(2) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant
provision of law.
(d) Further Restrictions.--
(1) Prohibition on support of sanctioned persons.--Deal teams
may not carry out activities prohibited under United States
sanctions laws or regulations, including dealings with persons on
the list of specially designated persons and blocked persons
maintained by the Office of Foreign Assets Control of the
Department of the Treasury, except to the extent otherwise
authorized by the Secretary of the Treasury or the Secretary.
(2) Prohibition on support of activities subject to
sanctions.--Any person receiving support from a deal team must be
in compliance with all United States sanctions laws and regulations
as a condition for receiving such assistance.
(e) Chief of Mission Authority and Accountability.--The chief of
mission to a foreign country--
(1) is the designated leader of a deal team in such country;
and
(2) shall be held accountable for the performance and
effectiveness of United States deal teams in such country.
(f) Guidance Cable.--The Department shall send out regular guidance
on Deal Team efforts by an All Diplomatic and Consular Posts (referred
to in this section as ``ALDAC'') that--
(1) describes the role of deal teams; and
(2) includes relevant and up-to-date information to enhance the
effectiveness of deal teams in a country.
(g) Confidentiality of Information.--
(1) In general.--In preparing the cable required under
subsection (f), the Secretary shall protect from disclosure any
proprietary information of a United States person marked as
business confidential information unless the person submitting such
information--
(A) had notice, at the time of submission, that such
information would be released by; or
(B) subsequently consents to the release of such
information.
(2) Treatment as trade secrets.--Proprietary information
obtained by the United States Government from a United States
person pursuant to the activities of deal teams shall be--
(A) considered to be trade secrets and commercial or
financial information (as such terms are used under section
552b(c)(4) of title 5, United States Code); and
(B) exempt from disclosure without the express approval of
the person.
(h) Sunset.--The requirements under subsections (f) through (h)
shall terminate on the date that is 5 years after the date of the
enactment of this division.
SEC. 6504. ESTABLISHMENT OF A ``DEAL TEAM OF THE YEAR'' AWARD.
(a) Establishment.--The Secretary shall establish a new award, to
be known as the ``Deal Team of the Year Award'', and annually present
the award to a deal team at one United States mission in each region to
recognize outstanding achievements in supporting a United States
company or companies pursuing commercial deals abroad or in identifying
new deal prospects for United States companies.
(b) Award Content.--
(1) Department of state.--Each member of a deal team receiving
an award pursuant to subsection (a) shall receive a certificate
that is signed by the Secretary and--
(A) in the case of a member of the Foreign Service, is
included in the next employee evaluation report; or
(B) in the case of a Civil Service employee, is included in
the next annual performance review.
(2) Other federal agencies.--If an award is presented pursuant
to subsection (a) to a Federal Government employee who is not
employed by the Department, the employing agency may determine
whether to provide such employee any recognition or benefits in
addition to the recognition or benefits provided by the Department.
(c) Eligibility.--Any interagency economics team at a United States
overseas mission under chief of mission authority that assists United
States companies with identifying, navigating, and securing trade and
investment opportunities in a foreign country or that facilitates
beneficial foreign investment into the United States is eligible for an
award under this section.
(d) Report.--Not later than the last day of the fiscal year in
which awards are presented pursuant to subsection (a), the Secretary
shall submit to the appropriate congressional committees, the Committee
on Homeland Security and Governmental Affairs of the Senate, and the
Committee on Oversight and Accountability of the House of
Representatives a report that includes--
(1) each mission receiving a Deal Team of the Year Award.
(2) the names and agencies of each awardee within the recipient
deal teams; and
(3) a detailed description of the reason such deal teams
received such award.
TITLE LXVI--PUBLIC DIPLOMACY
SEC. 6601. PUBLIC DIPLOMACY OUTREACH.
(a) Coordination of Resources.--The Administrator of the United
States Agency for International Development and the Secretary shall
direct public affairs sections at United States embassies and USAID
Mission Program Officers at USAID missions to coordinate, enhance and
prioritize resources for public diplomacy and awareness campaigns
around United States diplomatic and development efforts, including
through--
(1) the utilization of new media technology for maximum public
engagement; and
(2) enact coordinated comprehensive community outreach to
increase public awareness and understanding and appreciation of
United States diplomatic and development efforts.
(b) Development Outreach and Coordination Officers.--USAID should
prioritize hiring of additional Development Outreach and Coordination
officers in USAID missions to support the purposes of subsection (a).
(c) Best Practices.--The Secretary and the Administrator of USAID
shall identify 10 countries in which Embassies and USAID missions have
successfully executed efforts, including monitoring and evaluation of
such efforts, described in (a) and develop best practices to be turned
into Department and USAID guidance.
SEC. 6602. MODIFICATION ON USE OF FUNDS FOR RADIO FREE EUROPE/RADIO
LIBERTY.
In section 308(h) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6207(h)) is amended--
(1) by striking subparagraphs (1), (3), and (5); and
(2) by redesignating paragraphs (2) and (4) as paragraphs (1)
and (2), respectively.
SEC. 6603. REPORT ON RADIO FREE AFRICA AND RADIO FREE AMERICAS.
Not later than 180 days after the date of the enactment of this
division, the Chief Executive Officer of the United States Agency for
Global Media shall submit a report to the appropriate congressional
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives that
details the financial and other resources that would be required to
establish and operate 2 nonprofit organizations, modeled after Radio
Free Europe/Radio Liberty and Radio Free Asia, for the purposes of
providing accurate, uncensored, and reliable news and information to--
(1) the region of Africa, with respect to Radio Free Africa;
and
(2) the region of Latin America and the Caribbean, with respect
to Radio Free Americas.
SEC. 6604. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.
(a) In General.--The Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the end the
following:
``SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.
``(a) Establishment.--There is established the John Lewis Civil
Rights Fellowship Program (referred to in this section as the
`Fellowship Program') within the J. William Fulbright Educational
Exchange Program.
``(b) Purposes.--The purposes of the Fellowship Program are--
``(1) to honor the legacy of Representative John Lewis by
promoting a greater understanding of the history and tenets of
nonviolent civil rights movements; and
``(2) to advance foreign policy priorities of the United States
by promoting studies, research, and international exchange in the
subject of nonviolent movements that established and protected
civil rights around the world.
``(c) Administration.--The Bureau of Educational and Cultural
Affairs (referred to in this section as the `Bureau') shall administer
the Fellowship Program in accordance with policy guidelines established
by the Board, in consultation with the binational Fulbright Commissions
and United States Embassies.
``(d) Selection of Fellows.--
``(1) In general.--The Board shall annually select qualified
individuals to participate in the Fellowship Program. The Bureau
may determine the number of fellows selected each year, which,
whenever feasible, shall be not fewer than 25.
``(2) Outreach.--
``(A) In general.--To the extent practicable, the Bureau
shall conduct outreach at institutions, including--
``(i) minority serving institutions, including
historically Black colleges and universities; and
``(ii) other appropriate institutions that are likely
to produce a range of qualified applicants, as determined
by the Bureau.
``(B) Definitions.--In this paragraph:
``(i) Historically black college and university.--The
term `historically Black college and university' has the
meaning given the term `part B institution' in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061).
``(ii) Minority serving institution.--The term
`minority-serving institution' means an eligible
institution under section 371(a) of the Higher Education
Act of 1965 (20 U.S.C. 1067q(a)).
``(e) Fellowship Orientation.--Annually, the Bureau shall organize
and administer a fellowship orientation, which shall--
``(1) be held in Washington, D.C., or at another location
selected by the Bureau; and
``(2) include programming to honor the legacy of Representative
John Lewis.
``(f) Structure.--
``(1) Work plan.--To carry out the purposes described in
subsection (b)--
``(A) each fellow selected pursuant to subsection (d) shall
arrange an internship or research placement--
``(i) with a nongovernmental organization, academic
institution, or other organization approved by the Bureau;
and
``(ii) in a country with an operational Fulbright U.S.
Student Program; and
``(B) the Bureau shall, for each fellow, approve a work
plan that identifies the target objectives for the fellow,
including specific duties and responsibilities relating to
those objectives.
``(2) Conferences; presentations.--Each fellow shall--
``(A) attend a fellowship orientation organized and
administered by the Bureau under subsection (e);
``(B) not later than the date that is 1 year after the end
of the fellowship period, attend a fellowship summit organized
and administered by the Bureau, which--
``(i) whenever feasible, shall be held in a location of
importance to the civil rights movement in the United
States; and
``(ii) may coincide with other events facilitated by
the Bureau; and
``(C) at such summit, give a presentation on lessons
learned during the period of the fellowship.
``(3) Fellowship period.--Each fellowship under this section
shall continue for a period determined by the Bureau, which,
whenever feasible, shall be not fewer than 10 months.
``(g) Fellowship Award.--The Bureau shall provide each fellow under
this section with an allowance that is equal to the amount needed for--
``(1) the reasonable costs of the fellow during the fellowship
period; and
``(2) travel and lodging expenses related to attending the
orientation and summit required under subsection (e)(2).
``(h) Annual Report.--Not later than 1 year after the date of the
completion of the Fellowship Program by the initial cohort of fellows
selected under subsection (d), and annually thereafter, the Secretary
of State shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report on the implementation of the Fellowship
Program, including--
``(1) a description of the demographics of the cohort of
fellows who completed a fellowship during the preceding 1-year
period;
``(2) a description of internship and research placements, and
research projects selected by such cohort, under the Fellowship
Program, including feedback from--
``(A) such cohort on implementation of the Fellowship
Program; and
``(B) the Secretary on lessons learned;
``(3) a plan for factoring such lessons learned into future
programming, and
``(4) an analysis of trends relating to the diversity of each
cohort of fellows and the topics of projects completed since the
establishment of the Fellowship Program.''.
(b) Technical and Conforming Amendments to the Mutual Educational
and Cultural Exchange Act of 1961.--Section 112(a) of the Mutual
Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2460(a)) is
amended--
(1) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(10) the John Lewis Civil Rights Fellowship Program
established under section 115, which provides funding for
international internships and research placements for early- to
mid-career individuals from the United States to study nonviolent
civil rights movements in self-arranged placements with
universities or nongovernmental organizations in foreign
countries.''.
(c) Sunset.--The authority to carry out the John Lewis Civil Rights
Fellowship Program established under section 115 of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.),
as added by subsection (a), shall expire on the date that is 10 years
after the date of the enactment of this division.
SEC. 6605. DOMESTIC ENGAGEMENT AND PUBLIC AFFAIRS.
(a) Strategy Required.--Not later than 180 days after the date of
the enactment of this division, the Secretary shall develop a strategy
to explain to the American people the value of the work of the
Department and the importance that United States foreign policy plays
in advancing the national security of the United States. The strategy
shall include--
(1) tools to inform the American people about the non-partisan
importance of United States diplomacy and foreign relations and to
utilize public diplomacy to meet the United States' national
security priorities;
(2) efforts to reach the widest possible audience of Americans,
including those who historically have not had exposure to United
States foreign policy efforts and priorities;
(3) additional staffing and resource needs including--
(A) domestic positions within the Bureau of Global Public
Affairs to focus on engagement with the American people as
outlined in paragraph (1);
(B) positions within the Bureau of Educational and Cultural
Affairs to enhance programs and reach the widest possible
audience;
(C) increasing the number of fellowship and detail programs
that place Foreign Service and civil service employees outside
the Department for a limited time, including Pearson Fellows,
Reta Jo Lewis Local Diplomats, Brookings Fellows, and
Georgetown Fellows; and
(D) recommendations for increasing participation in the
Hometown Diplomats program and evaluating this program as well
as other opportunities for Department officers to engage with
American audiences while traveling within the United States.
SEC. 6606. MODERNIZATION AND ENHANCEMENT STRATEGY.
Not later than 180 days after the date of the enactment of this
division, the Secretary shall submit a strategy to the appropriate
congressional committees for--
(1) modernizing and increasing the operational and programming
capacity of American Spaces and American Corners throughout the
world, including by leveraging public-private partnerships;
(2) providing salaries to locally employed staff of American
Spaces and American Corners; and
(3) providing opportunities for United States businesses and
nongovernmental organizations to better utilize American Spaces.
TITLE LXVII--OTHER MATTERS
SEC. 6701. INTERNSHIPS OF UNITED STATES NATIONALS AT INTERNATIONAL
ORGANIZATIONS.
(a) In General.--The Secretary is authorized to bolster efforts to
increase the number of United States citizens representative of the
American people occupying positions in the United Nations system,
agencies, and commissions, and in other international organizations,
including by awarding grants to educational institutions and students.
(b) Report.--Not later than 90 days after the date of the enactment
of this division, the Secretary of State shall submit a report to the
appropriate congressional committees that identifies--
(1) the number of United States citizens who are involved in
internship programs at international organizations;
(2) the distribution of the individuals described in paragraph
(1) among various international organizations; and
(3) grants, programs, and other activities that are being
utilized to recruit and fund United States citizens to participate
in internship programs at international organizations.
(c) Eligibility.--An individual referred to in subsection (a) is an
individual who--
(1) is enrolled at or received their degree within two years
from--
(A) an institution of higher education; or
(B) an institution of higher education based outside the
United States, as determined by the Secretary; and
(2) is a citizen of the United States.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $1,500,000 for the Department for fiscal year 2024 to
carry out the grant program authorized under subsection (a).
SEC. 6702. TRAINING FOR INTERNATIONAL ORGANIZATIONS.
(a) Training Programs.--Section 708 of the Foreign Service Act of
1980 (22 U.S.C. 4028) is amended by adding at the end of the following
new subsection:
``(e) Training in Multilateral Diplomacy.--
``(1) In general.--The Secretary, in consultation with other
senior officials as appropriate, shall establish training courses
on--
``(A) the conduct of diplomacy at international
organizations and other multilateral institutions; and
``(B) broad-based multilateral negotiations of
international instruments.
``(2) Required training.--Members of the Service, including
appropriate chiefs of mission and other officers who are assigned
to United States missions representing the United States to
international organizations and other multilateral institutions or
who are assigned in other positions that have as their primary
responsibility formulation of policy related to such organizations
and institutions, or participation in negotiations of international
instruments, shall receive specialized training in the areas
described in paragraph (1) prior to the beginning of service for
such assignment or, if receiving such training at that time is not
practical, within the first year of beginning such assignment.''.
(b) Training for Department Employees.--The Secretary of State
shall ensure that employees of the Department of State who are assigned
to positions described in paragraph (2) of subsection (e) of section
708 of the Foreign Service Act of 1980 (as added by subsection (a) of
this section), including members of the civil service or general
service, or who are seconded to international organizations for a
period of at least one year, receive training described in such
subsection and participate in other such courses as the Secretary may
recommend to build or augment identifiable skills that would be useful
for such Department officials representing United States interests at
these institutions and organizations.
SEC. 6703. INFRASTRUCTURE PROJECTS AND INVESTMENTS BY THE UNITED STATES
AND PEOPLE'S REPUBLIC OF CHINA.
Not later than 1 year after the date of the enactment of this
division, the Secretary, in coordination with the Administrator of the
United States Agency for International Development and the Chief
Executive Officer of the Development Finance Corporation, shall submit
to the appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations of
the House of Representatives a report regarding the opportunities and
costs of infrastructure projects in Middle East, African, and Latin
American and Caribbean countries, which shall--
(1) describe the nature and total funding of United States
infrastructure investments and construction in Middle East,
African, and Latin American and Caribbean countries, and that of
United States allies and partners in the same regions;
(2) describe the nature and total funding of infrastructure
investments and construction by the People's Republic of China in
Middle East, African, and Latin American and Caribbean countries;
(3) assess the national security threats posed by the
infrastructure investment gap between the People's Republic of
China and the United States and United States allies and partners,
including--
(A) infrastructure, such as ports;
(B) access to critical and strategic minerals;
(C) digital and telecommunication infrastructure;
(D) threats to supply chains; and
(E) general favorability towards the People's Republic of
China and the United States and United States' allies and
partners among Middle East, African, and Latin American and
Caribbean countries;
(4) assess the opportunities and challenges for companies based
in the United States to invest in infrastructure projects in Middle
East, African, and Latin American and Caribbean countries;
(5) describe options for the United States Government to
undertake to increase support for United States businesses engaged
in large-scale infrastructure projects in Middle East, African, and
Latin American and Caribbean countries; and
(6) identify regional infrastructure priorities, ranked
according to United States national interests, in Middle East,
African, and Latin American and Caribbean countries.
SEC. 6704. SPECIAL ENVOYS.
(a) Review.--Not later than 180 days after the date of the
enactment of this division, the Secretary shall conduct a review of all
special envoy positions to determine--
(1) which special envoy positions are needed to accomplish the
mission of the Department;
(2) which special envoy positions could be absorbed into the
Department's existing bureau structure;
(3) which special envoy positions were established by an Act of
Congress; and
(4) which special envoy positions were created by the Executive
Branch without explicit congressional approval.
(b) Report.--Not later than 60 days after the completion of the
review required under subsection (a), the Secretary shall submit a
report to the appropriate congressional committees that includes--
(1) a list of every special envoy position in the Department;
(2) a detailed justification of the need for each special
envoy, if warranted;
(3) a list of the special envoy positions that could be
absorbed into the Department's existing bureau structure without
compromising the mission of the Department;
(4) a list of the special envoy positions that were created by
an Act of Congress; and
(5) a list of the special envoy positions that are not
expressly authorized by statute.
SEC. 6705. US-ASEAN CENTER.
(a) Defined Term.--In this section, the term ``ASEAN'' means the
Association of Southeast Asian Nations.
(b) Establishment.--The Secretary is authorized to enter into a
public-private partnership for the purposes of establishing a US-ASEAN
Center in the United States to support United States economic and
cultural engagement with Southeast Asia.
(c) Functions.--Notwithstanding any other provision of law, the US-
ASEAN Center established pursuant to subsection (b) may--
(1) provide grants for research to support and elevate the
importance of the US-ASEAN partnership;
(2) facilitate activities to strengthen US-ASEAN trade and
investment;
(3) expand economic and technological relationships between
ASEAN countries and the United States into new areas of
cooperation;
(4) provide training to United States citizens and citizens of
ASEAN countries that improve people-to-people ties;
(5) develop educational programs to increase awareness for the
United States and ASEAN countries on the importance of relations
between the United States and ASEAN countries; and
(6) carry out other activities the Secretary considers
necessary to strengthen ties between the United States and ASEAN
countries and achieve the objectives of the US-ASEAN Center.
(d) Parameters.--In carrying out this section, the Secretary shall
ensure that the activities of the US-ASEAN Center do not duplicate
current lines of effort being conducted by the United States Government
or its grantees.
SEC. 6706. BRIEFINGS ON THE UNITED STATES-EUROPEAN UNION TRADE AND
TECHNOLOGY COUNCIL.
It is the sense of Congress that the United States-European Union
Trade and Technology Council is an important forum for the United
States and the European Union to engage on transatlantic trade,
investment, and engagement on matters related to critical and emerging
technology and that the Department should provide regular updates to
the appropriate congressional committees on the deliverables and policy
initiatives announced at United States-European Union Trade and
Technology Council ministerials.
SEC. 6707. MODIFICATION AND REPEAL OF REPORTS.
(a) Country Reports on Human Rights Practices.--
(1) In general.--The Secretary shall examine the production of
the 2023 and subsequent annual Country Reports on Human Rights
Practices by the Assistant Secretary for Democracy, Human Rights,
and Labor as required under sections 116(d) and 502B(b) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d), 2304(b)) to
maximize--
(A) cost and personnel efficiencies;
(B) the potential use of data and analytic tools and
visualization; and
(C) advancement of the modernization agenda for the
Department announced by the Secretary on October 27, 2021.
(2) Transnational repression amendments to annual country
reports on human rights practices.--Section 116(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended by adding at
the end the following new paragraph:
``(13) Wherever applicable, a description of the nature and
extent of acts of transnational repression that occurred during the
preceding year, including identification of--
``(A) incidents in which a government harassed,
intimidated, or killed individuals outside of their
internationally recognized borders and the patterns of such
repression among repeat offenders;
``(B) countries in which such transnational repression
occurs and the role of the governments of such countries in
enabling, preventing, mitigating, and responding to such acts;
``(C) the tactics used by the governments of countries
identified pursuant to subparagraph (A), including the actions
identified and any new techniques observed;
``(D) in the case of digital surveillance and harassment,
the type of technology or platform, including social media,
smart city technology, health tracking systems, general
surveillance technology, and data access, transfer, and storage
procedures, used by the governments of countries identified
pursuant to subparagraph (A) for such actions; and
``(E) groups and types of individuals targeted by acts of
transnational repression in each country in which such acts
occur.''.
(b) Elimination of Obsolete Reports.--
(1) Annual reports relating to funding mechanisms for
telecommunications security and semiconductors.--Division H of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) is amended--
(A) in section 9202(a)(2) (47 U.S.C. 906(a)(2))--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraph (D) as subparagraph
(C); and
(B) in section 9905 (15 U.S.C. 4655)--
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as subsection (c).
(2) Annual report on promoting the rule of law in the russian
federation.--Section 202 of the Russia and Moldova Jackson-Vanik
Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012
(Public Law 112-208) is amended by striking subsection (a).
(3) Annual report on advancing freedom and democracy.--Section
2121 of the Advance Democratic Values, Address Nondemocratic
Countries, and Enhance Democracy Act of 2007 (title XXI of Public
Law 110-53) is amended by striking subsection (c).
(4) Annual reports on united states-vietnam human rights
dialogue meetings.--Section 702 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n note) is
repealed.
SEC. 6708. ART IN EMBASSIES.
Section 5112(c) of the Department of State Authorization Act of
2021 (division E of Public Law 117-81; 135 Stat, 2350) is amended by
striking ``2 years after'' and inserting ``4 years after''.
SEC. 6709. INSTITUTE FOR TRANSATLANTIC ENGAGEMENT.
(a) Establishment.--The Secretary of State is authorized to
establish the Institute for Transatlantic Engagement (referred to in
this section as the ``Institute'').
(b) Purpose.--The purpose of any Institute established pursuant to
subsection (a) shall be to strengthen national security by
highlighting, to a geographically diverse set of populations from the
United States, Canada, and European nations, the importance of the
transatlantic relationship and the threats posed by adversarial
countries, such as the Russian Federation and the People's Republic of
China, to democracy, free-market economic principles, and human rights.
(c) Director.--Any Institute established pursuant to subsection (a)
shall be headed by a Director, to be appointed by the Secretary, who
shall have expertise in transatlantic relations and diverse populations
in the United States and Europe.
(d) Scope and Activities.--Any Institute established pursuant to
subsection (a) shall--
(1) strengthen knowledge among participants of the formation
and implementation of transatlantic policies critical to national
security, including the threats posed by the Russian Federation and
the People's Republic of China;
(2) increase awareness among participants of the roles of
government and nongovernmental actors, such as multilateral
organizations, businesses, civil society actors, academia, think
tanks, and philanthropic institutions, in transatlantic policy
development and execution;
(3) increase understanding among participants of the manner in
which diverse backgrounds and perspectives affect the development
of transatlantic policies;
(4) enhance the skills, abilities, and effectiveness of
participating government officials;
(5) increase awareness among participants of the importance of,
and interest in, international public service careers;
(6) not less than 3 times annually, convene representatives of
the United States Government, the Government of Canada, and of
governments of European nations for a program offered by the
Institute; and
(7) develop metrics to track the success and efficacy of the
program which shall be reported to the appropriate congressional
committees and prior to the convening of the first program
described in paragraph (6).
(e) Eligibility to Participate.--Participants in the programs of
the Institute shall include elected government officials--
(1) serving at national, regional, or local levels in the
United States, Canada, and European nations; and
(2) who represent geographically diverse backgrounds or
constituencies in the United States, Canada, and Europe.
(f) Selection of Participants.--
(1) United states participants.--Participants from the United
States shall be appointed in an equally divided manner by--
(A) the chairpersons and ranking members of the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives;
(B) the majority leader of the Senate and the minority
leader of the Senate; and
(C) the Speaker of the House of Representatives and the
minority leader of the House of Representatives.
(2) European and canadian participants.--Participants from
Europe and Canada shall be appointed by the Secretary of State, in
consultation with--
(A) the chairpersons and ranking members of the appropriate
congressional committees;
(B) the majority leader of the Senate and the minority
leader of the Senate; and
(C) the Speaker of the House of Representatives and the
minority leader of the House of Representatives.
(g) Restrictions.--
(1) Unpaid participation.--Participants in the Institute may
not be paid a salary for such participation.
(2) Reimbursement.--The Institute may pay or reimburse
participants for reasonable travel, lodging, and food in connection
with participation in the program.
(3) Travel.--No funds authorized to be appropriated under
subsection (h) may be used for travel for members of Congress to
participate in Institute activities.
(h) Authorization of Appropriations.--There is authorized to be
appropriated up to $750,000 for fiscal years 2024 and 2025 to carry out
this section.
(i) Sunset.--The authority provided by this section terminates on
December 31, 2025.
SEC. 6710. NOTIFICATION OF REVOCATION OF CLEARANCES.
(a) In General.--With respect to any covered official whose
security clearance is suspended or revoked, the Secretary shall--
(1) submit to the Chair and Ranking Member of the appropriate
congressional committees, the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives a notification not later than 15 days after the
suspension or revocation of such clearance; and
(2) brief the Chair and Ranking Member of the appropriate
congressional committees, the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives not later than 30 days after such suspension or
revocation on the present employment status of such individual and
whether the job duties of such individual have changed since such
suspension or revocation.
(b) Form.--The notification and briefing required by subsection (a)
may be provided in classified form, if necessary.
(c) Covered Official Defined.--For purposes of this section, the
term ``covered official'' means any of the following:
(1) Any individual holding a position at or higher than the
level of Assistant Secretary or its equivalent in the Department of
State.
(2) Any individual holding the position of chief of mission or
principal officer at any diplomatic or consular post.
(3) Any individual holding the rank and status of an ambassador
or otherwise holding a position that reports directly to the
Secretary, such as a special envoy.
(d) Sunset.--This section shall terminate not later than three
years after the date of the enactment of this division.
DIVISION G--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
SEC. 7001. SHORT TITLE.
This division may be cited as the ``Intelligence Authorization Act
for Fiscal Year 2024''.
SEC. 7002. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section 3.
SEC. 7003. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in the
House section of the Congressional Record by the Chairman of the
Permanent Select Committee on Intelligence of the House of
Representatives and in the Senate section of the Congressional Record
by the Chairman of the Select Committee on Intelligence of the Senate,
shall have the same effect with respect to the implementation of this
division as if it were a joint explanatory statement of a committee of
conference.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 7101. Authorization of appropriations.
Sec. 7102. Classified Schedule of Authorizations.
Sec. 7103. Intelligence Community Management Account.
Sec. 7104. Increase in employee compensation and benefits authorized by
law.
Sec. 7105. Restriction on conduct of intelligence activities.
SEC. 7101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the conduct of the intelligence and intelligence-related activities
of the Federal Government.
SEC. 7102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the Federal Government are those specified in the
classified Schedule of Authorizations prepared to accompany this
division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations referred to in subsection
(a), or of appropriate portions of such Schedule, within the
executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any portion
of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 7103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2024 the sum of
$645,900,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2024 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
SEC. 7104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 7105. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 7201. Authorization of appropriations.
SEC. 7201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2024.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 7301. Plan to recruit, train, and retain personnel with experience
in financial intelligence and emerging technologies.
Sec. 7302. Policy and performance framework for mobility of intelligence
community workforce.
Sec. 7303. Standards, criteria, and guidance for counterintelligence
vulnerability assessments and surveys.
Sec. 7304. Improving administration of certain post-employment
restrictions for intelligence community.
Sec. 7305. Mission of the National Counterintelligence and Security
Center.
Sec. 7306. Budget transparency on costs of implementation of Executive
Order 13556.
Sec. 7307. Improvements relating to intelligence community staffing,
details, and assignments.
Sec. 7308. Insider threats.
Sec. 7309. Modification of deadline for annual submission of National
Intelligence Priorities Framework.
Sec. 7310. Matters relating to chief data officers of intelligence
community.
Sec. 7311. Modification to special pay authority for science,
technology, engineering, or mathematics positions.
Sec. 7312. Annual report on unfunded priorities of intelligence
community.
Sec. 7313. Submission of legislative proposals.
Sec. 7314. Annual report on reporting requirements.
Sec. 7315. Notice and damage assessment with respect to significant
unauthorized disclosure or compromise of classified national
intelligence.
Sec. 7316. In-state tuition rates for certain members of intelligence
community.
Sec. 7317. Repeal of study on personnel under Strategic Intelligence
Partnership Program.
Sec. 7318. Intelligence Community Counterintelligence Office at the
Department of Agriculture.
Sec. 7319. Sunset of Climate Security Advisory Council.
Sec. 7320. Inclusion of counternarcotics as special topic in certain
budget justification materials.
Sec. 7321. Development of plan to make open-source intelligence products
available to certain Federal employees.
Sec. 7322. Intelligence community-wide policy on prepublication review.
Sec. 7323. Review relating to confidential human source program of
Federal Bureau of Investigation.
Sec. 7324. Prohibition on availability of funds for certain activities
and assessment of the Overt Human Intelligence and Open Source
Intelligence Collection Programs of the Office of Intelligence
and Analysis of the Department of Homeland Security.
Sec. 7325. Sense of Congress on priority of fentanyl in National
Intelligence Priorities Framework.
Sec. 7326. Reports on civilian casualties caused by certain operations
of foreign governments.
Sec. 7327. Modification and repeal of reporting requirements.
Subtitle B--Central Intelligence Agency
Sec. 7331. Change to penalties and increased availability of mental
health treatment for unlawful conduct on Central Intelligence
Agency installations.
Sec. 7332. Modifications to procurement authorities of the Central
Intelligence Agency.
Sec. 7333. Inspector General of the Central Intelligence Agency
quarterly employee engagement summaries.
Sec. 7334. Benjamin Tallmadge Institute as primary Central Intelligence
Agency entity for education and training in
counterintelligence.
Sec. 7335. Central Intelligence Agency intelligence assessment of
Sinaloa Cartel and Jalisco Cartel.
Sec. 7336. Central Intelligence Agency intelligence assessment with
respect to efforts by People's Republic of China to increase
influence in Middle East.
Sec. 7337. Assessment of availability of mental health and chaplain
services to Agency employees.
Sec. 7338. Assessment by Director of Central Intelligence Agency on
certain effects of Abraham Accords.
Sec. 7339. Reporting and investigating allegations of sexual assault and
sexual harassment within the Central Intelligence Agency.
Subtitle C--Matters Relating to Defense Intelligence and Overhead
Architecture
Sec. 7341. Modification of reporting requirement for All-Domain Anomaly
Resolution Office.
Sec. 7342. Defense Intelligence Agency assessment of strategic
competition in Latin America and the Caribbean.
Sec. 7343. Funding limitations relating to unidentified anomalous
phenomena.
Subtitle D--Matters Relating to National Security Agency, Cyber, and
Commercial Cloud Enterprise
Sec. 7351. Congressional notification by National Security Agency of
intelligence collection adjustments.
Sec. 7352. Modifications to enforcement of cybersecurity requirements
for national security systems.
Sec. 7353. Support by intelligence community for certain cross-
functional team of Department of Defense.
Sec. 7354. Commercial Cloud Enterprise notification.
Sec. 7355. Commercial Cloud Enterprise sole source task order
notification requirement.
Sec. 7356. Analysis of commercial cloud initiatives of intelligence
community.
Subtitle A--General Intelligence Community Matters
SEC. 7301. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH EXPERIENCE
IN FINANCIAL INTELLIGENCE AND EMERGING TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the heads of human capital of the Central
Intelligence Agency, the National Security Agency, and the Federal
Bureau of Investigation, shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives a plan for
the intelligence community to recruit, train, and retain personnel who
have skills and experience in financial intelligence and emerging
technologies in order to improve analytic tradecraft.
(b) Elements.--The plan required by subsection (a) shall include
the following elements:
(1) An assessment, including measurable benchmarks of progress,
of current initiatives of the intelligence community to recruit,
train, and retain personnel who have skills and experience in
financial intelligence and emerging technologies.
(2) An assessment of whether personnel in the intelligence
community who have such skills are currently well integrated into
the analytical cadre of the relevant elements of the intelligence
community that produce analyses with respect to financial
intelligence and emerging technologies.
(3) An identification of challenges to hiring or compensation
in the intelligence community that limit progress toward rapidly
increasing the number of personnel with such skills, and an
identification of hiring or other reforms to resolve such
challenges.
(4) A determination of whether the National Intelligence
University has the resources and expertise necessary to train
existing personnel in financial intelligence and emerging
technologies.
(5) A strategy, including measurable benchmarks of progress,
to, by January 1, 2025, increase the analytical cadre of personnel
with expertise and previous employment in financial intelligence
and emerging technologies.
SEC. 7302. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY OF
INTELLIGENCE COMMUNITY WORKFORCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
coordination with the Secretary of Defense and the Director of the
Office of Personnel Management as the Director of National Intelligence
considers appropriate, develop and implement a policy and performance
framework to ensure the timely and effective mobility of employees and
contractors of the Federal Government who are transferring employment
between elements of the intelligence community.
(b) Elements.--The policy and performance framework required by
subsection (a) shall include processes with respect to the following:
(1) Human resources.
(2) Medical reviews.
(3) Determinations of suitability or eligibility for access to
classified information in accordance with Executive Order 13467 (50
U.S.C. 3161 note; relating to reforming processes related to
suitability for Government employment, fitness for contractor
employees, and eligibility for access to classified national
security information).
SEC. 7303. STANDARDS, CRITERIA, AND GUIDANCE FOR COUNTERINTELLIGENCE
VULNERABILITY ASSESSMENTS AND SURVEYS.
Section 904(d)(7)(A) of the Counterintelligence Enhancement Act of
2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as follows:
``(A) Counterintelligence vulnerability assessments and
surveys.--To develop standards and criteria for
counterintelligence risk assessments and surveys of the
vulnerability of the United States to intelligence threats,
including with respect to critical infrastructure and critical
technologies, in order to identify the areas, programs, and
activities that require protection from such threats.''.
SEC. 7304. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOYMENT
RESTRICTIONS FOR INTELLIGENCE COMMUNITY.
Section 304(d) of the National Security Act of 1947 (50 U.S.C.
3073a(d)) is amended--
(1) in paragraph (1), by inserting ``the restrictions under
subsection (a) and'' before ``the report requirements'';
(2) in paragraph (2), by striking ``ceases to occupy'' and
inserting ``occupies''; and
(3) in paragraph (3)(B), by striking ``before the person ceases
to occupy a covered intelligence position'' and inserting ``when
the person occupies a covered intelligence position''.
SEC. 7305. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY
CENTER.
(a) In General.--Section 904 of the Counterintelligence Enhancement
Act of 2002 (50 U.S.C. 3383) is amended--
(1) by redesignating subsections (d) through (i) as subsections
(e) through (j), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Mission.--The mission of the National Counterintelligence and
Security Center shall include organizing and leading strategic planning
for counterintelligence activities of the United States Government by
integrating instruments of national power as needed to counter foreign
intelligence activities.''.
(b) Conforming Amendments.--
(1) Counterintelligence enhancement act of 2002.--Section 904
of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383)
is amended--
(A) in subsection (e), as redesignated by subsection
(a)(1), by striking ``Subject to subsection (e)'' both places
it appears and inserting ``Subject to subsection (f)''; and
(B) in subsection (f), as so redesignated--
(i) in paragraph (1), by striking ``subsection (d)(1)''
and inserting ``subsection (e)(1)''; and
(ii) in paragraph (2), by striking ``subsection
(d)(2)'' and inserting ``subsection (e)(2)''.
(2) Counterintelligence and security enhancements act of
1994.--Section 811(d)(1)(B)(ii) of the Counterintelligence and
Security Enhancements Act of 1994 (50 U.S.C. 3381(d)(1)(B)(ii)) is
amended by striking ``section 904(d)(2) of that Act (50 U.S.C.
3383(d)(2))'' and inserting ``section 904(e)(2) of that Act (50
U.S.C. 3383(e)(2))''.
SEC. 7306. BUDGET TRANSPARENCY ON COSTS OF IMPLEMENTATION OF EXECUTIVE
ORDER 13556.
The head of each element of the intelligence community shall
provide a cost estimate for implementation of Executive Order 13556 (75
Fed. Reg. 68675; relating to controlled unclassified information), or
any successor order, over the future years intelligence plan to the
congressional intelligence committees not later than 30 days after the
date on which the President submits to Congress a budget of the United
States Government for fiscal year 2025 pursuant to section 1105(a) of
title 31, United States Code.
SEC. 7307. IMPROVEMENTS RELATING TO INTELLIGENCE COMMUNITY STAFFING,
DETAILS, AND ASSIGNMENTS.
(a) Improvements Relating to Assignments and Details.--Section
102A(f)(3)(A) of the National Security Act of 1947 (50 U.S.C.
3024(f)(3)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``personnel
policies'' and inserting ``binding personnel policies'';
(2) by amending clause (i) to read as follows:
``(i) require and facilitate assignments and details of
personnel to national intelligence centers, and between elements of
the intelligence community over the course of the careers of such
personnel;''; and
(3) by amending clause (v) to read as follows:
``(v) require service in more than one element of the
intelligence community as a condition of promotion to such
positions within the intelligence community as the Director shall
specify, and take requisite steps to ensure compliance among
elements of the intelligence community; and''.
(b) Required Staffing Document for Office of Director of National
Intelligence.--
(1) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish, and thereafter shall update as necessary, a single
document setting forth each position within the Office of the
Director of National Intelligence, including any directorate,
center, or office within such Office.
(2) Elements.--The document under paragraph (1) shall include,
with respect to each position set forth in the document, the
following:
(A) A description of the position.
(B) The directorate, center, office, or other component of
the Office of the Director of National Intelligence within
which the position is.
(C) The element of the intelligence community designated to
fill the position, if applicable.
(D) The requisite type and level of skills for the
position, including any special skills or certifications
required.
(E) The requisite security clearance level for the
position.
(F) The pay grade for the position.
(G) Any special pay or incentive pay payable for the
position.
(3) Integrated representation.--In establishing and filling the
positions specified in paragraph (1), the Director of National
Intelligence shall take such steps as may be necessary to ensure
the integrated representation of officers and employees from the
other elements of the intelligence community with respect to such
positions.
SEC. 7308. INSIDER THREATS.
Section 102A(f) of the National Security Act of 1947 (50 U.S.C.
3024(f)) is amended--
(1) by redesignating paragraphs (8) through (10) as paragraphs
(9) through (11), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) The Director of National Intelligence shall--
``(A) conduct assessments and audits of the compliance of each
element of the intelligence community with minimum insider threat
policy;
``(B) receive information from each element of the intelligence
community regarding the collection, sharing, and use by such
element of audit and monitoring data for insider threat detection
across all classified and unclassified information technology
systems within such element;
``(C) provide guidance and oversight to Federal departments and
agencies to fully implement automated records checks, consistent
with personnel vetting reforms and the Trusted Workforce 2.0
initiative, or successor initiative, and ensure that information
collected pursuant to such records checks is appropriately shared
in support of intelligence community-wide insider threat
initiatives;
``(D) carry out evaluations of the effectiveness of
counterintelligence, security, and insider threat program
activities of each element of the intelligence community, including
with respect to the lowest organizational unit of each such
element, that include an identification of any gaps, shortfalls, or
resource needs of each such element;
``(E) identify gaps, shortfalls, resources needs, and
recommendations for adjustments in allocations and additional
resources and other remedies to strengthen counterintelligence,
security, and insider threat detection programs;
``(F) pursuant to final damage assessments facilitated by the
National Counterintelligence and Security Center that have been
undertaken as a result of an unauthorized disclosure, determine
whether the heads of the elements of the intelligence community
implement recommended mitigation, and notify the congressional
intelligence committees of such determinations and notify the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives in cases involving
elements of the intelligence community withing the Department of
Defense; and
``(G) study the data collected during the course of background
investigations and adjudications for security clearances granted to
individuals who subsequently commit unauthorized disclosures, and
issue findings regarding the quality of such data as a predictor
for insider threat activity, delineated by the severity of the
unauthorized disclosure.''.
SEC. 7309. MODIFICATION OF DEADLINE FOR ANNUAL SUBMISSION OF NATIONAL
INTELLIGENCE PRIORITIES FRAMEWORK.
Section 102A(p)(3) of the National Security Act of 1947 (50 U.S.C.
3024(p)(3)) is amended by striking ``October 1'' and inserting ``March
1''.
SEC. 7310. MATTERS RELATING TO CHIEF DATA OFFICERS OF INTELLIGENCE
COMMUNITY.
(a) Prohibition on Simultaneous Service as Chief Data Officer and
Chief Information Officer.--Section 103G of the National Security Act
of 1947 (50 U.S.C. 3032) is amended by adding at the end the following
new subsection:
``(d) Prohibition on Simultaneous Service as Chief Data Officer and
Chief Information Officer.--An individual serving in the position of
Chief Information Officer of the Intelligence Community or chief
information officer of any other element of the intelligence community
shall not concurrently serve as the Intelligence Community Chief Data
Officer under section 103K and as the chief data officer of any other
element of the intelligence community.''.
(b) Clarification of Duties of Intelligence Community Chief Data
Officer.--
(1) Clarification of data-related duties.--Section 103K(c)(4)
of the National Security Act of 1947 (50 U.S.C. 3034b(c)(4)) is
amended by inserting ``relating to data'' after ``duties''.
(2) Removal of unrelated duties and functions.--Not later than
90 days after the date of the enactment of this Act, consistent
with section 103K(c) of the National Security Act of 1947 (50
U.S.C. 3034b(c)), as amended by paragraph (1), the Director of
National Intelligence shall complete such internal reorganization
of the Office of the Director of National Intelligence as the
Director determines necessary to ensure that the duties of the
Intelligence Community Chief Data Officer appointed under such
section do not include any other duty that does not relate to an
issue involving data.
(3) Briefing.--Prior to the date on which the Director
completes the reorganization under paragraph (2), the Director
shall provide to the appropriate committees of Congress a briefing
regarding--
(A) the proposed reorganization; and
(B) any other efforts of the Director to ensure that any
future duties prescribed by the Director to be performed by the
Intelligence Community Chief Data Officer pursuant to section
103K(c) of the National Security Act of 1947 (50 U.S.C.
3034b(c)), as amended by paragraph (1), relate exclusively to
issues involving data, consistent with such section.
(c) Reports.--Not later than 90 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall submit to the appropriate committees of Congress a
written report regarding the organizational and reporting structure for
the chief data officer of that element, including an identification of
whether such chief data officer reports to, or is otherwise subordinate
to, the chief information officer of that element and, if so, the
rationale for such organizational and reporting structure.
(d) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations of the Senate; and
(3) the Committee on Appropriations of the House of
Representatives.
SEC. 7311. MODIFICATION TO SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS.
(a) Modification.--Section 113B of the National Security Act of
1947 (50 U.S.C. 3049a) is amended--
(1) in the section heading, by inserting ``and positions
requiring banking or financial services expertise'' after
``mathematics positions'';
(2) in subsection (a)--
(A) in the heading, by inserting ``or in Banking or
Financial Services'' after ``Mathematics'';
(B) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``or in banking or financial services
(including expertise relating to critical financial
infrastructure operations, capital markets, banking compliance
programs, or international investments)'' after ``or
mathematics'';
(C) by redesignating paragraph (2) as paragraph (3); and
(D) by inserting after paragraph (1) the following new
paragraph:
``(2) Limitation on number of recipients.--For each element of
the intelligence community, the number of individuals serving in a
position in such element who receive a higher rate of pay
established or increased under paragraph (1) may not, at any time
during a given fiscal year, exceed 50 individuals or 5 percent of
the total number of full-time equivalent positions authorized for
such element for the preceding fiscal year, whichever is
greater.''; and
(3) in subsection (e), by striking ``the element'' and
inserting ``an element''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by striking the item relating to section 113B and
inserting the following new item:
``Sec. 113B. Special pay authority for science, technology, engineering,
or mathematics positions and positions requiring banking or
financial services expertise.''.
(c) Reports.--Not later than September 1 of each year until
September 1, 2025, the head of each element of the intelligence
community shall submit to the congressional intelligence committees,
the Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on any rates of
pay established for such element under section 113B of such Act (50
U.S.C. 3049a), as amended by subsection (a), including--
(1) a description of any rates of pay so established; and
(2) an identification of the number of positions in such
element that will be subject to such rates of pay during the
subsequent fiscal year.
SEC. 7312. ANNUAL REPORT ON UNFUNDED PRIORITIES OF INTELLIGENCE
COMMUNITY.
Section 514(a) of the National Security Act of 1947 (50 U.S.C.
3113(a)) is amended by inserting ``prepare and'' after ``each element
of the intelligence community shall''.
SEC. 7313. SUBMISSION OF LEGISLATIVE PROPOSALS.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.) is amended by adding at the end the following new section (and
conforming the table of contents at the beginning of such Act
accordingly):
``SEC. 516. SUBMISSION OF LEGISLATIVE PROPOSALS.
``Not later than 45 days after the date on which the President
submits to Congress the budget for each fiscal year pursuant to section
1105(a) of title 31, United States Code, the Director of National
Intelligence shall submit to the congressional intelligence committees,
the Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives any legislative
provisions that are proposed by the Director to be enacted as part of
the annual intelligence authorization bill for that fiscal year.''.
SEC. 7314. ANNUAL REPORT ON REPORTING REQUIREMENTS.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.) is amended by adding at the end the following:
``SEC. 1114. ANNUAL REPORT ON REPORTING REQUIREMENTS.
``(a) Annual Report Required.--Not later than March 1 of each
fiscal year, the Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the House of
Representatives a report detailing all congressionally mandated
reporting requirements applicable to Office of the Director of National
Intelligence for the upcoming fiscal year.
``(b) Contents.--Each report submitted pursuant to subsection (a)
shall include, for the fiscal year covered by the report and for each
congressionally mandated reporting requirement detailed in the report:
``(1) A description of the reporting requirement.
``(2) A citation to the provision of law (or other source of
congressional directive) imposing the reporting requirement.
``(3) Whether the reporting requirement is recurring,
conditional, or subject to a termination provision.
``(4) Whether the Director recommends repealing or modifying
the requirement.
``(c) Form.--Each report submitted pursuant to subsection (a) may
be submitted in classified form.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by adding at the end the following:
``Sec. 1114. Annual report on reporting requirements.''.
SEC. 7315. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO SIGNIFICANT
UNAUTHORIZED DISCLOSURE OR COMPROMISE OF CLASSIFIED NATIONAL
INTELLIGENCE.
Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et
seq.) is amended by inserting after section 1105 the following new
section (and conforming the table of contents at the beginning of such
Act accordingly):
``SEC. 1105A. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO SIGNIFICANT
UNAUTHORIZED DISCLOSURE OR COMPROMISE OF CLASSIFIED NATIONAL
INTELLIGENCE.
``(a) Notification and Damage Assessment Requirements.--
``(1) Requirements.--If the Director of National Intelligence
becomes aware of an actual or potential significant unauthorized
disclosure or compromise of classified national intelligence--
``(A) as soon as practicable, but not later than 7 days
after the date on which the Director becomes so aware, the
Director shall notify the congressional intelligence committees
of such actual or potential disclosure or compromise; and
``(B) in the case of an actual disclosure or compromise,
not later than 7 days after the date on which the Director
becomes so aware, the Director or the head of any element of
the intelligence community from which the significant
unauthorized disclosure or compromise originated shall initiate
a damage assessment consistent with the procedures set forth in
Intelligence Community Directive 732 (relating to the conduct
of damage assessments), or successor directive, with respect to
such disclosure or compromise.
``(2) Contents of notification.--A notification submitted to
the congressional intelligence committees under paragraph (1)(A)
with respect to an actual or potential significant unauthorized
disclosure or compromise of classified national intelligence shall
include--
``(A) a summary of the facts and circumstances of such
disclosure or compromise;
``(B) a summary of the contents of the national
intelligence revealed or potentially revealed, as the case may
be, by such disclosure or compromise;
``(C) an initial appraisal of the level of actual or
potential damage, as the case may be, to the national security
of the United States as a result of such disclosure or
compromise; and
``(D) in the case of an actual disclosure or compromise,
which elements of the intelligence community will be involved
in the damage assessment conducted with respect to such
disclosure or compromise pursuant to paragraph (1)(B).
``(b) Damage Assessment Reporting Requirements.--
``(1) Recurring reporting requirement.--Not later than 30 days
after the date of the initiation of a damage assessment pursuant to
subsection (a)(1)(B), and every 90 days thereafter until the
completion of the damage assessment or upon the request of the
congressional intelligence committees, the Director of National
Intelligence shall--
``(A) submit to the congressional intelligence committees
copies of any documents or materials disclosed as a result of
the significant unauthorized disclosure or compromise of the
classified national intelligence that is the subject of the
damage assessment; and
``(B) provide to the congressional intelligence committees
a briefing on such documents and materials and a status of the
damage assessment.
``(2) Final damage assessment.--As soon as practicable after
completing a damage assessment pursuant to subsection (a)(1)(B),
the Director of National Intelligence shall submit the final damage
assessment to the congressional intelligence committees.
``(c) Notification of Referral to Department of Justice.--If a
referral is made to the Department of Justice from any element of the
intelligence community regarding a significant unauthorized disclosure
or compromise of classified national intelligence under this section,
the Director of National Intelligence shall notify the congressional
intelligence committees of the referral on the date such referral is
made.''.
SEC. 7316. IN-STATE TUITION RATES FOR CERTAIN MEMBERS OF INTELLIGENCE
COMMUNITY.
(a) In General.--Section 135(d) of the Higher Education Act of 1965
(20 U.S.C. 1015d(d)), as amended by section 6206(a)(4) of the Foreign
Service Families Act of 2021 (Public Law 117-81), is further amended--
(1) in paragraph (1), by striking ``or'' after the semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) an officer or employee of an element of the intelligence
community (as such term is defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)) who serves in a position of
employment in such element for a period of more than 30 days.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at each public institution of higher education in a State
that receives assistance under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) for the first period of enrollment at such
institution that begins after July 1, 2024.
SEC. 7317. REPEAL OF STUDY ON PERSONNEL UNDER STRATEGIC INTELLIGENCE
PARTNERSHIP PROGRAM.
Section 6435 of the Intelligence Authorization Act for Fiscal Year
2023 (Public Law 117-263; 136 Stat. 3533) is repealed (and conforming
the table of contents in section 6001(b) accordingly).
SEC. 7318. INTELLIGENCE COMMUNITY COUNTERINTELLIGENCE OFFICE AT THE
DEPARTMENT OF AGRICULTURE.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the Department
of Agriculture.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) Repeal.--Section 415 of the Intelligence Authorization Act for
Fiscal Year 2022 (Public Law 117-103; 28 U.S.C. 532 note) is repealed.
(c) Establishment of Intelligence Community Counterintelligence
Office.--
(1) Agreement with secretary of agriculture.--The Director of
National Intelligence, acting through the Director of the National
Counterintelligence and Security Center, shall seek to enter into
an agreement with the Secretary under which the Director of
National Intelligence and the Secretary shall establish within the
Department an office, which shall be known as the ``Intelligence
Community Counterintelligence Office'', in accordance with this
section.
(2) Location.--The Intelligence Community Counterintelligence
Office established pursuant to this section shall be physically
located within the headquarters of the Department and within
reasonable proximity to the offices of the leadership of the
Department.
(3) Security.--The Director of the National Counterintelligence
and Security Center shall be responsible for the protection of
classified information and for the establishment and enforcement of
all security-related controls within the Intelligence Community
Counterintelligence Office.
(d) Personnel.--
(1) Director.--
(A) Appointment.--There shall be at the head of the
Intelligence Community Counterintelligence Office a Director
who is appointed by the Director of National Intelligence. The
Director of the Intelligence Community Counterintelligence
Office shall--
(i) be supervised and subject to performance
evaluations by the Director of the National
Counterintelligence and Security Center, in consultation
with the Secretary;
(ii) be an employee of the intelligence community with
significant counterintelligence experience; and
(iii) serve for a period of 3 years.
(B) Responsibilities.--The Director of the Intelligence
Community Counterintelligence Office shall carry out the
following responsibilities:
(i) Serving as the head of the Intelligence Community
Counterintelligence Office, with supervisory responsibility
for the Intelligence Community Counterintelligence Office
and any other personnel assigned to the Intelligence
Community Counterintelligence Office.
(ii) Advising the Secretary on counterintelligence and
intelligence information.
(iii) Ensuring that counterintelligence threat
information and, as appropriate, finished intelligence on
topics related to the functions of the Department, are
provided to appropriate personnel of the department or
agency without delay.
(iv) Ensuring critical intelligence relevant to the
Secretary is requested and disseminated in a timely manner.
(v) Establishing, as appropriate, mechanisms for
collaboration through which Department subject matter
experts, including those without security clearances, can
share information and expertise with the intelligence
community.
(vi) Correlating and evaluating counterintelligence
threats identified within intelligence community reporting,
in coordination with the National Counterintelligence and
Security Center, and providing appropriate dissemination of
such intelligence to officials of the Department with a
need-to-know.
(vii) Advising the Secretary on methods to improve the
counterintelligence posture of the Department.
(viii) Where appropriate, supporting the Department's
leadership in engaging with the National Security Council.
(ix) In coordination with the National
Counterintelligence and Security Center, establishing
counterintelligence partnerships to improve the
counterintelligence defense of the Department.
(2) Deputy director.--There shall be within the Intelligence
Community Counterintelligence Office a Deputy Director who is
appointed by the Secretary, in coordination with the Director of
National Intelligence. The Deputy Director shall--
(A) be supervised and subject to performance evaluations by
the Secretary, in consultation with the Director of the
National Counterintelligence and Security Center;
(B) be a current or former employee of the Department with
significant experience within the Department; and
(C) serve at the pleasure of the Secretary.
(3) Other employees.--
(A) Joint duty assignment.--There shall be within the
Intelligence Community Counterintelligence Office such other
employees as the Director of National Intelligence, in
consultation with the Secretary, determines appropriate.
Employment at the Intelligence Community Counterintelligence
Office is an intelligence community joint duty assignment. A
permanent change of station to the Intelligence Community
Counterintelligence Office shall be for a period of not less
than 2 years.
(B) Supervision.--The Director of the Intelligence
Community Counterintelligence Office shall be responsible for
the supervision and management of employees assigned to the
Intelligence Community Counterintelligence Office, including
employees assigned by program elements of the intelligence
community and other Federal departments and agencies, as
appropriate.
(C) Joint duty or assigned personnel reimbursement.--The
Director of National Intelligence shall reimburse a program
element of the intelligence community or a Federal department
or agency for any permanent change of station employee assigned
to the Intelligence Community Counterintelligence Office from
amounts authorized to be appropriated for the Office of the
Director of National Intelligence.
(D) Operation under authority of director of national
intelligence.--Employees assigned to the Intelligence Community
Counterintelligence Office under this paragraph shall operate
under the authorities of the Director of National Intelligence
for the duration of their assignment or period of employment
within the Intelligence Community Counterintelligence Office,
except for temporary duty assignment employees.
(E) Incentive pay.--
(i) In general.--An employee who accepts employment at
the Intelligence Community Counterintelligence Office
during the 120-day period after the date of the
establishment of the Intelligence Community
Counterintelligence Office shall receive an incentive
payment, which shall be payable by the Director of National
Intelligence, in an amount equal to 10 percent of the base
annual pay of the employee. Such an employee who completes
2 years of service in the Intelligence Community
Counterintelligence Office may receive an incentive payment
in an amount equal to 10 percent of the base annual pay of
the employee if the Director of the Intelligence Community
Counterintelligence Office determines the performance of
the employee is exceptional.
(ii) Eligibility.--An employee is only eligible for an
incentive payment under clause (i) if the employee enters
into an agreement with the Director of National
Intelligence to serve in the Intelligence Community
Counterintelligence Office for a period of at least 2
years.
(e) Funding.--To the extent and in such amounts as specifically
provided in advance in appropriations Acts for the purposes detailed in
this subsection, the Director of National Intelligence may expend such
sums as are authorized within the National Intelligence Program of the
Office of the Director of National Intelligence for--
(1) the renovation, furnishing, and equipping of a Federal
building, as necessary, to meet the security and operational
requirements of the Intelligence Community Counterintelligence
Office;
(2) the provision of connectivity to the Intelligence Community
Counterintelligence Office to enable briefings, secure audio and
video communications, and collaboration between employees of the
Department and the intelligence community at the unclassified,
secret, and top secret levels;
(3) the provision of other information technology systems and
devices, such as computers, printers, and phones, for use by
employees of the Intelligence Community Counterintelligence Office;
(4) the assignment of employees of the intelligence community
to support the operation of the Intelligence Community
Counterintelligence Office; and
(5) the provision of other personal services necessary for the
operation of the Intelligence Community Counterintelligence Office.
(f) Deadline for Establishment of the Intelligence Community
Counterintelligence Office.--
(1) Establishment.--Not later than January 1, 2025, the
Director of National Intelligence shall seek to establish, in
accordance with this section, the Intelligence Community
Counterintelligence Office within the Department.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Committee
on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on the plan
to establish the Intelligence Community Counterintelligence Office
required under paragraph (1). Such report shall include the costs
and schedule associated with establishing the Intelligence
Community Counterintelligence Office.
SEC. 7319. SUNSET OF CLIMATE SECURITY ADVISORY COUNCIL.
Section 120(e) of the National Security Act of 1947 (50 U.S.C.
3060(e)) is amended by striking ``December 31, 2025'' and inserting
``December 31, 2024''.
SEC. 7320. INCLUSION OF COUNTERNARCOTICS AS SPECIAL TOPIC IN CERTAIN
BUDGET JUSTIFICATION MATERIALS.
(a) Inclusion of Counternarcotics as Special Topic.--For the
purposes of the congressional budget justification book for the
National Intelligence Program (as such term is defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)) for each of fiscal
years 2025 through 2027, and for any subsequent fiscal year as the
Director of National Intelligence determines appropriate, information
with respect to the aggregate amount of funding requested for
counternarcotics required to be included as part of the budget
justification materials submitted to Congress under section 506(a)(3)
of such Act shall be included as a provision relating to a special
topic in such congressional budget justification book.
(b) Contents.--With respect to a fiscal year, the special topic
provision included in the congressional budget justification book
pursuant to subsection (a) regarding the aggregate amount of funding
requested for counternarcotics shall include--
(1) a summary of the main activities and investments that such
requested funding would support;
(2) a breakdown of such requested funding by program, budget
category, intelligence discipline, and any other appropriate
classification;
(3) a comparison of aggregate requested funding and aggregate
enacted funding for counternarcotics for the current fiscal year
and the previous fiscal year;
(4) the number of full-time equivalent civilian and military
personnel assigned to the counternarcotics mission of the
intelligence community; and
(5) such other information as the Director of National
Intelligence determines appropriate.
SEC. 7321. DEVELOPMENT OF PLAN TO MAKE OPEN-SOURCE INTELLIGENCE
PRODUCTS AVAILABLE TO CERTAIN FEDERAL EMPLOYEES.
(a) Plan Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence, in
consultation with such heads of the elements of the intelligence
community as the Director considers appropriate, shall develop and
submit to the appropriate committees of Congress a plan to make
available to covered individuals any covered open-source intelligence
product.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) Policies and procedures to make available to covered
individuals any covered open-source intelligence product in a
manner consistent with the protection of intelligence sources and
methods.
(2) Policies and procedures to increase the availability and
accessibility to covered individuals of publicly available foreign
language material that is translated by or within the intelligence
community.
(3) Policies and procedures to ensure that the head of each
element of the intelligence community that produces any covered
open-source intelligence product complies with all policies and
procedures issued to implement the plan submitted under subsection
(a).
(4) Policies and procedures to ensure that any covered open-
source intelligence product that is made available to covered
individuals satisfies the requirements under any policy, procedure,
or standard issued by the head of an element of the intelligence
community relating to the production and dissemination of
intelligence products.
(5) Any obstacles to making available to covered individuals
unclassified products derived from open-source intelligence
produced by the intelligence community, including translated
foreign language material described in paragraph (2).
(6) With respect to implementation of the plan, a discussion of
the estimated timeline, any additional funding or other resources,
and any new authorities that would be required for such
implementation.
(7) A discussion of the feasibility and advisability of making
unclassified products derived from open-source intelligence
produced by the intelligence community available to State and local
government officials who would derive value from such unclassified
products.
(8) Policies and procedures relating to the dissemination of
United States person information contained in covered open-source
intelligence products.
(c) Form.--The plan required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Intelligence Community Directive With Respect to Open-source
Intelligence.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence shall update
Intelligence Community Directive 208, Maximizing the Utility of
Analytic Products (or any successor directive) to specifically
address--
(1) the production and dissemination of unclassified
intelligence products derived entirely from open-source
intelligence, including from unclassified publicly available
information, unclassified commercially available information, or
any other type of unclassified information; and
(2) the needs and requirements of covered individuals who do
not hold a security clearance or have access to the classified
systems on which such unclassified intelligence products reside.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Oversight and Accountability, the
Committee on the Judiciary, and the Committee on Appropriations
of the House of Representatives.
(2) Covered individual.--The term ``covered individual'' means
an employee of the Federal Government--
(A) who is not an employee or contractor of an element of
the intelligence community; and
(B) who would derive value from a covered open-source
intelligence product.
(3) Covered open-source intelligence product.--The term
``covered open-source intelligence product'' means an unclassified
product derived from open-source intelligence that is produced by
the intelligence community.
SEC. 7322. INTELLIGENCE COMMUNITY-WIDE POLICY ON PREPUBLICATION REVIEW.
Not later than 30 days after the date of the enactment of this Act,
the Director of National Intelligence shall issue, and submit to the
congressional intelligence committees, the Committee on the Judiciary,
the Committee on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate, and the Committee on the
Judiciary, the Committee on Oversight and Accountability, and the
Committee on Appropriations of the House of Representatives, an
intelligence community-wide policy regarding prepublication review.
SEC. 7323. REVIEW RELATING TO CONFIDENTIAL HUMAN SOURCE PROGRAM OF
FEDERAL BUREAU OF INVESTIGATION.
(a) Review.--The Inspector General of the Intelligence Community,
in coordination with the Inspector General of the Department of
Justice, shall conduct a review of the policies and procedures
governing the confidential human source program of the Federal Bureau
of Investigation (in this section referred to as the ``program)'' and
the compliance by the Federal Bureau of Investigation with such
policies and procedures, including--
(1) the policy of the Department of Justice titled ``The
Attorney General's Guidelines Regarding the Use of FBI Confidential
Sources'' (or successor policy); and
(2) Intelligence Community Directive 304 (or successor
directive).
(b) Elements.--The review under subsection (a) shall include the
following:
(1) An assessment of the compliance by the Federal Bureau of
Investigation with the policies and procedures governing the
program, including with respect to the management and validation of
confidential human sources under such program.
(2) An assessment of the means by which the Federal Bureau of
Investigation conducts risk assessments relating to the continual
validation of long-term confidential human sources under the
program.
(3) An assessment of the timeliness and completion rates of the
reviews of confidential human sources under the program.
(4) An identification of the data points assessed by the
Federal Bureau of Investigation during such reviews and the State
and local databases used in conducting such reviews.
(5) A list containing an identification of each incident of
noncompliance with a policy or procedure specified in paragraph
(1).
(c) Submission.--Not later than 90 days after the date on which the
review under subsection (a) is completed, the Inspector General of the
Intelligence Community shall submit to the congressional intelligence
committees, the Committee on the Judiciary and the Committee on
Appropriations of the Senate, and the Committee on the Judiciary and
the Committee on Appropriations of the House of Representatives a
report containing the results of such review.
SEC. 7324. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES
AND ASSESSMENT OF THE OVERT HUMAN INTELLIGENCE AND OPEN SOURCE
INTELLIGENCE COLLECTION PROGRAMS OF THE OFFICE OF INTELLIGENCE AND
ANALYSIS OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(C) The Committee on Homeland Security of the House of
Representatives.
(2) Covered activity.--The term ``covered activity'' means--
(A) with respect to the Overt Human Intelligence Collection
Program, an interview for intelligence collection purposes with
any individual, including a United States person, who has been
criminally charged, arraigned, or taken into the custody of a
Federal, State, or local law enforcement agency, but whose
guilt with respect to such criminal matters has not yet been
adjudicated, unless the Office of Intelligence and Analysis has
obtained the consent of the interviewee following consultation
with counsel;
(B) with respect to either the Overt Human Intelligence
Collection Program or the Open Source Intelligence Collection
Program, any collection targeting journalists in the
performance of their journalistic functions; and
(C) with respect to the Overt Human Intelligence Collection
Program, an interview for intelligence collection purposes with
a United States person where the Office of Intelligence and
Analysis lacks a reasonable belief based on facts and
circumstances that the United States person may possess
significant foreign intelligence (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)).
(3) Overt human intelligence collection program.--The term
``Overt Human Intelligence Collection Program'' means the program
established by the Under Secretary of Homeland Security for
Intelligence and Analysis pursuant to Policy Instruction 907 of the
Office of Intelligence and Analysis, issued on June 29, 2016, or
any successor program.
(4) Open source intelligence collection program.--The term
``Open Source Collection Intelligence Program'' means the program
established by the Under Secretary of Homeland Security for
Intelligence and Analysis for the purpose of collecting
intelligence and information for potential production and reporting
in the form of Open Source Information Reports as reflected in
Policy Instruction 900 of the Office of Intelligence and Analysis,
issued on January 13, 2015, or any successor program.
(5) United states person.--The term ``United States person''
means--
(A) a United States citizen;
(B) an alien known by the Office of Intelligence and
Analysis to be a permanent resident alien;
(C) an unincorporated association substantially composed of
United States citizens or permanent resident aliens; or
(D) a corporation incorporated in the United States, except
for a corporation directed and controlled by a foreign
government or governments.
(6) United states person information (uspi).--The term ``United
States person information''--
(A) means information that is reasonably likely to identify
1 or more specific United States persons; and
(B) may be either a single item of information or
information that, when combined with other available
information, is reasonably likely to identify one or more
specific United States persons.
(b) Prohibition on Availability of Funds for Covered Activities of
Overt Human Intelligence Collection Program and Open Source
Intelligence Collection Program.--None of the funds authorized to be
appropriated by this division may be made available to the Office of
Intelligence and Analysis of the Department of Homeland Security to
conduct a covered activity.
(c) Limitation on Personnel.--None of the funds authorized to be
appropriated by this division may be used by the Office of Intelligence
and Analysis of the Department of Homeland Security to increase, above
the staffing level in effect on the day before the date of the
enactment of this Act, the number of personnel assigned to the Open
Source Intelligence Division who work exclusively or predominantly on
domestic terrorism issues.
(d) Inspector General of the Intelligence Community Assessment of
Overt Human Intelligence Collection Program and Open Source
Intelligence Collection Program.--
(1) Requirement.--The Inspector General of the Intelligence
Community shall conduct an assessment of the Overt Human
Intelligence Collection Program and the Open Source Intelligence
Collection Program.
(2) Elements.--The assessment under paragraph (1) shall include
findings and, as the Inspector General considers appropriate,
recommendations on the following:
(A) Whether the Overt Human Intelligence Collection Program
and the Open Source Intelligence Collection Program are legally
authorized, and if so, an identification of the legal
authorities.
(B) Whether, and to what extent, such programs have
provided valuable insights on national intelligence priorities
and intelligence priorities of the Department of Homeland
Security, citing specific examples of such insights at the
appropriate classification level.
(C) Whether there is sufficient training provided to, and
sufficient oversight provided of, personnel of the Office of
Intelligence and Analysis of the Department of Homeland
Security who conduct intelligence collection under such
programs.
(D) Whether the responsibilities and requirements for such
programs set forth in the relevant policy instructions,
intelligence oversight guidelines, and other governing
documents or standard operating procedures of the Office of
Intelligence and Analysis, particularly as they relate to the
obligation to safeguard the privacy, civil liberties, and civil
rights of United States persons, are adequate, appropriate, and
consistently adhered to by such personnel.
(E) Whether such programs raise or have raised legal,
ethical, or operational concerns, including concerns relating
to the actual or potential violation of any applicable policies
or procedures for protecting the constitutional or statutory
rights of United States persons.
(F) Whether other Federal agencies, such as the Federal
Bureau of Investigation, conduct similar programs and, if so, a
comparison of any similarities and differences between the
respective programs.
(G) With respect to non-analytic intelligence reports
produced by the Office of Intelligence and Analysis derived in
whole or in part from such programs, whether such reports
appropriately minimize United States person information and use
press reporting in an appropriate manner.
(H) With respect to the Open Source Intelligence Collection
Program, whether such program is effective at identifying
threats directed against the United States, including true
threats, incitement to violence, and malign cyber activity.
(I) Whether there have been any identified instances in
which State, local, territorial, or Tribal government agencies
have used, or sought to use, the Office of Intelligence and
Analysis as an instrument to introduce political or politicized
information into the national intelligence collection and
reporting stream.
(J) Any other matter the Inspector General of the
Intelligence Community determines appropriate.
(3) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall provide to the appropriate congressional committees
a briefing on the preliminary findings and recommendations of the
Inspector General with respect to the assessment under paragraph
(1).
(4) Report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the appropriate
congressional committees a report containing the findings and
recommendations of the Inspector General with respect to the
assessment under paragraph (1).
(B) Form.--The report submitted pursuant to subparagraph
(A) shall be submitted under that subparagraph in unclassified
form, but may include a classified annex.
(5) Quarterly briefings.--The Under Secretary of Homeland
Security for Intelligence and Analysis shall, not less than once
per quarter, provide to the appropriate congressional committees a
briefing on the intelligence collection activities of the Office of
Intelligence and Analysis. These briefings shall include--
(A) a description of any new activities, initiatives, or
efforts undertaken pursuant to the Overt Human Intelligence
Collection Program or the Open Source Intelligence Collection
Program;
(B) a description of any new policies, procedures, or
guidance concerning the Overt Human Intelligence Collection
Program or the Open Source Intelligence Collection Program;
(C) a description of any compliance-related inquiries,
investigations, reviews, checks, or audits initiated concerning
the Overt Human Intelligence Collection Program or the Open
Source Intelligence Collection Program, as well as an update on
the outcome or status of any preexisting inquiries,
investigations, reviews, checks, or audits concerning these
programs;
(D) a comparison of the volume of intelligence and
information collected on United States persons by the Office
and used in finished intelligence products produced by the
Office with the volume of intelligence or information on United
States persons that is--
(i) collected by State, local, and Tribal territory
governments, the private sector, and other components of
the Department of Homeland Security;
(ii) provided directly or indirectly to the Office; and
(iii) used in finished intelligence products produced
by the Office; and
(E) information on the reports and products issued by the
Overt Human Intelligence Collection Program and the Open Source
Intelligence Collection Program for the quarter covered by the
briefing, which shall reflect--
(i) the number of reports and products issued by each
program;
(ii) the number of reports and products issued by type
or format of the report or product;
(iii) the number of reports and products based on
information provided by representatives of Federal, foreign
or international, State, local, Tribal, territorial, or
private sector entities, respectively, and, for each of
these subcategories, the number of reports or products
based on information provided by known or presumed United
States persons;
(iv) the number of reports and products based on
information provided by individuals in administrative
custody and, within that number, the number of reports or
products based on information provided by known or presumed
United States persons;
(v) the number of reports and products based on
information provided by confidential informants and, within
that number, the number of reports or products based on
information provided by known or presumed United States
persons;
(vi) the number of reports and products supporting
different national or departmental missions and, for each
of these subcategories, the number of reports or products
based on information provided by known or presumed United
States persons; and
(vii) the number of reports and products identifying
United States persons.
(e) Rules of Construction.--
(1) Effect on other intelligence oversight.--Nothing in this
section shall be construed as limiting or superseding the authority
of any official within the Department of Homeland Security to
conduct legal, privacy, civil rights, or civil liberties oversight
of the intelligence activities of the Office of Intelligence and
Analysis.
(2) Sharing and receiving intelligence information.--Nothing in
this section shall be construed to prohibit, or to limit the
authority of, personnel of the Office of Intelligence and Analysis
from sharing intelligence information with, or receiving
information from--
(A) foreign, State, local, Tribal, or territorial
governments (or any agency or subdivision thereof);
(B) the private sector; or
(C) other elements of the Federal government, including the
components of the Department of Homeland Security.
SEC. 7325. SENSE OF CONGRESS ON PRIORITY OF FENTANYL IN NATIONAL
INTELLIGENCE PRIORITIES FRAMEWORK.
It is the sense of Congress that the trafficking of illicit
fentanyl, including precursor chemicals and manufacturing equipment
associated with illicit fentanyl production and organizations that
traffic or finance the trafficking of illicit fentanyl, originating
from the People's Republic of China and Mexico should be among the
highest priorities in the National Intelligence Priorities Framework of
the Office of the Director of National Intelligence.
SEC. 7326. REPORTS ON CIVILIAN CASUALTIES CAUSED BY CERTAIN OPERATIONS
OF FOREIGN GOVERNMENTS.
(a) Annual Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 2 years, the
Director of National Intelligence shall submit to the congressional
intelligence committees, the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of Representatives, and,
consistent with the protection of intelligence sources and methods, the
Foreign Relations Committee of the Senate and the Foreign Affairs
Committee of the House of Representatives, a report on civilian
casualties caused by covered operations.
(b) Elements.--Each report under subsection (a) shall include, for
the year covered by the report, each of the following:
(1) A list identifying each covered operation during that year
that has resulted in civilian casualties that the Director of
National Intelligence has confirmed.
(2) An identification of the total number of civilian
casualties resulting from covered operations during that year that
the Director of National Intelligence has confirmed.
(3) For each covered operation identified in the list under
paragraph (1), an identification of the following:
(A) The date on which, and the location where, the covered
operation occurred.
(B) The element of the foreign government that conducted
the covered operation.
(C) The individual or entity against which the covered
operation was directed.
(D) Any other circumstances or facts that the Director of
National Intelligence determines relevant.
(c) Form.--Each report required under subsection (a) may be
submitted in classified form, but if so submitted shall include an
unclassified executive summary.
(d) Covered Operation Defined.--In this section, the term ``covered
operation'' means an operation--
(1) conducted by a foreign government;
(2) involving the use of force; and
(3) in which intelligence shared by an element of the
intelligence community plays a significant role.
SEC. 7327. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.
(a) Modification of Frequency of Whistleblower Notifications to
Inspector General of the Intelligence Community.--Section 5334(a) of
the Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public Law
116-92; 50 U.S.C. 3033 note) is amended by striking ``in near real
time'' and inserting ``monthly''.
(b) Repeal of Requirement for Inspectors General Reviews of
Enhanced Personnel Security Programs.--
(1) In general.--Section 11001 of title 5, United States Code,
is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(2) Technical corrections.--Subsection (d) of section 11001 of
such title, as redesignated by paragraph (1)(B), is amended--
(A) in paragraph (3), by adding ``and'' after the semicolon
at the end; and
(B) in paragraph (4), by striking ``; and'' and inserting a
period.
(c) Repeal of Congressional Notification Requirement for Degree-
granting Authority of the National Intelligence University.--Section
1032(c) of the National Security Act of 1947 (50 U.S.C. 3225a(c)) is
repealed.
(d) Repeal of Requirement for Director of National Intelligence to
Update List Identifying Online Violent Extremist Content.--Section
403(b) of the Intelligence Authorization Act for Fiscal Year 2017 (50
U.S.C. 3368(b)) is amended by striking ``or more frequently as needed''
and inserting ``until the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2024''.
(e) Repeal of Requirement for Annual Report on Illicit Financing of
Espionage and Foreign Influence Operations.--Section 5722(d) of the
Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization
Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116-92; 133 Stat.
2176) is amended--
(1) in the heading, by striking ``Reports'' and inserting
``Report'';
(2) in the heading of paragraph (1), by striking ``Initial
report'' and inserting ``In general'';
(3) by striking paragraph (2) and redesignating paragraph (3)
as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking ``Each
report'' and inserting ``The report''.
Subtitle B--Central Intelligence Agency
SEC. 7331. CHANGE TO PENALTIES AND INCREASED AVAILABILITY OF MENTAL
HEALTH TREATMENT FOR UNLAWFUL CONDUCT ON CENTRAL INTELLIGENCE AGENCY
INSTALLATIONS.
Section 15(b) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3515(b)) is amended, in the second sentence, by striking ``those
specified in section 1315(c)(2) of title 40, United States Code'' and
inserting ``the maximum penalty authorized for a Class B misdemeanor
under section 3559 of title 18, United States Code''.
SEC. 7332. MODIFICATIONS TO PROCUREMENT AUTHORITIES OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3503) is amended--
(1) in subsection (a), by striking ``sections'' and all that
follows through ``session)'' and inserting ``sections 3201, 3203,
3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801
through 3808, 3069, 3134, 3841, and 4752 of title 10, United States
Code'' and
(2) in subsection (d), by striking ``in paragraphs'' and all
that follows through ``1947'' and inserting ``in sections 3201
through 3204 of title 10, United States Code, shall not be
delegable. Each determination or decision required by sections 3201
through 3204, 3321 through 3323, and 3841 of title 10, United
States Code''.
SEC. 7333. INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE AGENCY
QUARTERLY EMPLOYEE ENGAGEMENT SUMMARIES.
(a) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the Select Committee on Intelligence and the Subcommittee
on Defense of the Committee on Appropriations of the Senate; and
(2) the Permanent Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of the
House of Representatives.
(b) In General.--Not later than 30 days after the last day of the
first full fiscal quarter beginning after the date of the enactment of
this Act and not later than 30 days after the last day of each fiscal
quarter thereafter until the last fiscal quarter of fiscal year 2027,
the Inspector General of the Central Intelligence Agency shall submit
to the appropriate congressional committees a summary of the engagement
of employees of the Central Intelligence Agency with the Inspector
General during that quarter.
(c) Contents.--Each summary submitted pursuant to subsection (b)
shall include each of the following for the quarter covered by the
summary:
(1) The total number of reports filed with the Inspector
General by employees of the Agency.
(2) An identification of the nature of the allegation made in
each such report, such as--
(A) fraud, waste, and abuse;
(B) harassment or other personnel issues;
(C) questionable intelligence activities; or
(D) threats to health and safety.
(3) For each such report--
(A) whether an investigation was initiated because of the
report;
(B) for any such investigation, whether the status of the
investigation is initiated, in progress, or complete; and
(C) for any completed investigation, whether the allegation
made in the report was found to be substantiated or
unsubstantiated, and whether any recommendations or criminal
referrals were made as a result.
(4) A copy of any audit, assessment, inspection, or other final
report completed by the Inspector General during the quarter
covered by the summary.
SEC. 7334. BENJAMIN TALLMADGE INSTITUTE AS PRIMARY CENTRAL INTELLIGENCE
AGENCY ENTITY FOR EDUCATION AND TRAINING IN COUNTERINTELLIGENCE.
(a) In General.--The Director of the Central Intelligence Agency
shall maintain the Benjamin Tallmadge Institute as the primary entity
within the Central Intelligence Agency for education and training
related to all aspects of counterintelligence.
(b) Responsibilities of Director.--The Director of the Central
Intelligence Agency shall--
(1) ensure the Institute is fully and properly organized and
has the resources necessary to provide counterintelligence
education and training for all career fields within the Agency,
including specialized certifications for Agency counterintelligence
personnel;
(2) develop appropriate certification courses that are designed
to educate, train, and certify Agency personnel in--
(A) counterintelligence threats, insider threats, and other
counterintelligence processes and issues;
(B) the conduct and support of counterintelligence
inquiries and investigations;
(C) relevant skills necessary for coordination with Federal
law enforcement; and
(D) any other skills as the Director determines necessary;
(3) identify and designate specific positions for which an
individual shall be required to have a certification described in
paragraph (2) prior to filling such a position; and
(4) develop necessary infrastructure and capacity to support
the availability of courses under subsection (c) to increase
participation by personnel from other components of the
intelligence community in the courses offered by the Institute.
(c) Training and Familiarization Courses.--
(1) In general.--The head of the Institute shall--
(A) develop training and familiarization courses at
different classification levels, including courses at an
unclassified level; and
(B) offer instruction in the courses developed under
subparagraph (A) or make training curricula available to other
intelligence community components, as appropriate, to support
outreach efforts.
(2) Availability of courses.--The training and familiarization
courses developed under paragraph (1) shall be made available to
any of the following that have a need and appropriate clearance, as
determined by the Director of the National Counterintelligence and
Security Center in consultation with the Director of the Central
Intelligence Agency, for a general education on counterintelligence
threats, briefings on specific topics, or other training related to
counterintelligence:
(A) Federal departments and agencies that are not elements
of the intelligence community.
(B) State, local, and Tribal governments.
(C) Private sector entities.
(D) Such other personnel and entities as appropriate.
(d) Baseline Certification Course.--
(1) In general.--The Institute shall develop, in coordination
with the National Counterintelligence and Security Center and the
Defense Intelligence Agency, and implement a baseline certification
course for all counterintelligence career professionals that aligns
the minimum certification requirements of the course and the
Defense Counterintelligence Agent Course of the Joint
Counterintelligence Training Activity.
(2) Availability of course.--The baseline certification course
developed under paragraph (1) shall be made available, on a space-
available basis, to all intelligence community professionals and
appropriate personnel with appropriate security clearance from any
other agency, committee, commission, office, or other establishment
in the executive, legislative, or judicial branch of the Federal
Government.
SEC. 7335. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE ASSESSMENT OF
SINALOA CARTEL AND JALISCO CARTEL.
(a) Assessment.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
in consultation with the heads of the other elements of the
intelligence community that the Director determines appropriate, shall
submit to the appropriate committees of Congress an intelligence
assessment on the transnational criminal organizations known as the
Sinaloa Cartel and the Jalisco Cartel.
(b) Elements.--The intelligence assessment under subsection (a)
shall include, with respect to each transnational criminal organization
specified in such subsection, a description of the following:
(1) The key leaders, organizational structure, subgroups,
presence in the states within Mexico, and cross-border illicit drug
smuggling routes of the transnational criminal organization.
(2) The practices used by the transnational criminal
organization to import the chemicals used to make synthetic drugs,
to produce such drugs, and to smuggle such drugs across the border
into the United States.
(3) The main suppliers and the main brokers that supply the
transnational criminal organization with precursor chemicals and
equipment used in the production of synthetic drugs.
(4) The manner in which the transnational criminal organization
is tailoring the fentanyl products of such organization to attract
a wider variety of United States consumers, including unwitting
users.
(5) The degree to which the transnational criminal organization
is using human and technical operations to undermine
counternarcotics efforts by United States and Mexican security
services.
(6) An estimate of the annual revenue received by the
transnational criminal organization from the sale of illicit drugs,
disaggregated by drug type.
(7) Any other information the Director of the Central
Intelligence Agency determines relevant.
(c) Form.--The intelligence assessment under subsection (a) may be
submitted in classified form.
(d) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on Homeland
Security, and the Committee on Appropriations of the House of
Representatives.
SEC. 7336. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE ASSESSMENT WITH
RESPECT TO EFFORTS BY PEOPLE'S REPUBLIC OF CHINA TO INCREASE INFLUENCE
IN MIDDLE EAST.
(a) Assessment.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
in consultation with such heads of the other elements of the
intelligence community that the Director of National Intelligence
determines appropriate, shall submit to the appropriate congressional
committees an intelligence assessment on efforts by the People's
Republic of China to increase its influence, through overt or covert
means, with respect to the political, military, economic, or other
policies or activities of governments of countries and territories in
the Middle East in ways that are detrimental to the national security
interests of the United States.
(b) Elements.--The intelligence assessment required under
subsection (a) shall include the following:
(1) A summary of the key relationships that the People's
Republic of China has developed, or is seeking to develop, with
countries and territories in the Middle East, and the national
security objectives that the People's Republic of China intends to
advance through such established or emerging relationships.
(2) A description of the relationship between the People's
Republic of China and Iran, including in the areas of security
cooperation and intelligence sharing.
(3) An identification of the countries and territories in the
Middle East in which the People's Republic of China has
established, or is seeking to establish, a military or intelligence
presence or military or intelligence partnerships.
(4) An assessment of how the People's Republic of China seeks
to weaken the role, influence, and relationships of the United
States with respect to countries and territories in the Middle
East, including through the Global Security Initiative of the
People's Republic of China, including through commercial
engagements and agreements with state-owned enterprises of the
People's Republic of China.
(5) An analysis of whether, and to what degree, efforts by the
People's Republic of China to increase its influence among
countries and territories in the Middle East are designed to
support the broader strategic interests of the People's Republic of
China, including with respect to Taiwan.
(c) Form.--The intelligence assessment required under subsection
(a) may be submitted in classified form.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
(C) The Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Appropriations, and the Select
Committee on the Strategic Competition Between the United
States and the Chinese Communist Party of the House of
Representatives.
(2) Countries and territories in the middle east.--The term
``countries and territories in the Middle East'' means--
(A) Algeria;
(B) Bahrain;
(C) Egypt;
(D) Iran;
(E) Iraq;
(F) Israel;
(G) Jordan;
(H) Kuwait;
(I) Lebanon;
(J) Libya;
(K) Morocco;
(L) Oman;
(M) the Palestinian territories;
(N) Qatar;
(O) Saudi Arabia;
(P) Syria;
(Q) Tunisia;
(R) the United Arab Emirates; and
(S) Yemen.
SEC. 7337. ASSESSMENT OF AVAILABILITY OF MENTAL HEALTH AND CHAPLAIN
SERVICES TO AGENCY EMPLOYEES.
(a) Assessment.--The Director of the Central Intelligence Agency
shall conduct an assessment on the availability of the services of
mental health professionals and chaplains with appropriate security
clearances to employees of the Agency. Such assessment shall include--
(1) an evaluation of the current availability of and demand for
such services globally;
(2) an assessment of the feasibility of expanding the
availability of such services;
(3) information, including a detailed schedule and cost
estimate, as to what would be required to increase the availability
of such services for Agency employees located in the United States
and abroad; and
(4) information on the feasibility and advisability of
requiring that each employee returning from a high risk or high
threat tour, as designated by the Director, access the services of
a mental health professional, chaplain, or both, at the option of
the employee.
(b) Report.--Not later than 210 days after the date of the
enactment of this Act, the Director shall submit to the appropriate
congressional committees a report on the assessment required by
subsection (a).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives; and
(B) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
(2) Chaplain.--The term ``chaplain'' means a member of the
Chaplain Corps, as established under section 26 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3527), whom the Director
has certified as meeting common standards for professional
chaplaincy and board certification by a national chaplaincy and
pastoral care organization or equivalent.
(3) Mental health professional.--The term ``mental health
professional'' means an appropriately trained and certified
professional counselor, medical professional, psychologist,
psychiatrist, or other appropriate employee, as determined by the
Director.
SEC. 7338. ASSESSMENT BY DIRECTOR OF CENTRAL INTELLIGENCE AGENCY ON
CERTAIN EFFECTS OF ABRAHAM ACCORDS.
(a) Assessment.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency,
in consultation with the heads of the other elements of the
intelligence community that the Director determines appropriate, shall
submit to the appropriate committees of Congress an assessment of the
current effects on the intelligence community of the agreements between
Israel and 4 other foreign countries, collectively known as the Abraham
Accords, and of the potential effects on the intelligence community if
the Abraham Accords were to be expanded to additional foreign
countries.
(b) Elements.--The assessment under subsection (a) shall include,
with respect to the agreements referred to in such subsection, the
following:
(1) A description of whether, and in what respects, the
agreement between Israel and Bahrain has resulted in the
intelligence community obtaining new and valuable insights
regarding national intelligence priorities.
(2) A description of whether, and in what respects, the
agreement between Israel and Morocco has resulted in the
intelligence community obtaining new and valuable insights
regarding national intelligence priorities.
(3) A description of whether, and in what respects, the
agreement between Israel and the United Arab Emirates has resulted
in the intelligence community obtaining new and valuable insights
regarding national intelligence priorities.
(4) A description of whether, and in what respects, the
agreement between Israel and Sudan has resulted in the intelligence
community obtaining new and valuable insights regarding national
intelligence priorities.
(5) An assessment of whether, and in what respects, additional
agreements between Israel and other foreign countries to normalize
or otherwise enhance relations would result in the intelligence
community obtaining new and valuable insights regarding national
intelligence priorities.
(c) Form.--The assessment under subsection (a) may be submitted in
classified form.
(d) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations of the Senate; and
(3) the Committee on Appropriations of the House of
Representatives.
SEC. 7339. REPORTING AND INVESTIGATING ALLEGATIONS OF SEXUAL ASSAULT
AND SEXUAL HARASSMENT WITHIN THE CENTRAL INTELLIGENCE AGENCY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) sexual assault and sexual harassment arise from, and are
often indicative of, an environment where toxic, provocative, and
sometimes significantly inappropriate behavior is tolerated;
(2) when supervisors and senior leaders at headquarters and in
the field are among the offenders and facilitate a work climate in
which toxic and disrespectful behavior is tolerated, harassment and
even assault will often go unaddressed and unpunished;
(3) while establishing clear policies and procedures and
enhancing training are necessary first steps toward protecting
victims and establishing stronger internal mechanisms for
preventing and responding to future sexual assault and sexual
harassment within the Central Intelligence Agency, comprehensive
culture change driven by Agency leadership will be necessary to
accomplish impactful and enduring improvement; and
(4) it is vital for the Central Intelligence Agency to maintain
an independent and neutral person with whom all employees at all
levels, supervisors and non-supervisors, may speak confidentially,
informally, and off-the-record about work-related concerns or
questions.
(b) Sexual Assault and Sexual Harassment Within the Agency.--The
Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is
amended by adding at the end the following new section:
``SEC. 30. SEXUAL ASSAULT AND SEXUAL HARASSMENT WITHIN THE AGENCY.
``(a) Responsibilities of Director.--The Director shall carry out
the following responsibilities:
``(1) Establishing professional and uniform training for
employees assigned to working with all aspects of the response of
the Agency to allegations of sexual assault and sexual harassment.
``(2) Developing and implementing policies and procedures to
protect the confidentiality of employees who report sexual assault
or sexual harassment and to mitigate negative effects on the
reputation or career of such an employee as a result of such a
report.
``(3) Developing and implementing documented standards for--
``(A) appropriate mitigation and protection measures for
individuals who make allegations of a sexual assault or sexual
harassment to be put in place while an investigation proceeds;
``(B) appropriate employee consequences to be imposed based
on the findings of an inquiry or investigation into a
substantiated allegation of sexual assault or sexual
harassment;
``(C) appropriate career path protection for all employees
involved in an incident resulting in a reported allegation of
sexual assault or sexual harassment while an administrative or
criminal investigation or review of the allegation is pending;
and
``(D) mitigation measures to protect employees and mission
execution while such allegations are being addressed.
``(4) Articulating and enforcing norms, expectations,
practices, and policies, including with respect to employee
promotions and assignments, that are published for the workforce
and designed to promote a healthy workplace culture that is
inhospitable to sexual assault and sexual harassment.
``(5) Developing and issuing workforce messaging to inform
Agency employees of policies, procedures, resources, and points of
contact to obtain information related to, or to report, sexual
assault or sexual harassment globally.
``(6) Developing and implementing sexual assault and sexual
harassment training for all Agency employees that--
``(A) is designed to strengthen individual knowledge,
skills, and capacity to prevent and respond to sexual assault
and sexual harassment;
``(B) includes onboarding programs, annual refresher
training, and specialized leadership training; and
``(C) includes details of the definitions of sexual assault
and sexual harassment, the distinction between such terms, and
what does or does not constitute each.
``(7) Developing and implementing processes and procedures
applicable to personnel involved in providing the training referred
to in paragraph (6) that--
``(A) are designed to ensure seamless policy consistency
and mechanisms for submitting reports of sexual assault and
sexual harassment in all training environments; and
``(B) include requirements for in-person training that--
``(i) covers the reporting processes for sexual assault
and sexual harassment that are specific to training
environments for students and trainers; and
``(ii) shall be provided at an appropriate time during
the first 5 days of any extended or residential training
course.
``(8) Developing and implementing, in consultation with the
Victim Advocacy Specialists of the Federal Bureau of Investigation,
appropriate training requirements, policies, and procedures
applicable to all employees whose professional responsibilities
include interaction with people making reports alleging sexual
assault or sexual harassment.
``(9) Developing and implementing procedures under which
current and former employees of the Agency who have reported an
allegation of sexual assault or sexual harassment may obtain
documents and records related to such a report, as appropriate and
upon request.
``(10) Developing and implementing procedures under which an
employee who makes a restricted or unrestricted report containing
an allegation of a sexual assault or sexual harassment may transfer
out of the current assignment or location of the employee, upon the
request of the employee making the report. Such procedures shall be
consistent with the privilege established in section 31.
``(11) Developing policies and procedures for the Special
Victim Investigator, as applicable, to facilitate outside
engagement requests of employees reporting allegations of sexual
assault or sexual harassment as described in sections 31 and 32.
``(12) Coordinating the response of the Agency to allegations
of sexual assault and sexual harassment.
``(b) Semiannual Report.--Not less frequently than once every 180
days, the Director shall submit to the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives a report on the activities of all Agency
offices responsible for preventing, investigating, adjudicating, and
addressing claims of sexual assault or sexual harassment. The Director
shall personally review, approve, and submit each report under this
subsection on a nondelegable basis. Each such report shall include--
``(1) for the period covered by the report--
``(A) the number of new allegations of sexual assault and
sexual harassment reported to any Agency office, disaggregated
by restricted and unrestricted reports;
``(B) the number of new or ongoing cases in which the
Sexual Harassment/Assault Response and Prevention Office has
provided victim advocacy services;
``(C) a description of all training activities related to
sexual assault and sexual harassment carried out Agency-wide,
and the number of such trainings conducted; and
``(2) for the period beginning on the date of the enactment of
the Intelligence Authorization Act for Fiscal Year 2024 and ending
on the last day of the period covered by the report--
``(A) the total number of allegations of sexual assault and
sexual harassment;
``(B) the disposition of each report of such an allegation;
``(C) any corrective action taken in response to each such
report;
``(D) the number of such allegations that were not
substantiated; and
``(E) the number of employee reassignment and relocation
requests, including--
``(i) the number of such requests that were granted;
``(ii) the number of such requests that were denied;
and
``(iii) for any such request that was denied, the
position of the individual who denied the request and the
reason for denial.
``(c) Applicability.--
``(1) In general.--The policies developed pursuant to this
section shall apply to each of the following:
``(A) Any employee of the Agency.
``(B) Any person other than an Agency employee who alleges
they were sexually assaulted or harassed at a facility
associated with the Agency or during the performance of a
function associated with the Agency. If such person is an
employee of an industrial contractor, the contracting officer
for the relevant contract shall coordinate with the
contractually identified representative for the prime
contractor in a manner consistent with section 31.
``(2) Relation to existing regulations.--The policies developed
pursuant to this section for handling allegations of sexual
harassment shall be in addition to the requirements of part 1614 of
title 29, Code of Federal Regulations, or successor regulations.''.
(c) Reporting and Investigation of Allegations of Sexual Assault
and Sexual Harassment.--Such Act is further amended by adding at the
end the following new section:
``SEC. 31. REPORTING AND INVESTIGATION OF ALLEGATIONS OF SEXUAL
ASSAULT AND SEXUAL HARASSMENT.
``(a) Policies Relating to Restricted and Unrestricted Reporting of
Sexual Assault and Sexual Harassment.--
``(1) In general.--The Director shall develop and implement
policies, regulations, personnel training, and workforce education
to establish and provide information about restricted reports and
unrestricted reports of allegations of sexual assault and sexual
harassment within the Agency in accordance with this subsection.
``(2) Workforce education.--Workforce education developed under
paragraph (1) shall be designed to clearly inform Agency employees
of the differences between restricted and unrestricted reporting of
allegations of sexual assault and sexual harassment, and which
individual or office within the Agency is responsible for receiving
each type of report.
``(3) Relationship to the sexual harassment/assault response
and prevention office.--To the extent consistent with preserving a
victim's complete autonomy, the policies, regulations, training,
and messaging described in this subsection shall--
``(A) encourage Agency employees to make restricted or
unrestricted reports of sexual assault and sexual harassment to
the Sexual Harassment/Assault Response and Prevention Office;
``(B) encourage Agency employees to use the Sexual
Harassment/Assault Response and Prevention Office as the
primary point of contact and entry point for Agency employees
to make restricted or unrestricted reports of sexual assault
and sexual harassment;
``(C) encourage Agency employees to seek the victim
advocacy services of the Sexual Harassment/Assault Response and
Prevention Office after reporting an allegation of sexual
assault or sexual harassment, to the extent consistent with the
victim's election; and
``(D) encourage Agency employees and individuals who
receive disclosures of sexual assault and sexual harassment to
provide the report to, and receive guidance from, the Sexual
Harassment/Assault Response and Prevention Office.
``(b) Election.--Any person making a report containing an
allegation of a sexual assault or sexual harassment shall elect whether
to make a restricted report or an unrestricted report. Once an election
is made to make an unrestricted report, such election may not be
changed.
``(c) Unrestricted Reports.--
``(1) Assistance.--A person who elects to make an unrestricted
report containing an allegation of sexual assault or sexual
harassment may seek the assistance of another employee of the
Agency with taking the action required under paragraph (2).
``(2) Action required.--A person electing to make an
unrestricted report containing an allegation of sexual assault or
sexual harassment shall submit the report to the Sexual Harassment/
Assault Response and Prevention Office. To the extent consistent
with the person's election after consultation with the Sexual
Harassment/Assault Response and Prevention Office, the Sexual
Harassment/Assault Response and Prevention Office may facilitate
the person's contact with any other appropriate Agency official or
office, and make available to Agency employees the following:
``(A) A list of physicians and mental health care providers
(including from the private sector, as applicable) who have
experience with the physical and mental health care needs of
the Agency workforce.
``(B) A list of chaplains and religious counselors who have
experience with the needs of the Agency workforce, including
information regarding access to the Chaplain Corps established
under section 26.
``(C) Information regarding how to select and retain
private attorneys who have experience with the legal needs of
the Agency workforce, including detailed information on the
process for the appropriate sharing of information with
retained private attorneys.
``(3) Rule of construction.--The inclusion of any person on a
list maintained or made available pursuant to subsection (c)(2)
shall not be construed as an endorsement of such person (or any
service furnished by such person), and neither the Sexual
Harassment/Assault Response and Prevention Office nor the Agency
shall be liable, as a result of such inclusion, for any portion of
compensable injury, loss, or damage attributable to such person or
service.
``(d) Restricted Reports.--
``(1) Process for making reports.--A person who elects to make
a restricted report containing an allegation of sexual assault or
sexual harassment shall submit the report to the Sexual Harassment/
Assault Response and Prevention Office.
``(2) Action required.--A restricted report containing an
allegation of sexual assault or sexual harassment--
``(A) shall be treated by the person who receives the
report in the same manner as a communication covered by the
privilege set forth in this section;
``(B) shall not result in a referral to law enforcement or
commencement of a formal administrative investigation, unless
the victim elects to change the report from a restricted report
to an unrestricted report;
``(C) in a case requiring an employee reassignment,
relocation, or other mitigation or protective measures, shall
result only in actions that are managed in a manner to limit,
to the extent possible, the disclosure of any information
contained in the report;
``(D) shall be exempt from any Federal or, to the maximum
extent permitted by the Constitution, State reporting
requirements, including the requirements under section 535(b)
of title 28, United States Code, section 17(b)(5) of this Act,
relevant provisions of Executive Order 12333 (50 U.S.C. 3001
note; relating to United States intelligence activities), or
successor order, Executive Order 13462 (50 U.S.C. 3001 note;
relating to President's intelligence advisory board and
intelligence oversight board), or successor order, title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
seq.), title I of the Americans with Disabilities Act of 1990
(42 U.S.C. 12111 et seq.), and sections 501 and 505 of the
Rehabilitation Act of 1973 (29 U.S.C. 791 and 794a), except
when reporting is necessary to prevent or mitigate an imminent
threat of serious bodily harm.
``(3) Rule of construction.--The receipt of a restricted report
submitted under subsection (d) shall not be construed as imputing
actual or constructive knowledge of an alleged incident of sexual
assault or sexual harassment to the Agency for the purpose of the
Agency's responsibility to exercise reasonable care to take
immediate and appropriate corrective action to prevent and correct
harassing behavior.
``(e) Privileged Communications With Agency Employees.--
``(1) In general.--A victim shall be entitled to maintain and
assert a privilege against disclosure of, and be able to prevent
any other person from disclosing, any confidential communication
made between the victim and any employee of the Sexual Harassment/
Assault Response and Prevention Office, if such communication was
made for the purpose of facilitating advice or assistance to the
victim in accordance with this section. A victim may consent to
additional disclosures.
``(2) When a communication is confidential.--A communication is
confidential for the purposes of this section if made in the course
of the relationship between the victim and any employee of the
Sexual Harassment/Assault Response and Prevention Office and not
intended to be disclosed to third persons, other than those to whom
disclosure is made in furtherance of the provision of advice or
assistance to the victim or those reasonably necessary for such
transmission of the communication.
``(3) Maintenance of privilege.--The privilege is maintained by
the victim. A victim may authorize the Sexual Harassment/Assault
Response and Prevention Office employee who received the
communication to assert the privilege on his or her behalf, with
confidentiality. The Sexual Harassment/Assault Response and
Prevention Office employee who received the communication may
assert the privilege on behalf of the victim. The authority of such
Sexual Harassment/Assault Response and Prevention Office employee
to so assert the privilege is presumed in the absence of evidence
to the contrary.
``(4) Exceptions.--The privilege shall not apply to prevent
limited disclosures necessary under the following circumstances:
``(A) When the victim is deceased.
``(B) When the Sexual Harassment/Assault Response and
Prevention Office employee who received the communication has a
reasonable belief that a victim's mental or emotional condition
makes the victim a danger to any person, including the victim.
``(C) When the otherwise privileged communication clearly
contemplates the future commission of a crime or breach of
national security, or aiding any individual to commit or plan
to commit what the victim knew or reasonable should have known
to be a crime or breach of national security.
``(D) When disclosure of a communication is
constitutionally required.
``(5) Handling of exceptions.--When the Sexual Harassment/
Assault Response and Prevention Office employee determines that
information requires an exception to the privilege, the Sexual
Harassment/Assault Response and Prevention Office employee who
received the communication will protect information pertaining to
the facts and circumstances surrounding the underlying sexual
assault or sexual harassment allegations to the greatest extent
possible.
``(f) Incident Reports When Victim or Alleged Perpetrator Is an
Agency Employee.--
``(1) Incident reporting policy.--The Director shall establish
and maintain a policy under which--
``(A) the head of the Sexual Harassment/Assault Response
and Prevention Office is required to submit a written incident
report not later than 8 days after receiving an unrestricted
report containing an allegation of sexual assault or sexual
harassment; and
``(B) each such incident report required under subparagraph
(A) shall be provided to--
``(i) the Director of the Agency;
``(ii) the Chief Operating Officer of the Agency;
``(iii) the Special Victim Investigator; and
``(iv) such other individuals as the Director
determines appropriate.
``(2) Purpose.--The purpose of an incident report required
under paragraph (1) is--
``(A) to record the details about actions taken or in
progress to provide the necessary care and support to the
victim of the alleged incident;
``(B) to document the referral of the allegations to the
appropriate investigatory or law enforcement agency; and
``(C) to provide initial formal notification of the alleged
incident.
``(3) Elements.--Each incident report required under paragraph
(1) shall include each of the following:
``(A) The time, date, and location of the alleged sexual
assault or sexual harassment.
``(B) An identification of the type of offense or
harassment alleged.
``(C) An identification of the assigned office and location
of the victim.
``(D) An identification of the assigned office and location
of the alleged perpetrator, including information regarding
whether the alleged perpetrator has been temporarily
transferred or removed from an assignment or otherwise
restricted, if applicable.
``(E) A description of any post-incident actions taken in
connection with the incident, including--
``(i) referral to any services available to victims,
including the date of each referral;
``(ii) notification of the incident to appropriate
investigatory organizations, including the organizations
notified and dates of notifications; and
``(iii) issuance of any personal protection orders or
steps taken to separate the victim and the alleged
perpetrator within their place of employment.
``(F) Such other elements as the Director determines
appropriate.
``(g) Common Perpetrator Notice Requirement.--
``(1) Unrestricted reports.--Upon receipt of an incident report
under subsection (f)(1) containing an allegation of sexual assault
or sexual harassment against an individual known to be the subject
of at least one allegation of sexual assault or sexual harassment
by another reporter, the Special Victim Investigator shall notify
each of the following of all existing allegations against the
individual:
``(A) The Director of the Agency.
``(B) The Chief Operating Officer of the Agency.
``(C) The Sexual Harassment/Assault Response and Prevention
Office.
``(D) If the individual is an Agency employee, the head of
the directorate employing the individual and the first-level
supervisor of the individual.
``(E) If the individual is an Agency contractor, the
Acquisition Group Chief and the contracting officer for the
relevant contract. For industrial contractor personnel, the
contracting officer shall notify the contractually identified
representative for the prime contractor.
``(F) The Inspector General of the Agency.
``(G) Such other individuals as the Director determines
appropriate.
``(2) Restricted reports.--In the case of restricted reports
under subsection (d), the Sexual Harassment/Assault Response and
Prevention Office shall notify any victims known to have filed a
restricted report against an individual known to be the subject of
at least one unrestricted allegation of sexual assault or sexual
harassment by another reporter that another allegation has been
made against the same individual who is the alleged subject of the
victim's report at the time of the victim's initial report or any
time thereafter upon receipt of any subsequent unrestricted report
under subsection (c) or a common perpetrator notice under paragraph
(1) of this subsection.
``(h) Applicability.--The policies developed pursuant to this
section shall apply to each of the following:
``(1) Any employee of the Agency.
``(2) Any person other than an Agency employee who alleges they
were sexually assaulted or harassed at a facility associated with
the Agency or during the performance of a function associated with
the Agency.
``(i) Records.--
``(1) In general.--The Director shall establish a system for
the tracking and, in accordance with chapter 31 of title 44, United
States Code (commonly known as the `Federal Records Act of 1950'),
long-term temporary retention of all Agency records related to any
investigation into an allegation of sexual assault or sexual
harassment made in an unrestricted report, including any related
medical documentation.
``(2) Relation to privilege.--Any Agency records created under
the authority of this section are subject to the privileges
described in this section. Routine records management activities
conducted by authorized Agency personnel with respect to such
records, including maintaining, searching, or dispositioning of
records, shall not result in a waiver of those privileges.
``(3) Applicability to foia.--This section shall constitute a
withholding statute pursuant to section 552(b)(3) of title 5,
United States Code, with respect to any information that may reveal
the identity of a victim of sexual assault or sexual harassment, or
any information subject to the privileges described in this
section.
``(j) Relationship to the Office of Equal Employment Opportunity.--
In the case of a restricted report of sexual harassment, such report
shall not result in a referral to the Office of Equal Employment
Opportunity, unless the victim elects to change the report from a
restricted report to an unrestricted report. In the case of an
unrestricted report, the Special Victim Investigator, the Office of
Equal Employment Opportunity, law enforcement, or any other appropriate
investigative body, or any appropriate combination thereof, may
investigate the unrestricted report, as appropriate. Policies and
procedures developed pursuant to this section are intended to offer
victims options in addition to the process described in part 1614 of
title 29, Code of Federal Regulations, or successor regulations.
``(k) Definitions.--In this section:
``(1) Report.--The term `report' means a communication--
``(A) by a victim;
``(B) that describes information relating to an allegation
of sexual assault or sexual harassment;
``(C) to an individual eligible to document an unrestricted
or restricted report; and
``(D) that the victim intends to result in formal
documentation of an unrestricted or restricted report.
``(2) Victim.--The term `victim' means a person who alleges
they have suffered direct physical or emotional harm because they
were subjected to sexual assault or sexual harassment.''.
(d) Special Victim Investigator.--Such Act is further amended by
adding at the end the following new section:
``SEC. 32. SPECIAL VICTIM INVESTIGATOR.
``(a) Establishment.--The Director shall establish in the Office of
Security a Special Victim Investigator, who shall be authorized to
investigate or facilitate the investigation of unrestricted reports
containing allegations of sexual assault and sexual harassment. The
person appointed as the Special Victim Investigator shall be an
appropriately credentialed Federal law enforcement officer and may be
detailed or assigned from a Federal law enforcement entity.
``(b) Responsibilities.--The Investigator shall--
``(1) at the election of a victim (as defined in section
31(k)), be authorized to conduct internal Agency inquiries,
investigations, and other fact-finding activities related to
allegations of sexual harassment, which may be separate and in
addition to any inquiry or investigation conducted by the Office of
Equal Employment Opportunity;
``(2) conduct and manage internal Agency inquiries,
investigations, and other fact-finding activities related to
specific allegations of sexual assault;
``(3) testify in a criminal prosecution in any venue, where
appropriate;
``(4) serve as the case agent for a criminal investigation in
any venue, where appropriate;
``(5) facilitate engagement with other law enforcement relating
to such allegations, where appropriate, including coordinating on
the matter and any related matters with other Federal, State,
local, and Tribal law enforcement agencies, as necessary and
appropriate, pursuant to regulations, requirements, and procedures
developed in consultation with the Federal Bureau of Investigation,
the Department of State's Diplomatic Security Service, or other
Federal, State, local, or Tribal law enforcement authorities, for
any such inquiries, investigations, or other fact-finding
activities;
``(6) develop and implement policies and procedures necessary
for the Special Victim Investigator or any law enforcement partner
to conduct effective investigations and also protect sensitive
information;
``(7) serve as the primary internal investigative body in the
Agency for allegations of sexual assault, except that, in the case
of an allegation of a sexual assault involving an employee of the
Office of Security, the Special Victim Investigator shall
coordinate with the Inspector General or appropriate criminal
investigators employed by a Federal, State, local, or Tribal law
enforcement entity, as necessary, to maintain the integrity of the
investigation and mitigate potential conflicts of interest;
``(8) establish and coordinate clear policies regarding which
agency should take the lead on conducting, or be the lead in
coordinating with local law enforcement when applicable,
investigations of sexual assault and sexual harassment overseas;
and
``(9) sharing information with the Sexual Harassment/Assault
Response and Prevention Office, including providing a copy of
materials related to investigations with such redactions as deemed
necessary, to facilitate the support and advocacy of such Office
for victims of alleged sexual assault or sexual harassment.
``(c) Timeframe for Investigations.--The Special Victim
Investigator shall--
``(1) ensure that any Special Victim Investigator investigation
into an allegation of a sexual assault or sexual harassment
contained in an unrestricted report submitted under section 31 is
completed by not later than 60 days after the date on which the
report is referred to the Special Victim Investigator; and
``(2) if the Special Victim Investigator determines that the
completion of an investigation will take longer than 60 days--
``(A) not later than 60 days after the date on which the
report is referred to the Special Victim Investigator, submit
to the Director a request for an extension that contains a
summary of the progress of the investigation, the reasons why
the completion of the investigation requires additional time,
and a plan for the completion of the investigation; and
``(B) provide to the person who made the report and the
person against whom the allegation in the report was made
notice of the extension of the investigation.''.
(e) Implementation and Reporting Requirements.--
(1) Deadline for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Director of the Central
Intelligence Agency shall--
(A) complete an Agency climate assessment--
(i) which does not request any information that would
make an Agency employee or an Agency employee's position
identifiable;
(ii) for the purposes of--
(I) preventing and responding to sexual assault and
sexual harassment; and
(II) examining the prevalence of sexual assault and
sexual harassment occurring among the Agency's
workforce; and
(iii) that includes an opportunity for Agency employees
to express their opinions regarding the manner and extent
to which the Agency responds to allegations of sexual
assault and complaints of sexual harassment, and the
effectiveness of such response;
(B) submit to the appropriate congressional committees the
findings of the Director with respect to the climate assessment
completed pursuant to subparagraph (A);
(C) establish and implement the policies required under
sections 30 and 31 of the Central Intelligence Agency Act of
1949, as added by subsections (b) and (c), respectively;
(D) consolidate the responsibilities of the Director under
section 30 of the Central Intelligence Agency Act of 1949 in a
single Office, as determined by the Director; and
(E) establish the Special Victim Investigator, as required
by section 32 of the Central Intelligence Agency Act of 1949,
as added by subsection (d).
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than once every 90
days thereafter for 2 years, the Director of the Central
Intelligence Agency shall submit to the appropriate congressional
committees a report on the implementation of this section and the
amendments made by this section. The Director shall personally
review, approve, and submit each report under this paragraph on a
nondelegable basis.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate; and
(B) the Permanent Select Committee on Intelligence and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Subtitle C--Matters Relating to Defense Intelligence and Overhead
Architecture
SEC. 7341. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-DOMAIN ANOMALY
RESOLUTION OFFICE.
Section 1683(k)(1) of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section 6802(a)
of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law
117-263), is further amended--
(1) in the heading, by striking ``director of national
intelligence and secretary of defense'' and inserting ``all-domain
anomaly resolution office''; and
(2) in subparagraph (A), by striking ``Director of National
Intelligence and the Secretary of Defense shall jointly'' and
inserting ``Director of the Office shall''.
SEC. 7342. DEFENSE INTELLIGENCE AGENCY ASSESSMENT OF STRATEGIC
COMPETITION IN LATIN AMERICA AND THE CARIBBEAN.
(a) Assessment.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency,
in consultation with the heads of the other elements of the
intelligence community that the Director determines appropriate, shall
submit to the appropriate congressional committees an intelligence
assessment on the level of intelligence and defense cooperation between
covered countries and--
(1) the People's Republic of China; and
(2) the Russian Federation.
(b) Elements.--The intelligence assessment under subsection (a)
shall include a description of any security-related cooperation or
engagement between covered countries and the People's Republic of China
or the Russian Federation in the following areas:
(1) Strategic dialogue.
(2) Training or professional military education.
(3) Defense agreements.
(4) Intelligence sharing agreements.
(5) Arms transfers.
(6) Defense equipment transfers.
(7) Military exercises.
(8) Joint operations.
(9) Permanent military presence.
(10) Space cooperation.
(11) Any other area the Director of the Defense Intelligence
Agency determines appropriate.
(c) Form.--The assessment under subsection (a) may be provided in
classified form.
(d) Format.--To the extent practicable, the Director shall present
the information contained in the assessment under subsection (a) in the
format of a chart or other graphic.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The congressional defense committees, as such term is
defined in section 101(a) of title 10, United States Code.
(C) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Covered country.--The term ``covered country'' means Mexico
and each foreign country or territory in Central or South America
or in the Caribbean.
SEC. 7343. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED ANOMALOUS
PHENOMENA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on
Appropriations of the House of Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) Unidentified anomalous phenomena.--The term ``unidentified
anomalous phenomena'' has the meaning given such term in section
1683(n) of the National Defense Authorization Act for Fiscal Year
2022 (50 U.S.C. 3373(n)).
(b) Limitations.--None of the funds authorized to be appropriated
or otherwise made available by this division may be obligated or
expended in support of any activity involving unidentified anomalous
phenomena protected under any form of special access or restricted
access limitation unless the Director of National Intelligence has
provided the details of the activity to the appropriate committees of
Congress and congressional leadership, including for any activities
described in a report released by the All-domain Anomaly Resolution
Office in fiscal year 2024.
(c) Limitation Regarding Independent Research and Development.--
Independent research and development funding relating to unidentified
anomalous phenomena shall not be allowable as indirect expenses for
purposes of contracts covered by such instruction, unless such material
and information is made available to the appropriate congressional
committees and leadership.
Subtitle D--Matters Relating to National Security Agency, Cyber, and
Commercial Cloud Enterprise
SEC. 7351. CONGRESSIONAL NOTIFICATION BY NATIONAL SECURITY AGENCY OF
INTELLIGENCE COLLECTION ADJUSTMENTS.
The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.)
is amended by adding at the end the following new section:
``SEC. 22. CONGRESSIONAL NOTIFICATION OF INTELLIGENCE COLLECTION
ADJUSTMENTS.
``(a) Notification.--Not later than 30 days after the date on which
the Director of the National Security Agency determines the occurrence
of an intelligence collection adjustment, the Director shall submit to
the congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations of
the House of Representatives a notification of the intelligence
collection adjustment.
``(b) Definitions.--In this section:
``(1) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given that
term in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
``(2) Intelligence collection adjustment.--The term
`intelligence collection adjustment' includes a change by the
United States Government to a policy on intelligence collection or
the prioritization thereof that results in a significant loss of
intelligence.''.
SEC. 7352. MODIFICATIONS TO ENFORCEMENT OF CYBERSECURITY REQUIREMENTS
FOR NATIONAL SECURITY SYSTEMS.
Section 6309 of the Intelligence Authorization Act for Fiscal Year
2023 (Public Law 117-263) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Implementation Report.--Each head of an element of the
intelligence community that owns or operates a national security system
shall submit to the congressional intelligence committees not later
than 90 days after the date of the enactment of this subsection a plan
detailing the cost and schedule requirements necessary to meet all of
the cybersecurity requirements for national security systems by the end
of fiscal year 2026.''.
SEC. 7353. SUPPORT BY INTELLIGENCE COMMUNITY FOR CERTAIN CROSS-
FUNCTIONAL TEAM OF DEPARTMENT OF DEFENSE.
(a) Access to Information.--Upon request by the cross-functional
team of the Department of Defense established under section 910 of the
National Defense Authorization Act of Fiscal Year 2022 (Public Law 117-
81; 10 U.S.C. 111 note) (in this section referred to as the ``cross-
functional team''), and consistent with the protection of intelligence
sources and methods, the head of any element of the intelligence
community shall provide such team with access to any information
(including any intelligence reporting, analysis, or finished
intelligence product) of the element potentially relevant to the duties
of such team required under subsection (b)(1) of such section.
(b) Rule of Construction.--Nothing in subsection (a) shall be
construed as waiving the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191) or any other applicable
law regarding privacy or the protection of health information.
(c) Staffing of Cross-functional Team by Certain Elements.--
(1) Staffing.--
(A) Covered elements.--The head of each covered element
shall detail or assign to the cross-functional team, including
through a joint duty assignment (as applicable), intelligence
or counterintelligence personnel of that covered element in
such numbers as the head, in consultation with such team,
determines necessary to support such team in fulfilling the
duties required under section 910(b)(1) of the National Defense
Authorization Act of Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 111 note).
(B) Other elements.--The head any element that is not a
covered element may only detail or assign to the cross-
functional team, including through a joint duty assignment (as
applicable), intelligence or counterintelligence personnel of
such element if the head of such element--
(i) receives written concurrence from the Director of
National Intelligence and the Secretary of Defense
regarding the specific personnel to be detailed or
assigned; and
(ii) submits to the congressional intelligence
committees, the Committee on Armed Services of the Senate,
and the Committee on Armed Services of the House of
Representatives a notification describing the personnel to
be detailed or assigned and the rationale for participation
in the cross functional team.
(2) National security agency.--In carrying out paragraph (1)
with respect to the National Security Agency, the Director of the
National Security Agency shall ensure there is detailed or assigned
to the cross-functional team at least 1 individual determined
appropriate by the Director, who, while so detailed or assigned,
shall provide such team with technical expertise of the National
Security Agency relevant to the fulfilment of the duties referred
to in paragraph (1).
(d) Additional Detail Authority.--Upon request by the cross-
functional team, the head of any element of the intelligence community
may detail to such team personnel of the element to provide
intelligence, counterintelligence, or related support.
(e) Covered Element Defined.--In this section, the term ``covered
element'' means the following:
(1) The National Security Agency.
(2) The Defense Intelligence Agency.
(3) The intelligence elements of the Army, the Navy, the Air
Force, and the Marine Corps.
SEC. 7354. COMMERCIAL CLOUD ENTERPRISE NOTIFICATION.
(a) Notification Requirement.--Not later than 90 days after the
date of the enactment of this Act, and on a quarterly basis thereafter,
the Director of the Central Intelligence Agency shall submit to the
appropriate committees of Congress a notification relating to the
Commercial Cloud Enterprise contract entered into by the Director of
the Central Intelligence Agency in November 2020 for commercial cloud
services for the intelligence community, which shall include--
(1) the number and value of all task orders issued under such
contract, broken down by vendor, for each element of the
intelligence community;
(2) the duration of each task order;
(3) the number of sole source task orders issued compared to
the number of task orders issued on a competitive basis under such
contract; and
(4) with respect to each vendor authorized to provide
commercial cloud services under such contract, an update on the
status of the security accreditation and authority to operate
decision of each vendor.
(b) Data Sharing.--The head of each element of the intelligence
community shall share such data with the Director of the Central
Intelligence Agency as necessary to prepare the notification required
under subsection (a).
(c) Sunset.--The requirement to submit the notification under
subsection (a) shall terminate on the date that is 3 years after the
date of the enactment of this Act.
(d) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations of the Senate; and
(3) the Committee on Appropriations of the House of
Representatives.
SEC. 7355. COMMERCIAL CLOUD ENTERPRISE SOLE SOURCE TASK ORDER
NOTIFICATION REQUIREMENT.
(a) Notification Requirement.--Not later than 90 days after the
date of the enactment of this Act, and on a semiannual basis
thereafter, the head of each element of the intelligence community
shall submit to the appropriate committees of Congress a notification
with respect to any sole source task order awarded by such head under
the contract relating to the Commercial Cloud Enterprise entered into
by the Director of the Central Intelligence Agency in November 2020 for
commercial cloud services for the intelligence community.
(b) Contents.--Each notification required under subsection (a)
shall include, with respect to the task order concerned--
(1) a description of the order;
(2) the duration of the order;
(3) a summary of services provided under the order;
(4) the value of the order;
(5) the justification for awarding the order on a sole source
basis; and
(6) an identification of the vendor awarded the order.
(c) Sunset.--The requirement to submit the notification under
subsection (a) shall terminate on the date that is 3 years after the
date of the enactment of this Act.
(d) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations of the Senate; and
(3) the Committee on Appropriations of the House of
Representatives.
SEC. 7356. ANALYSIS OF COMMERCIAL CLOUD INITIATIVES OF INTELLIGENCE
COMMUNITY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
coordination with such heads of elements of the intelligence community
as the Director considers appropriate--
(1) complete a comprehensive analysis of the commercial cloud
initiatives of the intelligence community relating to the
Commercial Cloud Enterprise contract entered into by the Director
of the Central Intelligence Agency in November 2020; and
(2) provide to the congressional intelligence committees, the
Committee on the Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a briefing on the
findings of the Director with respect to the analysis conducted
pursuant to paragraph (1).
(b) Elements.--The analysis conducted under subsection (a) shall
include--
(1) the current year and 5-year projected costs for commercial
cloud utilization for each element of the intelligence community,
including costs related to data storage, data migration, egress
fees, and any other commercial cloud services;
(2) the termination or planned termination, as the case may be,
of legacy data storage capacity of an element of the intelligence
community and the projected cost savings resulting from such
termination;
(3) efforts underway by the Office of the Director of National
Intelligence and elements of the intelligence community to utilize
multiple commercial cloud service providers;
(4) the operational value that elements of the intelligence
community are achieving through utilization of commercial cloud
analytic tools and services; and
(5) how effectively the commercial cloud enterprise is
currently postured to support artificial intelligence workloads of
intelligence community elements and a description of criteria for
continuing to rely on legacy data centers for those artificial
intelligence requirements by an intelligence community element.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
Sec. 7401. Intelligence community coordinator for accountability of
atrocities of the People's Republic of China.
Sec. 7402. Interagency working group and report on the malign efforts of
the People's Republic of China in Africa.
Sec. 7403. Amendment to requirement for annual assessment by
intelligence community working group for monitoring the
economic and technological capabilities of the People's
Republic of China.
Sec. 7404. Assessments of reciprocity in the relationship between the
United States and the People's Republic of China.
Sec. 7405. Assessment of threat posed to United States ports by cranes
manufactured by countries of concern.
Sec. 7406. Intelligence assessment of influence operations by People's
Republic of China toward Pacific Islands countries.
Sec. 7407. Independent study on economic impact of military invasion of
Taiwan by People's Republic of China.
Sec. 7408. Report by Director of National Intelligence on Uyghur
genocide.
Subtitle B--Other Foreign Countries
Sec. 7411. Report on efforts to capture and detain United States
citizens as hostages.
Sec. 7412. Intelligence assessments regarding Haiti.
Sec. 7413. Monitoring Iranian enrichment of uranium-235.
Subtitle A--People's Republic of China
SEC. 7401. INTELLIGENCE COMMUNITY COORDINATOR FOR ACCOUNTABILITY OF
ATROCITIES OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Armed Services, and the
Committee on Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the Committee
on Appropriations of the House of Representatives.
(2) Atrocity of the people's republic of china.--The term
``atrocity of the People's Republic of China'' means a crime
against humanity, genocide, or a war crime committed by a foreign
person who is--
(A) a member, official, or employee of the government of
the People's Republic of China;
(B) a member, official, or employee of the Chinese
Communist Party;
(C) a member of the armed forces, security, or other
defense services of the People's Republic of China; or
(D) an agent or contractor of a person specified in
subparagraph (A), (B), or (C).
(3) Commit.--The term ``commit'', with respect to an atrocity
of the People's Republic of China, includes the planning,
committing, aiding, and abetting of such atrocity of the People's
Republic of China.
(4) Foreign person.--The term ``foreign person'' means--
(A) any person or entity that is not a United States
person; or
(B) any entity not organized under the laws of the United
States or of any jurisdiction within the United States.
(5) Government of the people's republic of china.--The term
``government of the People's Republic of China'' includes the
regional governments of Xinjiang, Tibet, and Hong Kong.
(6) United states person.--The term ``United States person''
has the meaning given that term in section 105A(c) of the National
Security Act of 1947 (50 U.S.C. 3039(c)).
(b) Intelligence Community Coordinator for Accountability of
Atrocities of the People's Republic of China.--
(1) Designation.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
designate a senior official of the Office of the Director of
National Intelligence to serve as the intelligence community
coordinator for accountability of atrocities of the People's
Republic of China (in this section referred to as the
``Coordinator'').
(2) Duties.--The Coordinator shall oversee the efforts of the
intelligence community relating to the following:
(A) Identifying and, as appropriate, disseminating within
the United States Government, intelligence relating to
atrocities of the People's Republic of China.
(B) Identifying analytic and other intelligence needs and
priorities of the United States Government with respect to the
commitment of atrocities of the People's Republic of China.
(C) Collaborating with appropriate counterparts across the
intelligence community to ensure appropriate coordination on,
and integration of the analysis of, the commitment of
atrocities of the People's Republic of China.
(D) Ensuring that relevant departments and agencies of the
United States Government receive appropriate support from the
intelligence community with respect to the collection,
analysis, preservation, and, as appropriate, downgrade and
dissemination of intelligence products relating to the
commitment of atrocities of the People's Republic of China.
(3) Plan required.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate committees of Congress--
(A) the name of the official designated as the Coordinator
pursuant to paragraph (1);
(B) the strategy of the intelligence community for the
prioritization and integration of intelligence relating to
atrocities of the People's Republic of China, including a
detailed description of how the Coordinator shall support the
implementation of such strategy; and
(C) the plan of the intelligence community to conduct a
review of classified and unclassified intelligence reporting
regarding atrocities of the People's Republic of China for
downgrading, dissemination, and, as appropriate, public
release.
(4) Briefings to congress.--Not later than 120 days after the
date of enactment of this Act, and not less frequently than
quarterly thereafter, the Director of National Intelligence, acting
through the Coordinator, shall brief the appropriate committees of
Congress on--
(A) the analytical findings, changes in collection, and
other activities of the intelligence community with respect to
atrocities of the People's Republic of China; and
(B) the recipients of intelligence reporting shared
pursuant to this section in the prior quarter, including for
the purposes of ensuring that the public is informed about
atrocities of the People's Republic of China and to support
efforts by the United States Government to seek accountability
for the atrocities of the People's Republic of China, and the
date of any such sharing.
(c) Sunset.--This section shall cease to have effect on September
30, 2027.
SEC. 7402. INTERAGENCY WORKING GROUP AND REPORT ON THE MALIGN EFFORTS
OF THE PEOPLE'S REPUBLIC OF CHINA IN AFRICA.
(a) Establishment.--
(1) In general.--The Director of National Intelligence, in
consultation with such heads of elements of the intelligence
community as the Director considers appropriate, shall establish an
interagency working group within the intelligence community to
analyze the tactics and capabilities of the People's Republic of
China in Africa.
(2) Establishment flexibility.--The working group established
under paragraph (1) may be--
(A) independently established; or
(B) to avoid redundancy, incorporated into existing working
groups or cross-intelligence efforts within the intelligence
community.
(b) Report.--
(1) Definition of appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
Energy and Natural Resources, and the Subcommittee on Defense
of the Committee on Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee on
Energy and Commerce, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(2) In general.--Not later than 120 days after the date of the
enactment of this Act, the working group established under
subsection (a) shall submit to the appropriate committees of
Congress a report on the specific tactics and capabilities of the
People's Republic of China in Africa.
(3) Elements.--Each report required by paragraph (2) shall
include the following elements:
(A) An assessment and description of efforts by the
Government of the People's Republic of China to exploit mining
and reprocessing operations in Africa.
(B) An assessment and description of efforts by the
Government of the People's Republic of China to provide or fund
technologies in Africa, including--
(i) telecommunications and energy technologies, such as
advanced reactors, transportation, and other commercial
products; and
(ii) by requiring that the People's Republic of China
be the sole provider of such technologies.
(C) An assessment of opportunities for mitigation.
(4) Form.--The report required by paragraph (2) shall be
submitted in unclassified form, but may include a classified annex
if necessary.
(c) Sunset.--The requirements of this section shall terminate on
the date that is 5 years after the date of the enactment of this Act.
SEC. 7403. AMENDMENT TO REQUIREMENT FOR ANNUAL ASSESSMENT BY
INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE ECONOMIC AND
TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA.
Section 6503(c)(3)(D) of the Intelligence Authorization Act for
Fiscal Year 2023 (division F of Public Law 117-263) is amended by
striking ``the top 200'' and inserting ``all the known''.
SEC. 7404. ASSESSMENTS OF RECIPROCITY IN THE RELATIONSHIP BETWEEN THE
UNITED STATES AND THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary of State for
Intelligence and Research, in consultation with the Director of
National Intelligence and such other heads of elements of the
intelligence community as the Assistant Secretary considers relevant,
shall submit to Congress the following:
(1) A comprehensive assessment that identifies critical areas
in the security, diplomatic, economic, financial, technological,
scientific, commercial, academic, and cultural spheres in which the
United States does not enjoy a reciprocal relationship with the
People's Republic of China.
(2) A comprehensive assessment that describes how the lack of
reciprocity between the People's Republic of China and the United
States in the areas identified in the assessment required by
paragraph (1) provides advantages to the People's Republic of
China.
(b) Form of Assessments.--
(1) Critical areas.--The assessment required by subsection
(a)(1) shall be submitted in unclassified form.
(2) Advantages.--The assessment required by subsection (a)(2)
shall be submitted in classified form.
SEC. 7405. ASSESSMENT OF THREAT POSED TO UNITED STATES PORTS BY CRANES
MANUFACTURED BY COUNTRIES OF CONCERN.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Commerce,
Science, and Transportation, and the Subcommittee on Defense of
the Committee on Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee on
Oversight and Accountability, the Committee on Financial
Services, the Committee on Energy and Commerce, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
(2) Country of concern.--The term ``country of concern'' has
the meaning given that term in section 1(m)(1) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)).
(b) Assessment.--The Director of National Intelligence, in
coordination with such other heads of the elements of the intelligence
community as the Director considers appropriate and the Secretary of
Defense, shall conduct an assessment of the threat posed to United
States ports by cranes manufactured by countries of concern and
commercial entities of those countries, including the Shanghai Zhenhua
Heavy Industries Co. (ZPMC).
(c) Report and Briefing.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit a report and provide a briefing to the appropriate
committees of Congress on the findings of the assessment required
by subsection (b).
(2) Elements.--The report and briefing required by paragraph
(1) shall outline the potential for the cranes described in
subsection (b) to collect intelligence, disrupt operations at
United States ports, and impact the national security of the United
States.
(3) Form of report.--The report required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 7406. INTELLIGENCE ASSESSMENT OF INFLUENCE OPERATIONS BY PEOPLE'S
REPUBLIC OF CHINA TOWARD PACIFIC ISLANDS COUNTRIES.
(a) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of State for
Intelligence and Research, in consultation with the heads of the other
elements of the intelligence community that the Assistant Secretary
determines appropriate, shall submit to the appropriate congressional
committees an assessment of influence operations by the People's
Republic of China toward Pacific Islands countries.
(b) Elements.--The intelligence assessment under subsection (a)
shall include the following:
(1) A description of recent and potential future efforts by the
People's Republic of China, using either overt or covert means, to
enhance its security, political, diplomatic, or economic ties with
Pacific Islands countries.
(2) An assessment of how the People's Republic of China views
the success of its efforts to expand influence in Pacific Islands
countries, and the importance of such efforts to its national
security, foreign policy, and economic development objectives.
(3) An identification of Pacific Islands countries in which the
People's Republic of China has established, or is seeking to
establish, an intelligence presence or intelligence partnerships.
(4) An assessment of the degree to which the People's Republic
of China is using economic or other forms of coercion to pressure
the Pacific Islands countries that diplomatically recognize Taiwan
(the Republic of the Marshall Islands, Palau, Nauru, and Tuvalu)
into instead recognizing the People's Republic of China.
(5) An analysis of how specific Pacific Islands countries are
responding to efforts by the People's Republic of China to increase
bilateral engagement.
(6) An assessment of the influence of the People's Republic of
China in the Pacific Islands Forum (the main multilateral
organization of the region) and of the efforts of the People's
Republic of China to establish parallel regional organizations and
recruit Pacific Islands countries to participate.
(7) An analysis of opportunities for the United States to
counter influence operations by the People's Republic of China in
the Pacific Islands region that undermine the national security or
economic interests of the United States.
(c) Form.--The intelligence assessment under subsection (a) may be
submitted in classified form.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(C) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Appropriations, and the Select
Committee on the Strategic Competition Between the United
States and the Chinese Communist Party of the House of
Representatives.
(2) Pacific islands countries.--The term ``Pacific Islands
countries'' includes the Federated States of Micronesia, Fiji,
French Polynesia, Kiribati, the Republic of the Marshall Islands,
Nauru, Palau, Solomon Islands, Tonga, Samoa, Niue, Tuvalu, and
Vanuatu.
SEC. 7407. INDEPENDENT STUDY ON ECONOMIC IMPACT OF MILITARY INVASION OF
TAIWAN BY PEOPLE'S REPUBLIC OF CHINA.
(a) Requirement.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence shall seek
to enter into a contract with an eligible entity to conduct a
comprehensive study on the global economic impact of a military
invasion of Taiwan by the People's Republic of China or certain other
aggressive or coercive actions taken by the People's Republic of China
with respect to Taiwan.
(b) Matters Included.--The study required under subsection (a)
shall include the following:
(1) An assessment of the economic impact globally, in the
United States, and in the People's Republic of China that would
result from an invasion of Taiwan by the People's Republic of China
under various potential invasion and response scenarios, including
with respect to the impact on--
(A) supply chains;
(B) trade flows;
(C) financial markets;
(D) sovereign debt; and
(E) gross domestic product, unemployment, and other key
economic indicators.
(2) An assessment of the economic impact globally, in the
United States, and in the People's Republic of China that would
result from of an aggressive or coercive military, economic, or
other action taken by the People's Republic of China with respect
to Taiwan that falls short of an invasion, including as a result of
a blockade of Taiwan.
(3) The development of economic policy options, to include
sanctions and supply chain restrictions, designed to cause
escalating impacts on the economy of the People's Republic of China
during a preconflict phase.
(c) Report.--
(1) In general.--Not later than 270 days after the date of the
enactment of this Act, the eligible entity that the Director of
National Intelligence enters into an agreement with under
subsection (a) shall submit to the Director a report containing the
results of the study conducted under such subsection.
(2) Submission to congress.--Not later than 30 days after the
date the Director receives the report under paragraph (1), the
Director shall submit the report to--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(3) Form of report.--The report required under this subsection
shall be submitted in unclassified form, but may include a
classified annex.
(d) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means a federally funded research and development center or
nongovernmental entity which has--
(1) a primary focus on studies and analysis;
(2) experience and expertise relevant to the study required
under subsection (a); and
(3) a sufficient number of personnel with the appropriate
security clearance to conduct such study.
SEC. 7408. REPORT BY DIRECTOR OF NATIONAL INTELLIGENCE ON UYGHUR
GENOCIDE.
(a) Report on Uyghur Genocide.--
(1) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the relevant heads of the elements of the
intelligence community, shall submit to the appropriate committees
of Congress a report on the Uyghur genocide.
(2) Matters.--The report under paragraph (1) shall address the
following matters:
(A) Forced sterilization, forced birth control, and forced
abortion of Uyghurs.
(B) Forced transfer of Uyghur children from their families.
(C) Forced labor of Uyghurs, inside and outside of
Xinjiang.
(D) The work conditions of Uyghur laborers (including
laborers in the textile, automobile and electric vehicle, solar
panel, polyvinyl chloride, and rare earth metals sectors),
including an identification of any company that is--
(i) organized under the laws of the People's Republic
of China or otherwise subject to the jurisdiction of (or
over which control is exercised or exercisable by) the
Government of the People's Republic of China; and
(ii) employing forced Uyghur laborers from Xinjiang.
(E) Any other forms of physical or psychological torture
against Uyghurs.
(F) Any other actions that infringe on the rights of
Uyghurs to live freely in accordance with their customs,
culture, and religious practices.
(G) The methods of surveillance of Uyghurs, including
surveillance via technology, law enforcement notifications, and
forcing Uyghurs to live with other individuals for monitoring
purposes.
(H) Such other matters as the Director of National
Intelligence may determine appropriate.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Intelligence; national intelligence.--The terms
``intelligence'' and ``national intelligence'' have the meanings
given those terms in section 3 of the National Security Act of 1947
(50 U.S.C. 3003).
Subtitle B--Other Foreign Countries
SEC. 7411. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED STATES
CITIZENS AS HOSTAGES.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on the
Judiciary, and the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on efforts by
the Maduro regime in Venezuela to detain United States citizens and
lawful permanent residents.
(c) Elements.--The report required by subsection (b) shall include,
regarding the arrest, capture, detainment, or imprisonment of United
States citizens and lawful permanent residents, the following:
(1) The names, positions, and institutional affiliation of
Venezuelan individuals, or those acting on their behalf, who have
engaged in such activities.
(2) A description of any role played by transnational criminal
organizations, and an identification of such organizations.
(3) Where relevant, an assessment of whether and how United
States citizens and lawful permanent residents have been lured to
Venezuela.
(4) An analysis of the motive for the arrest, capture,
detainment, or imprisonment of United States citizens and lawful
permanent residents.
(5) The total number of United States citizens and lawful
permanent residents detained or imprisoned in Venezuela as of the
date on which the report is submitted.
(d) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 7412. INTELLIGENCE ASSESSMENTS REGARDING HAITI.
(a) Intelligence Community Assessment.-- The Director of National
Intelligence, acting through the National Intelligence Council, shall
produce an intelligence community assessment regarding Haiti. Such
assessment shall include each of the following:
(1) An analysis of the security, political, and economic
situation in Haiti, and its effect on--
(A) the people of Haiti;
(B) other countries in the Caribbean region; and
(C) the United States, including Puerto Rico and the United
States Virgin Islands, as a result of increased out-migration
from Haiti to the United States, the increased use of Haiti as
a transshipment point for illicit drugs destined for the United
States, or any other relevant factor or trend.
(2) A description of opportunities available to improve or
stabilize the security, political, and economic situation in Haiti.
(3) An identification of specific events or actions in Haiti
that, were they to occur individually or in combination, would
serve as signposts indicating the further deterioration or collapse
of the security, political, and economic situation in Haiti.
(b) Intelligence Assessment.--The Director of National Intelligence
shall produce an intelligence assessment based on a review of the
intelligence products pertaining to Haiti that were written by elements
of the intelligence community and provided to policymakers during the
period of time beginning on January 1, 2021, and ending on July 7,
2021. Such assessment shall include each of the following:
(1) An analysis of whether, during the time period covered by
the assessment, the intelligence community provided policymakers
with adequate indications and warning of the assassination of
Haitian President Jovenal Moise on July 7, 2021.
(2) An analysis of whether, during such time period, the
intelligence community provided policymakers with useful and unique
insights, derived from both covertly collected and open-source
intelligence, that policymakers would not otherwise have been able
to obtain from sources outside of the intelligence community.
(3) Based on the analyses conducted under paragraphs (1) and
(2), any recommendations to improve indications and warning or to
otherwise enhance the utility for policymakers of intelligence
products that the intelligence community prepares on Haiti,
specifically, or on other countries characterized by chronic
insecurity, instability, and poverty.
(c) Submission to Congress.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Director shall concurrently submit to
the appropriate committees of Congress the intelligence community
assessment produced under subsection (a) and the intelligence
assessment produced under subsection (b).
(2) Form.-- The assessments submitted under paragraph (1) shall
be submitted in classified form.
(3) Definition of appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 7413. MONITORING IRANIAN ENRICHMENT OF URANIUM-235.
(a) Significant Enrichment Activity Defined.--In this section, the
term ``significant enrichment activity'' means--
(1) any enrichment of any amount of uranium-235 to a purity
percentage that is 5 percent higher than the purity percentage
indicated in the prior submission to Congress under subsection
(b)(1); or
(2) any enrichment of uranium-235 in a quantity exceeding 10
kilograms.
(b) Submission to Congress.--
(1) In general.--Not later than 48 hours after the Director of
National Intelligence assesses that the Islamic Republic of Iran
has produced or possesses any amount of uranium-235 enriched to
greater than 60 percent purity or has engaged in significant
enrichment activity, the Director shall submit to Congress such
assessment, consistent with the protection of intelligence sources
and methods.
(2) Duplication.--For any submission required by this
subsection, the Director of National Intelligence may rely upon
existing products that reflect the current analytic judgment of the
intelligence community, including reports or products produced in
response to congressional mandate or requests from executive branch
officials.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
Sec. 7501. Detail of individuals from intelligence community to
Department of Commerce.
Sec. 7502. Intelligence Community Innovation Unit.
Sec. 7503. Establishment of Office of Engagement.
Sec. 7504. Designation of a chief technology officer within certain
elements of the intelligence community.
Sec. 7505. Requirement to authorize additional security clearances for
certain contractors.
Sec. 7506. Intelligence Innovation Board.
Sec. 7507. Programs for next-generation microelectronics in support of
artificial intelligence.
Sec. 7508. Program for Beyond 5G.
Sec. 7509. Intelligence community commercial remote sensing
requirements.
Sec. 7510. Requirement to ensure intelligence community directives
appropriately account for artificial intelligence and machine
learning tools in intelligence products.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
Sec. 7511. Expanded annual assessment of economic and technological
capabilities of the People's Republic of China and related
briefing.
Sec. 7512. Assessment of using civil nuclear energy for intelligence
community capabilities.
Sec. 7513. Policies established by Director of National Intelligence for
artificial intelligence capabilities.
Subtitle A--General Matters
SEC. 7501. DETAIL OF INDIVIDUALS FROM INTELLIGENCE COMMUNITY TO
DEPARTMENT OF COMMERCE.
(a) Authority.--In order to better facilitate the sharing of
actionable intelligence on foreign adversary intent, capabilities,
threats, and operations that pose a threat to the interests or security
of the United States, particularly as they relate to the procurement,
development, and use of dual-use and emerging technologies, the
Director of National Intelligence may, acting through the Intelligence
Community Civilian Joint Duty Program and in consultation with the
Secretary of Commerce, advertise joint duty positions and detail or
facilitate the detail of civilian employees from across the
intelligence community to the Bureau of Industry and Security of the
Department of Commerce.
(b) Detail.--Detailees on a joint duty assignment (JDA) assigned
pursuant to subsection (a) shall be drawn from such elements of the
intelligence community as the Director considers appropriate, in
consultation with the Secretary of Commerce.
(c) Expertise.--The Director shall ensure that detailees referred
to in subsection (a) have subject matter expertise on countries of
concern, including China, Iran, North Korea, and Russia, as well as
functional areas such as illicit procurement, counterproliferation,
emerging and foundational technology, economic and financial
intelligence, information and communications technology systems, supply
chain vulnerability, and counterintelligence.
(d) Duty Credit.--The detail of an employee of the intelligence
community to the Department of Commerce under subsection (a) shall be
without interruption or loss of civil service status or privilege.
SEC. 7502. INTELLIGENCE COMMUNITY INNOVATION UNIT.
(a) Establishment.--Title I of the National Security Act of 1947 (
50 U.S.C. 3021 et seq.) is amended by inserting after section 103K the
following new section (and conforming the table of contents at the
beginning of such Act accordingly):
``Sec. 103L. Intelligence Community Innovation Unit
``(a) Definitions.--In this section:
``(1) Emerging technology.--the term `emerging technology' has
the meaning given that term in section 6701 of the Intelligence
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 50
U.S.C. 3024 note).
``(2) Unit.--The term `Unit' means the Intelligence Community
Innovation Unit.
``(b) Plan for Implementation of Intelligence Community Innovation
Unit.--
``(1) Plan required.--Not later than 180 days after the date of
the enactment of the Intelligence Authorization Act for Fiscal Year
2024, the Director of National Intelligence shall develop a plan
for how to implement the Intelligence Community Innovation Unit
within the intelligence community.
``(2) Matters covered.--The plan developed pursuant to
paragraph (1) shall cover how the Unit will--
``(A) benefit heads of the elements of the intelligence
community in identifying commercial emerging technologies and
associated capabilities to address critical mission needs of
elements of the intelligence community;
``(B) provide to the heads of the elements of the
intelligence community seeking to field commercial emerging
technologies technical expertise with respect to such
technologies.
``(C) facilitate the transition of potential prototypes and
solutions to critical mission needs of the intelligence
community from research and prototype projects to production;
and
``(D) serve as a liaison between the intelligence community
and the private sector, in which capacity such liaison shall
focus on small- and medium-sized companies and other
organizations that do not have significant experience engaging
with the intelligence community.
``(3) Requirements.--The plan developed pursuant to paragraph
(1) shall--
``(A) plan for not more than 50 full-time equivalent
personnel; and
``(B) include an assessment as to how the establishment of
the Unit would benefit the identification and evaluation of
commercial emerging technologies for prototyping and potential
adoption by the intelligence community to fulfill critical
mission needs.
``(4) Submission to congress.--Upon completing development of
the plan pursuant to paragraph (1), the Director shall--
``(A) submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations
of the Senate, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives a copy of the
plan; and
``(B) provide such committees and subcommittees a briefing
on the plan.
``(c) Establishment.--To the extent and in such amounts as
specifically provided in advance in appropriations Acts for the
purposes detailed in this section, not later than 180 days after the
date on which the Director of National Intelligence submits the plan
pursuant to subsection (b)(4)(A), the Director of National Intelligence
shall establish the Unit within the Office of the Director of National
Intelligence.
``(d) Limitation.--The Unit shall not abrogate or otherwise
constrain any element of the intelligence community from conducting
authorized activities.
``(e) Director of the Intelligence Community Innovation Unit.--
``(1) Appointment; reporting.--The head of the Unit is the
Director of the Intelligence Community Innovation Unit, who shall
be appointed by the Director of National Intelligence and shall
report directly to the Director of National Intelligence.
``(2) Qualifications.--In selecting an individual for
appointment as the Director of the Intelligence Community
Innovation Unit, the Director of National Intelligence shall give
preference to individuals who the Director of National Intelligence
determines have--
``(A) significant relevant experience involving commercial
emerging technology within the private sector; and
``(B) a demonstrated history of fostering the adoption of
commercial emerging technologies by the United States
Government or the private sector.
``(f) Staff.--
``(1) In general.--In addition to the Director of the
Intelligence Community Innovation Unit, the Unit shall be composed
of not more than 50 full- time equivalent positions.
``(2) Staff with certain expertise.--The Director of National
Intelligence shall ensure that there is a sufficient number of
staff of the Unit, as determined by the Director, with expertise
in--
``(A) other transaction authorities and nontraditional and
rapid acquisition pathways for emerging technology;
``(B) engaging and evaluating small- and medium-sized
emerging technology companies;
``(C) the mission needs of the intelligence community; and
``(D) such other skills or experiences as the Director
determines necessary.
``(g) Authority Relating to Detailees.--Upon request of the Unit,
each head of an element of the intelligence community may detail to the
Unit any of the personnel of that element to assist in carrying out the
duties under subsection (b) on a reimbursable or a nonreimbursable
basis.
``(h) Ensuring Transition From Prototyping to Production.--The
Director of the Intelligence Community Innovation Unit shall transition
research and prototype projects to products in a production stage upon
identifying a demonstrated critical mission need of one or more
elements of the intelligence community and a potential mission partner
likely to field and further fund upon maturation, including by
designating projects as Emerging Technology Transition Projects under
the pilot program required by section 6713 of the Intelligence
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 50 U.S.C.
3024 note).
``(i) Encouragement of Use by Elements.--The Director of National
Intelligence shall take such steps as may be necessary to encourage the
use of the Unit by the heads of the other elements of the intelligence
community.
``(j) Rules of Construction.--
``(1) No preferential treatment for private sector.--Nothing in
this section shall be construed to require any element of the
intelligence community to provide preferential treatment for any
private sector entity with regard to procurement of technology
construed as restricting or preempting any activities of the
intelligence community.
``(2) No additional authority.--The Unit established pursuant
to subsection (c) will be limited to the existing authorities
possessed by the Director of National Intelligence.
``(k) Sunset.--The authorities and requirements of this section
shall terminate on the date that is 5 years after the date of the
establishment of the Unit.''.
(b) Clarification of Emerging Technology Definition.--Section
6701(8)(A) of the Intelligence Authorization Act for Fiscal Year 2023
(Public Law 117- 263; 50 U.S.C. 3024 note) is amended by striking
``during the 10-year period beginning on January 1, 2022'' and
inserting ``during the subsequent 10-year period''.
(c) Briefings.--Not later than 180 days after the date of the
establishment of the Intelligence Community Innovation Unit pursuant to
section 103L of the National Security Act of 1947, as added by
subsection (a), and on a semiannual basis thereafter for 5 years, the
Director of National Intelligence shall provide to the appropriate
congressional committees a briefing on the status of the Intelligence
Community Innovation Unit, the staffing levels of such Unit, and the
progress of such Unit in identifying and facilitating the adoption of
commercial emerging technologies capable of advancing the mission needs
of the intelligence community.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(2) Emerging technology.--The term ``emerging technology'' has
the meaning given such term in section 103L of the National
Security Act of 1947, as added by subsection (a).
SEC. 7503. ESTABLISHMENT OF OFFICE OF ENGAGEMENT.
(a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.), as amended by section 901, is further amended
by adding at the end the following new section (and conforming the
table of contents at the beginning of such Act accordingly):
``SEC. 122. OFFICE OF ENGAGEMENT.
``(a) Establishment.--There is within the Office of the Director of
National Intelligence an Office of Engagement (in this section referred
to as the `Office').
``(b) Head; Staff.--
``(1) Head.--The Director of National Intelligence shall
appoint as head of the Office an individual with requisite
experience in matters relating to the duties of the Office, as
determined by the Director of National Intelligence. Such head of
the Office shall report directly to the Director of National
Intelligence.
``(2) Staff.--To assist the head of the Office in fulfilling
the duties of the Office, the head shall employ full-time
equivalent staff in such number, and with such requisite expertise
in matters relating to such duties, as may be determined by the
head.
``(c) Duties.--The duties of the Office shall be as follows:
``(1) To ensure coordination across the elements of the
intelligence community efforts regarding outreach, relationship
development, and associated knowledge and relationship management,
with covered entities, consistent with the protection of
intelligence sources and methods.
``(2) To assist in sharing best practices regarding such
efforts among the elements of the intelligence community.
``(3) To establish and implement metrics to assess the
effectiveness of such efforts.
``(d) Covered Entity Defined.--In this section, the term `covered
entity' means an entity that is not an entity of the United States
Government, including private sector companies, institutions of higher
education, trade associations, think tanks, laboratories, international
organizations, and foreign partners and allies.''.
(b) Deadline.--To the extent and in such amounts as specifically
provided in advance in appropriations Acts for the purposes detailed in
section 122 of the National Security Act of 1947, as added by
subsection (a), the Director of National Intelligence shall establish
the Office of Engagement by not later than 1 year after the date of the
enactment of this Act.
(c) Transfer.--The Director shall transfer to the Office of
Engagement all functions within the Office of the Director of National
Intelligence that, on the day before the date of the enactment of this
Act, performed duties set forth in section 122 of the National Security
Act of 1947, as added by subsection (a).
(d) Plan and Briefings.--
(1) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a plan for the
establishment of the Office of Engagement.
(2) Quarterly briefings.--Not later than 1 year after the date
of the establishment of the Office of Engagement, and on a
quarterly basis for 5 years thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate, and the
Committee on Oversight and Accountability and the Committee on
Appropriations of the House of Representatives a briefing on the
status of the Office, including with respect to the staffing
levels, activities, and fulfilment of duties of the Office.
(e) Rule of Construction.--Nothing in this section, or an amendment
made by this section, shall be construed as restricting or preempting
engagement or outreach activities of elements of the intelligence
community.
(f) Definitions.--In this section, the term ``Office of
Engagement'' means the Office of Engagement established under section
122 of the National Security Act of 1947, as added by subsection (a).
SEC. 7504. DESIGNATION OF A CHIEF TECHNOLOGY OFFICER WITHIN CERTAIN
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) Designation Authority.--The head of each covered element of the
intelligence community shall designate a senior official to serve as
the chief technology officer of such element.
(b) Covered Elements.--For purposes of this section, the covered
elements of the intelligence community are the following:
(1) The Central Intelligence Agency.
(2) The Defense Intelligence Agency.
(3) The Federal Bureau of Investigation.
(4) The National Geospatial-Intelligence Agency.
(5) The National Security Agency.
(6) The National Reconnaissance Office.
(c) Responsibility.--The chief technology officer of each covered
element of the intelligence community shall be responsible for
assisting the head of such element in the identification and adoption
of technology to advance mission needs.
(d) Prohibition of Dual Appointment.--Any chief technology officer
designated pursuant to subsection (a) may not concurrently serve as the
chief information officer, the chief data officer, or the principal
science officer of any element of the intelligence community.
SEC. 7505. REQUIREMENT TO AUTHORIZE ADDITIONAL SECURITY CLEARANCES FOR
CERTAIN CONTRACTORS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(C) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Covered contract or agreement.--The term ``covered contract
or agreement'', with respect to an entity, means a contract or
other agreement between that entity and an element of the
intelligence community the performance of which requires a
specified number of covered persons to hold a security clearance.
(3) Covered person.--The term ``covered person'', with respect
to an entity, means a contractor or employee of that entity.
(b) Plan and Study.--
(1) In general.--No later than April 1, 2024, the Director of
National Intelligence shall--
(A) complete a study on the feasibility and advisability of
implementing a program to authorize additional security
clearances for certain contractors as described in subsection
(c);
(B) develop a plan to implement the program described in
subparagraph (A); and
(C) submit to the appropriate committees of Congress--
(i) a report on the findings of the Director with
respect to the study completed pursuant to subparagraph
(A); and
(ii) the plan developed pursuant to subparagraph (B).
(2) Study elements.--The study completed pursuant to paragraph
(1)(A) shall address the following:
(A) For contracts agreed to after the date of the enactment
of this Act, how private entities that contract with the
intelligence community would make payments for additional
clearances for their employees and how the intelligence
community would receive payments.
(B) A list of and changes to provisions of law required in
order to fully implement the program required by subsection (c)
and achieve the intent indicated in subparagraph (A) of this
paragraph.
(C) Such considerations as the Director may have for
carrying out the program required by subsection (c) and
achieving the intent indicated in subparagraph (A) of this
paragraph.
(c) Program to Authorize Additional Security Clearances for Certain
Contractors.-- Subject to the limitations described in subsection (d),
the Director shall establish a program under which--
(1) any entity that enters into a covered contract or agreement
with an element of the intelligence community may designate an
additional number of covered persons who may submit an application
for a security clearance;
(2) the appropriate authorized investigative agency and
authorized adjudicative agency, as such terms are defined in
section 3001(a) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(a)), shall--
(A) upon receiving such an application--
(i) conduct an appropriate investigation of the
background of the additional covered person; and
(ii) make a determination as to whether the additional
covered person is eligible for access to classified
information; and
(B) if the determination under subparagraph (A)(ii) is
favorable, upon any of the specified number of covered persons
required to hold a security clearance for the performance of
work under that covered contract or agreement becoming unable
to perform such work, make a determination as to whether the
additional covered person has a demonstrated need-to-know under
Executive Order 12968 (60 Fed. Reg. 40245; relating to access
to classified information), or any successor thereto, or
Executive Order 10865 (25 Fed. Reg. 1583; relating to
safeguarding classified information within industry), or any
successor thereto (without requiring an additional
investigation to be conducted under subparagraph (A)(i)); and
(3) if the additional covered person receives a favorable
determination regarding the need-to-know under paragraph (2)(B) and
signs an approved nondisclosure agreement, the additional covered
person may perform such work in lieu of such covered person.
(d) Limitations.--The limitations described in this subsection are
as follows:
(1) Limitation on number designated per contract.--The
additional number designated by an entity under the program
established pursuant to subsection (c) for each covered contract or
agreement may not exceed the greater of the following:
(A) 10 percent of the number of security clearances
required to be held by covered persons to perform work under
the covered contract or agreement.
(B) 1 person.
(2) Limitation on number designated per entity.--The total
additional number designated by an entity under the program
established pursuant to subsection (c) may not exceed the greater
of the following:
(A) 10 percent of the sum total number of security
clearances required to be held by covered persons to perform
work under all covered contracts or agreements of the entity.
(B) 1 person.
(e) Prohibitions.--
(1) In general.--No application for a security clearance may be
submitted by a covered person of an entity or granted pursuant to
the program established under subsection (c) in excess of the
limitations under subsection (d) applicable to such entity.
(2) Prohibition on bearing costs.--No head of an element of the
intelligence community may bear any cost associated with granting
or maintaining a security clearance the application for which is
submitted pursuant to subsection (c)(1).
(f) Rule of Construction.--Nothing in this section may be construed
as requiring the head of an element of the intelligence community to
grant any covered person access to classified information if a
favorable determination of eligibility to access such classified
information is not made with respect to such person.
SEC. 7506. INTELLIGENCE INNOVATION BOARD.
(a) Establishment of Intelligence Innovation Board.--There is
established in the executive branch of the Federal Government a board
to be known as the Intelligence Innovation Board (in this section
referred to as the ``Board'').
(b) Purpose.--The purpose of the Board is to provide to the
Director of National Intelligence and the heads of the other elements
of the intelligence community advice and recommendations on changes to
the culture, organizational structures, processes, and functions of the
intelligence community necessary to address the adoption of emerging
technologies by the intelligence community and to accelerate such
adoption.
(c) Membership.--
(1) Appointment of members.--The Board shall be composed of 9
members appointed by the Director of National Intelligence, after
consultation with the Chair and Ranking Member of the Permanent
Select Committee on Intelligence of the House of Representatives
and the Chair and Vice Chair of the Select Committee on
Intelligence of the Senate, from among citizens of the United
States--
(A) who are not officers or employees of an element of the
intelligence community;
(B) who are eligible to hold an appropriate security
clearance;
(C) who have demonstrated academic, government, business,
or other expertise relevant to the mission and functions of the
intelligence community; and
(D) who the Director of National Intelligence determines--
(i) meet at least 1 of the qualifications described in
paragraph (2); and
(ii) do not present any active or potential conflict of
interest.
(2) Qualifications.--
(A) In general.--The qualifications described in this
paragraph are the following:
(i) A proven track record of sound judgment in leading
or governing a large and complex private sector corporation
or organization.
(ii) A proven track record as a distinguished academic
or researcher at an accredited institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
(iii) Demonstrated experience in identifying emerging
technologies and facilitating the adoption of such
technologies into the operations of large organizations in
either the public or private sector.
(iv) Demonstrated experience in developing new
technology.
(v) Demonstrated experience in technical evaluations of
commercial products.
(vi) Demonstrated expertise in privacy and civil
liberties implications associated with emerging
technologies.
(B) Membership structure.--The Director shall ensure that
no more than 4 concurrently serving members of the Board
qualify for membership on the Board based predominately on a
single qualification set forth under subparagraph (A).
(3) Chair.--The Board shall have a Chair, who shall be
appointed by the Director of National Intelligence from among the
members of the Board, after consultation with the Chair and Ranking
Member of the Permanent Select Committee on Intelligence of the
House of Representatives and the Chair and Vice Chair of the Select
Committee on Intelligence of the Senate.
(4) Notifications.--Not later than 30 days after the date on
which the Director of National Intelligence appoints a member to
the Board under paragraph (1), or appoints a member of the Board as
Chair under paragraph (3), the Director shall notify the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives of such appointment in writing.
(5) Terms.--
(A) In general.--Except as provided in subparagraph (B),
each member of the Board shall be appointed for a term of 2
years.
(B) Vacancies.--A member of the Board appointed to fill a
vacancy occurring before the expiration of the term for which
the predecessor of the member was appointed shall be appointed
only for the remainder of that term. A vacancy in the Board
shall not affect the powers of the Board and shall be filled in
the manner in which the original appointment was made.
(C) Reappointments.--A member of the Board may not be
reappointed for an additional term, unless the Director of
National Intelligence certifies to the congressional
intelligence committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives that reappointment for a single additional term
is vital to the completion of an ongoing project or initiative
of the Board.
(6) Prohibition on compensation.--Members of the Board shall
serve without pay.
(7) Travel expenses.--Each member of the Board may
reimbursement of reasonable travel expenses, subject to a process
established by the Director and in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United
States Code.
(8) Meetings.--
(A) In general.--The Board shall meet as necessary to carry
out its purpose and duties under this section, but shall meet
in person not less frequently than on a quarterly basis. A
majority of the members of the Board shall constitute a quorum.
(B) Closed meetings.--Meetings of the Board may be closed
to the public only to protect national security.
(d) Staff.--
(1) Composition.--To the extent and in such amounts as
specifically provided in advance in appropriations Act for the
purposes detailed in this section, the Board shall be supported by
full-time staff with requisite experience to assist the Board in
carrying out its purpose and duties under this section in such
number as the Director of National Intelligence determines
appropriate. Such staff may be appointed by the Director of
National Intelligence or detailed or otherwise assigned from
another element of the intelligence community.
(2) Security clearances.--Staff of the Board, shall, as a
condition of appointment, detail, or assignment to the Board, as
the case may be, hold appropriate security clearances for access to
the classified records and materials to be reviewed by the staff,
and shall follow the guidance and practices on security under
applicable Executive orders and Presidential or agency directives.
(e) Reports.--
(1) Submission.--Beginning on the date that is 2 years after
the date on which the Board is established, and once every 2 years
thereafter until the date on which the Board terminates under
subsection (i), the Board shall submit to the Director of National
Intelligence and the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report on the
activities of the Board, which shall include, with respect to the
period covered by the report, the following:
(A) An assessment of the efforts of the intelligence
community taken during such period to accelerate the adoption
of competitive emerging technologies by the intelligence
community, including such efforts taken with respect to the
culture, organizational structures, processes, or functions of
the intelligence community.
(B) Recommendations on how the intelligence community may
make further progress to accelerate such adoption, including
recommendations on changes to the culture, organizational
structures, processes, and functions of the intelligence
community necessary for such accelerated adoption.
(C) Any other matters the Board or the Director of National
Intelligence determines appropriate.
(2) Form.--Each report under paragraph (1) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary.
(f) Termination.--
(1) In general.--Except as provided in paragraph (2), the Board
shall terminate on September 30, 2026.
(2) Renewal.--The Director of National Intelligence may renew
the Board for an additional 2-year period following the date of
termination specified in paragraph (1) if the Director notifies the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives of such renewal.
(g) Charter.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a charter for the Board, consistent with this section.
(2) Elements.--The charter established pursuant to paragraph
(1) shall include the following:
(A) Mandatory processes for identifying potential conflicts
of interest, including the submission of initial and periodic
financial disclosures by Board members.
(B) The vetting of potential conflicts of interest by the
Inspector General of the Intelligence Community.
(C) The establishment of a process and associated
protections for any whistleblower alleging a violation of
applicable conflict of interest, Federal contracting, or other
provision of law.
SEC. 7507. PROGRAMS FOR NEXT-GENERATION MICROELECTRONICS IN SUPPORT OF
ARTIFICIAL INTELLIGENCE.
(a) Program Establishment.--Subject to the availability of
appropriations, the Director of National Intelligence, acting through
the Director of the Intelligence Advanced Research Projects Activity,
shall establish or otherwise oversee a program to advance
microelectronics research.
(b) Research Focus.--The Director of National Intelligence shall
ensure that the research carried out under the program established
under subsection (a) is focused on the following:
(1) Advanced engineering and applied research into next-
generation computing models, materials, devices, architectures, and
algorithms to enable the advancement of artificial intelligence and
machine learning.
(2) Efforts to--
(A) overcome challenges with engineering and applied
research of microelectronics, including with respect to the
physical limits on transistors, electrical interconnects, and
memory elements;
(B) promote long-term advancements in computing
technologies, including by fostering a unified and
multidisciplinary approach encompassing research and
development into--
(i) next-generation algorithm design;
(ii) next-generation compute capability;
(iii) generative and adaptive artificial intelligence
for design applications;
(iv) photonics-based microprocessors, including
electrophotonics;
(v) the chemistry and physics of new materials;
(vi) optical communication networks, including
electrophotonics; and
(vii) safety and controls for generative artificial
intelligence applications for the intelligence community.
(3) Any other activity the Director determines would promote
the development of microelectronics research for future
technologies, including optical communications or quantum
technologies.
(c) Consideration, Consultation, and Collaboration.--In carrying
out the program established under subsection (a), the Director of
National Intelligence shall--
(1) consider the national strategy developed pursuant to
subsection (a)(3)(A)(i) of section 9906 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(15 U.S.C. 4656);
(2) consult with the Secretary of Commerce; and
(3) actively collaborate with relevant Government agencies and
programs, including the programs established under subsection (c),
(d), (e), and (f) of such section 9906 (15 U.S.C. 4656), academic
institutions, and private industry to leverage expertise and
resources in conducting research.
(d) Authorization of Appropriations.--Amounts authorized to be
appropriated for the National Intelligence Program of the Office of the
Director of National Intelligence may be made available to carry out
the program established under subsection (a).
(e) Briefing Requirements.--The Director of the Intelligence
Advanced Research Projects Activity shall provide to the congressional
intelligence committees, the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of Representatives, and,
consistent with the protection of intelligence sources and methods, the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives,
regular briefings on--
(1) the progress, achievements, and outcomes of the program
established under subsection (a);
(2) the collaborations conducted pursuant to subsection (c);
and
(3) recommendations for future research priorities.
SEC. 7508. PROGRAM FOR BEYOND 5G.
(a) Establishment.--The Director of National Intelligence, acting
through the Director of the Intelligence Advanced Research Projects
Activity, may initiate or otherwise carry out a program dedicated to
research and development efforts relevant to 6G technology and any
successor technologies, but only if such efforts are specific to
potential applications of 6G technology (or any successor technologies)
for the intelligence community or for other national security purposes.
(b) Consultation and Coordination.--In carrying out any program
under subsection (a), the Director shall consult and coordinate with--
(1) relevant--
(A) heads of Federal departments and agencies, including
the Administrator of the National Telecommunications and
Information Administration;
(B) interagency bodies, such as the Committee for the
Assessment of Foreign Participation in the United States
Telecommunications Sector;
(C) private sector entities;
(D) institutions of higher learning; and
(E) federally funded research and development centers; and
(2) such other individuals and entities as the Director
determines appropriate.
(c) 6G Technology Defined.--In this section, the term ``6G
technology'' means hardware, software, or other technologies relating
to sixth-generation wireless networks.
SEC. 7509. INTELLIGENCE COMMUNITY COMMERCIAL REMOTE SENSING
REQUIREMENTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States benefits from a robust commercial remote
sensing industry that supports a science, technology, engineering,
and mathematics academic pipeline, enables skilled manufacturing
jobs, and fosters technological innovation;
(2) commercial remote sensing capabilities complement and
augment dedicated Government remote sensing capabilities, both when
integrated into Government architectures and leveraged as stand-
alone services;
(3) the Director of National Intelligence and Under Secretary
of Defense for Intelligence and Security should serve as the United
States Government leads for commercial remote sensing procurement
and seek to accommodate commercial remote sensing needs of the
intelligence community, the Department of Defense, and Federal
civil organizations under the preview of the cognizant functional
managers; and
(4) a transparent, sustained investment by the United States
Government in commercial remote sensing capabilities--
(A) is required to strengthen the United States commercial
remote sensing commercial industry; and
(B) should include electro-optical, synthetic aperture
radar, hyperspectral, and radio frequency detection and other
innovative phenemonology that may have national security
applications.
(b) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence and
the Under Secretary of Defense for Intelligence and Security shall
jointly develop guidance requiring the Commercial Strategy Board or, if
that is not feasible, such other entities within the intelligence
community and the Department of Defense that the Director and the Under
Secretary determine appropriate, to perform, on a recurring basis, the
following functions related to commercial remote sensing:
(1) Validation of the current and long-term commercial remote
sensing capability needs, as determined by the relevant functional
managers, of the Department of Defense, the intelligence community,
and Federal civil users under the preview of the cognizant
functional managers.
(2) Development of commercial remote sensing requirements
documents that are unclassified and releasable to United States
commercial industry.
(3) Development of a cost estimate that is unclassified and
releasable to United States commercial industry, covering at least
5 years, associated with fulfilling the requirements contained in
the commercial remote sensing requirements documents referred
developed under paragraph (2).
(c) Funding Levels.--In the case of any fiscal year for which a
cost estimate is developed under subsection (b)(3) and for which the
budget of the President (as submitted to Congress pursuant to section
1105 of title 31, United States Code) requests a level of funding for
the procurement of commercial remote sensing requirements that is less
than the amount identified in the cost estimate, the President shall
include with the budget an explanation for the difference.
(d) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and
the Under Secretary of Defense for Intelligence and Security shall
jointly submit to the appropriate congressional committees a report
on the implementation of subsection (b).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the congressional defense committees;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives; and
(D) the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
SEC. 7510. REQUIREMENT TO ENSURE INTELLIGENCE COMMUNITY DIRECTIVES
APPROPRIATELY ACCOUNT FOR ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING
TOOLS IN INTELLIGENCE PRODUCTS.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
provide to the appropriate committees of Congress a briefing on whether
intelligence community directives in effect as of the date such
briefing is provided furnish intelligence community analysts with
sufficient guidance and direction with respect to the use of artificial
intelligence and machine learning tools in intelligence products
produced by the intelligence community.
(b) Elements.--The briefing required under subsection (a) shall
include--
(1) a determination by the Director as to--
(A) whether Intelligence Community Directive 203, Analytic
Standards, Intelligence Community Directive 206, Sourcing
Requirements for Disseminated Analytic Products, and any other
intelligence community directive related to the production and
dissemination of intelligence products by the intelligence
community in effect as of the date the briefing under
subsection (a) is provided furnish intelligence community
analysts with sufficient guidance and direction on how to
properly use, provide sourcing information about, and otherwise
provide transparency to customers regarding the use of
artificial intelligence and machine learning tools in
intelligence products produced by the intelligence community;
and
(B) whether any intelligence community directive described
in subparagraph (A) requires an update to provide such guidance
and direction; and
(2) with respect to the determination under paragraph (1)--
(A) in the case the Director makes a determination that no
update to an intelligence community directive described in such
paragraph is required, an explanation regarding why such
intelligence community directives currently provide sufficient
guidance and direction to intelligence community analysts; and
(B) in the case the Director makes a determination that an
update to an intelligence community directive described in such
paragraph is required, a plan and proposed timeline to update
any such intelligence community directive.
(c) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations of the Senate; and
(3) the Committee on Appropriations of the House of
Representatives.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
SEC. 7511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC AND TECHNOLOGICAL
CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA AND RELATED BRIEFING.
(a) Briefing Required.--Not later than 45 days after the date of
the enactment of this Act, the Director of National Intelligence shall
provide to the congressional intelligence committees a briefing on the
status of the implementation by the Director of section 6503 of the
Intelligence Authorization Act for Fiscal Year 2023 (division F of
Public Law 117-263), including--
(1) the expected timeline for establishing the working group
required by subsection (a) of such section;
(2) the expected timeline for such working group to submit to
Congress the first assessment required by subsection (c)(2) of such
section; and
(3) whether any elements of the assessment described in
subsection (c)(3) of such section, as amended by subsection (b),
should be prepared in consultation with other working groups or
entities within the Office of the Director of National
Intelligence.
(b) Modifications.--Section 6503(c) of the Intelligence
Authorization Act for Fiscal Year 2023 (division F of Public Law 117-
263) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by inserting ``the Committee on
Energy and Natural Resources, the Committee on Homeland
Security and Governmental Affairs,'' after ``Transportation,'';
and
(B) in subparagraph (C), by inserting ``the Committee on
Oversight and Accountability,'' after ``and Means,''; and
(2) in paragraph (3), by adding at the end the following:
``(I) A detailed assessment, prepared in consultation with
all elements of the working group--
``(i) of the investments made by the People's Republic
of China in--
``(I) artificial intelligence;
``(II) next-generation energy technologies,
especially small modular reactors and advanced
batteries; and
``(III) biotechnology; and
``(ii) that identifies--
``(I) competitive practices of the People's
Republic of China relating to the technologies
described in clause (i);
``(II) opportunities to counter the practices
described in subclause (I);
``(III) countries the People's Republic of China is
targeting for exports of civil nuclear technology;
``(IV) countries best positioned to utilize civil
nuclear technologies from the United States in order to
facilitate the commercial export of those technologies;
``(V) United States vulnerabilities in the supply
chain of these technologies; and
``(VI) opportunities to counter the export by the
People's Republic of China of civil nuclear
technologies globally.
``(J) An identification and assessment of any unmet
resource or authority needs of the working group that affect
the ability of the working group to carry out this section.''.
SEC. 7512. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY FOR INTELLIGENCE
COMMUNITY CAPABILITIES.
(a) Assessment Required.--The Director of National Intelligence
shall, in consultation with the heads of such other elements of the
intelligence community as the Director considers appropriate, conduct
an assessment of capabilities identified by the Intelligence Community
Continuity Program established pursuant to section E(3) of Intelligence
Community Directive 118, or any successor directive, or such other
intelligence community facilities or intelligence community
capabilities as may be determined by the Director to be critical to
United States national security, that have unique energy needs--
(1) to ascertain the feasibility and advisability of using
civil nuclear reactors to meet such needs; and
(2) to identify such additional technologies, infrastructure,
or authorities needed, or other potential obstacles, to commence
use of a nuclear reactor to meet such needs.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the appropriate
committees of Congress a report, which may be in classified form,
on the findings of the Director with respect to the assessment
conducted pursuant to subsection (a).
(2) Appropriate committees of congress.--In this subsection,
the term ``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Energy and Natural Resources, and the
Committee on Appropriations of the Senate; and
(C) the Committee on Oversight and Accountability, the
Committee on Energy and Commerce, and the Committee on
Appropriations of the House of Representatives.
SEC. 7513. POLICIES ESTABLISHED BY DIRECTOR OF NATIONAL INTELLIGENCE
FOR ARTIFICIAL INTELLIGENCE CAPABILITIES.
(a) In General.--Section 6702 of the Intelligence Authorization Act
for Fiscal Year 2023 (50 U.S.C. 3334m) is amended--
(1) in subsection (a), in the matter preceding paragraph (1),
by striking ``subsection (b)'' and inserting ``subsection (c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Policies.--
``(1) In general.--In carrying out subsection (a)(1), not later
than 1 year after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2024, the Director of National
Intelligence, in consultation with the heads of the elements of the
intelligence community, the Director of the Office of Management
and Budget, and such other officials as the Director of National
Intelligence determines appropriate, shall establish the policies
described in paragraph (2).
``(2) Policies described.--The policies described in this
paragraph are policies for the acquisition, adoption, development,
use, coordination, and maintenance of artificial intelligence
capabilities that--
``(A) establish a lexicon relating to the use of machine
learning and artificial intelligence developed or acquired by
elements of the intelligence community;
``(B) establish minimum guidelines for evaluating the
performance of models developed or acquired by elements of the
intelligence community, such as by--
``(i) specifying conditions for the continuous
monitoring of artificial intelligence capabilities for
performance, including the conditions for retraining or
retiring models based on performance;
``(ii) documenting performance objectives, including
specifying how performance objectives shall be developed
and contractually enforced for capabilities procured from
third parties;
``(iii) specifying the manner in which models should be
audited, as necessary, including the types of documentation
that should be provided to any auditor; and
``(iv) specifying conditions under which models used by
elements of the intelligence community should be subject to
testing and evaluation for vulnerabilities to techniques
meant to undermine the availability, integrity, or privacy
of an artificial intelligence capability;
``(C) establish minimum guidelines for tracking
dependencies in adjacent systems, capabilities, or processes
impacted by the retraining or sunsetting of any model described
in subparagraph (B);
``(D) establish minimum documentation requirements for
capabilities procured from third parties, aligning such
requirements, as necessary, with existing documentation
requirements applicable to capabilities developed by elements
of the intelligence community;
``(E) establish minimum standards for the documentation of
imputed, augmented, or synthetic data used to train any model
developed, procured, or used by an element of the intelligence
community; and
``(F) provide guidance on the acquisition and usage of
models that have previously been trained by a third party for
subsequent modification and usage by such an element.
``(3) Policy review and revision.--The Director of National
Intelligence shall annually review or revise each policy
established under paragraph (1).''.
(b) Conforming Amendment.--Section 6712(b)(1) of such Act (50
U.S.C. 3024 note) is amended by striking ``section 6702(b)'' and
inserting ``section 6702(c)''.
TITLE VI--CLASSIFICATION REFORM
Sec. 7601. Short title.
Sec. 7602. Promoting efficient declassification review.
Sec. 7603. Training to promote sensible classification.
Sec. 7604. Improvements to Public Interest Declassification Board.
Sec. 7605. Implementation of technology for classification and
declassification.
Sec. 7606. Studies and recommendations on necessity of security
clearances.
SEC. 7601. SHORT TITLE.
This title may be cited as the ``Sensible Classification Act of
2023''.
SEC. 7602. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.
(a) In General.--Whenever an agency is processing a request
pursuant to section 552 of title 5, United States Code (commonly known
as the ``Freedom of Information Act'') or the mandatory
declassification review provisions of Executive Order 13526 (50 U.S.C.
3161 note; relating to classified national security information), or
successor order, and identifies responsive classified records that are
more than 25 years of age as of December 31 of the year in which the
request is received, the head of the agency shall, in accordance with
existing processes to protect national security under the Freedom of
Information Act and the mandatory review provisions of Executive Order
12526, review the record and process the record for declassification
and release by the National Declassification Center of the National
Archives and Records Administration, unless the head of agency--
(1) makes a certification to Congress, including the
congressional intelligence committees, the Committee on Armed
Services, the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Committee on the
Judiciary of the Senate, and the Committee on Armed Services, the
Committee on Oversight and Accountability, the Committee on Foreign
Affairs, and the Committee on the Judiciary of the House of
Representatives, that the declassification of certain components
within the record would be harmful to the protection of sources and
methods or national security, pursuant to existing processes; and
(2) provides an explanation to Congress, including the
congressional intelligence committees, the Committee on Armed
Services, the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Committee on the
Judiciary of the Senate, and the Committee on Armed Services, the
Committee on Oversight and Accountability, the Committee on Foreign
Affairs, and the Committee on the Judiciary of the House of
Representatives, for such certification.
(b) Application.--Subsection (a) shall apply regardless of whether
or not the record described in such subsection is in the legal custody
of the National Archives and Records Administration.
SEC. 7603. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.
(a) Definitions.--In this section:
(1) Over-classification.--The term ``over-classification''
means classification at a level that exceeds the minimum level of
classification that is sufficient to protect the national security
of the United States.
(2) Sensible classification.--The term ``sensible
classification'' means classification at a level that is the
minimum level of classification that is sufficient to protect the
national security of the United States.
(b) Training Required.--Each head of an agency with classification
authority shall conduct training for employees of the agency with
classification authority to hold employees accountable for over-
classification and to promote sensible classification.
SEC. 7604. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 703 of the Public Interest Declassification Act of 2000 (50
U.S.C. 3355a) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) A member of the Board whose term has expired may continue to
serve until the earlier of--
``(A) the date that a successor is appointed and sworn in; and
``(B) the date that is 1 year after the date of the expiration
of the term.
``(6) Not later than 30 days after the date on which the term of a
member of the Board ends, the appointing authority of the member shall
submit to Congress a plan to appoint a successor.''; and
(2) in subsection (f)--
(A) by inserting ``(1)'' before ``Any employee''; and
(B) by adding at the end the following:
``(2) In addition to any employees detailed to the Board under
paragraph (1), the Board may, subject to the availability of funds,
hire not more than 12 staff members.''.
SEC. 7605. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND
DECLASSIFICATION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Office of Electronic
Government (in this section referred to as the ``Administrator'')
shall, in consultation with the Secretary of Defense, the Director of
the Central Intelligence Agency, the Director of National Intelligence,
the Public Interest Declassification Board, the Director of the
Information Security Oversight Office, and the head of the National
Declassification Center of the National Archives and Records
Administration--
(1) research a technology-based solutions--
(A) to support efficient and effective systems for
classification and declassification; and
(B) to be implemented on an interoperable and federated
basis across the Federal Government; and
(2) submit to the President and Congress, including the
congressional intelligence committees, the Committee on Armed
Services, the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Committee on the
Judiciary of the Senate, and the Committee on Armed Services, the
Committee on Oversight and Accountability, the Committee on Foreign
Affairs, and the Committee on the Judiciary of the House of
Representatives, recommendations regarding a technology-based
solutions described in paragraph (1).
(b) Report.--Not later than 540 days after the date of the
enactment of this Act, the President shall submit to Congress a
classified report describing actions taken to implement the
recommendations under subsection (a)(2).
SEC. 7606. STUDIES AND RECOMMENDATIONS ON NECESSITY OF SECURITY
CLEARANCES.
(a) Agency Studies on Necessity of Security Clearances.--
(1) Studies required.--The head of each agency that grants
security clearances to personnel of such agency shall conduct a
study on the necessity of such clearances.
(2) Reports required.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, each head of an agency that conducts
a study under paragraph (1) shall submit to Congress, including
the congressional intelligence committees, the Committee on
Armed Services, the Committee on Homeland Security and
Governmental Affairs, the Committee on Foreign Relations, the
Committee on the Judiciary of the Senate, and the Committee on
Armed Services, the Committee on Oversight and Accountability,
the Committee on Foreign Affairs, and the Committee on the
Judiciary of the House of Representatives, a report on the
findings of the agency head with respect to such study, which
the agency head may classify as appropriate.
(B) Required elements.--Each report submitted by the head
of an agency under subparagraph (A) shall include, for such
agency, the following:
(i) The number of personnel eligible for access to
information up to the ``Top Secret'' level.
(ii) The number of personnel eligible for access to
information up to the ``Secret'' level.
(iii) Information on any reduction in the number of
personnel eligible for access to classified information
based on the study conducted under paragraph (1).
(iv) A description of how the agency head will ensure
that the number of security clearances granted by such
agency will be kept to the minimum required for the conduct
of agency functions, commensurate with the size, needs, and
mission of the agency.
(3) Industry.--This subsection shall apply to the Secretary of
Defense in the Secretary's capacity as the Executive Agent for the
National Industrial Security Program, and the Secretary shall treat
contractors, licensees, and grantees as personnel of the Department
of Defense for purposes of the studies and reports required by this
subsection.
(b) Director of National Intelligence Review of Sensitive
Compartmented Information.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) review the number of personnel eligible for access to
sensitive compartmented information; and
(2) submit to Congress, including the congressional
intelligence committees, the Committee on Armed Services, the
Committee on Homeland Security and Governmental Affairs, the
Committee on Foreign Relations, the Committee on the Judiciary of
the Senate, and the Committee on Armed Services, the Committee on
Oversight and Accountability, the Committee on Foreign Affairs, and
the Committee on the Judiciary of the House of Representatives, a
report on how the Director will ensure that the number of such
personnel is limited to the minimum required.
(c) Agency Review of Special Access Programs.--Not later than 1
year after the date of the enactment of this Act, each head of an
agency who is authorized to establish a special access program by
Executive Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or successor order, shall--
(1) review the number of personnel of the agency eligible for
access to such special access programs; and
(2) submit to Congress, including the congressional
intelligence committees, the Committee on Armed Services, the
Committee on Homeland Security and Governmental Affairs, the
Committee on Foreign Relations, the Committee on the Judiciary of
the Senate, and the Committee on Armed Services, the Committee on
Oversight and Accountability, the Committee on Foreign Affairs, and
the Committee on the Judiciary of the House of Representatives, a
report on how the agency head will ensure that the number of such
personnel is limited to the minimum required.
(d) Secretary of Energy Review of Q and L Clearances.--Not later
than 1 year after the date of enactment of this Act, the Secretary of
Energy shall--
(1) review the number of personnel of the Department of Energy
granted Q and L access; and
(2) submit to Congress, including the congressional
intelligence committees, the Committee on Armed Services, the
Committee on Homeland Security and Governmental Affairs, the
Committee on Foreign Relations, the Committee on the Judiciary of
the Senate, and the Committee on Armed Services, the Committee on
Oversight and Accountability, the Committee on Foreign Affairs, and
the Committee on the Judiciary of the House of Representatives, a
report on how the Secretary will ensure that the number of such
personnel is limited to the minimum required
(e) Independent Reviews.--Not later than 180 days after the date on
which a study is completed under subsection (a) or a review is
completed under subsections (b) through (d), the Director of the Office
of Management and Budget shall each review the study or review, as the
case may be.
TITLE VII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
Sec. 7701. Review of shared information technology services for
personnel vetting.
Sec. 7702. Timeliness standard for rendering determinations of trust for
personnel vetting.
Sec. 7703. Annual report on personnel vetting trust determinations.
Sec. 7704. Survey to assess strengths and weaknesses of Trusted
Workforce 2.0.
SEC. 7701. REVIEW OF SHARED INFORMATION TECHNOLOGY SERVICES FOR
PERSONNEL VETTING.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a review of the extent
to which the intelligence community can use information technology
services shared among the intelligence community for purposes of
personnel vetting, including with respect to human resources,
suitability, and security.
SEC. 7702. TIMELINESS STANDARD FOR RENDERING DETERMINATIONS OF TRUST
FOR PERSONNEL VETTING.
(a) Timeliness Standard.--
(1) In general.--The President shall, acting through the
Security Executive Agent and the Suitability and Credentialing
Executive Agent, establish and publish in such public venue as the
President considers appropriate, new timeliness performance
standards for processing personnel vetting trust determinations in
accordance with the Federal personnel vetting performance
management standards.
(2) Quinquennial reviews.--Not less frequently than once every
5 years, the President shall, acting through the Security Executive
Agent and the Suitability and Credentialing Executive Agent--
(A) review the standards established pursuant to paragraph
(1); and
(B) pursuant to such review--
(i) update such standards as the President considers
appropriate; and
(ii) publish in the Federal Register such updates as
may be made pursuant to clause (i).
(3) Conforming amendment.--Section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is
amended by striking subsection (g).
(b) Quarterly Reports on Implementation.--
(1) In general.--Not less frequently than quarterly, the
Security Executive Agent and the Suitability and Credentialing
Executive Agent shall jointly make available to the public a
quarterly report on the compliance of Executive agencies (as
defined in section 105 of title 5, United States Code) with the
standards established pursuant to subsection (a).
(2) Disaggregation.--Each report made available pursuant to
paragraph (1) shall disaggregate, to the greatest extent
practicable, data by appropriate category of personnel risk and
between Government and contractor personnel.
(c) Complementary Standards for Intelligence Community.--The
Director of National Intelligence may, in consultation with the
Security, Suitability, and Credentialing Performance Accountability
Council established pursuant to Executive Order 13467 (50 U.S.C. 3161
note; relating to reforming processes related to suitability for
Government employment, fitness for contractor employees, and
eligibility for access to classified national security information)
establish for the intelligence community standards complementary to
those established pursuant to subsection (a).
SEC. 7703. ANNUAL REPORT ON PERSONNEL VETTING TRUST DETERMINATIONS.
(a) Definition of Personnel Vetting Trust Determination.--In this
section, the term ``personnel vetting trust determination'' means any
determination made by an executive branch agency as to whether an
individual can be trusted to perform job functions or to be granted
access necessary for a position.
(b) Annual Report.--Not later than March 30, 2024, and annually
thereafter for 5 years, the Director of National Intelligence, acting
as the Security Executive Agent, and the Director of the Office of
Personnel Management, acting as the Suitability and Credentialing
Executive Agent, in coordination with the Security, Suitability, and
Credentialing Performance Accountability Council, shall jointly make
available to the public a report on specific types of personnel vetting
trust determinations made during the fiscal year preceding the fiscal
year in which the report is made available, disaggregated, to the
greatest extent possible, by the following:
(1) Determinations of eligibility for national security-
sensitive positions, separately noting--
(A) the number of individuals granted access to classified
national security information; and
(B) the number of individuals determined to be eligible for
but not granted access to classified national security
information.
(2) Determinations of suitability or fitness for a public trust
position.
(3) Status as a Government employee, a contractor employee, or
other category.
(c) Elimination of Report Requirement.--Section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341) is amended by striking subsection (h).
SEC. 7704. SURVEY TO ASSESS STRENGTHS AND WEAKNESSES OF TRUSTED
WORKFORCE 2.0.
Not later than 1 year after the date of the enactment of this Act,
and once every 2 years thereafter until 2029, the Comptroller General
of the United States shall administer a survey to such sample of
Federal agencies, Federal contractors, and other persons that require
security clearances to access classified information as the Comptroller
General considers appropriate to assess--
(1) the strengths and weaknesses of the implementation of the
Trusted Workforce 2.0 initiative; and
(2) the effectiveness of vetting Federal personnel while
managing risk during the onboarding of such personnel.
TITLE VIII--ANOMALOUS HEALTH INCIDENTS
Sec. 7801. Improved funding flexibility for payments made by the Central
Intelligence Agency for qualifying injuries to the brain.
Sec. 7802. Clarification of requirements to seek certain benefits
relating to injuries to the brain.
Sec. 7803. Intelligence community implementation of HAVANA Act of 2021
authorities.
Sec. 7804. Report and briefings on Central Intelligence Agency handling
of anomalous health incidents.
SEC. 7801. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY THE
CENTRAL INTELLIGENCE AGENCY FOR QUALIFYING INJURIES TO THE BRAIN.
Section 19A(d) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3519b(d)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) Funding.--
``(A) In general.--Payment under paragraph (2) in a fiscal
year may be made using any funds--
``(i) appropriated specifically for payments under such
paragraph; or
``(ii) reprogrammed in accordance with section 504 of
the National Security Act of 1947 (50 U.S.C. 3094).
``(B) Budget.--For each fiscal year, the Director shall
include with the budget justification materials submitted to
Congress in support of the budget of the President for that
fiscal year pursuant to section 1105(a) of title 31, United
States Code, an estimate of the funds required in that fiscal
year to make payments under paragraph (2).''.
SEC. 7802. CLARIFICATION OF REQUIREMENTS TO SEEK CERTAIN BENEFITS
RELATING TO INJURIES TO THE BRAIN.
(a) In General.--Section 19A(d)(5) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) is amended--
(1) by striking ``Payments made'' and inserting the following:
``(A) In general.--Payments made''; and
(2) by adding at the end the following:
``(B) Relation to certain federal workers compensation
laws.--Without regard to the requirements in sections (b) and
(c), covered employees need not first seek benefits provided
under chapter 81 of title 5, United States Code, to be eligible
solely for payment authorized under paragraph (2) of this
subsection.''.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall--
(1) revise applicable regulations to conform with the amendment
made by subsection (a); and
(2) submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives copies of such
regulations, as revised pursuant to paragraph (1).
SEC. 7803. INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA ACT OF 2021
AUTHORITIES.
(a) Regulations.--Except as provided in subsection (c), not later
than 180 days after the date of the enactment of this Act, each head of
an element of the intelligence community that has not already done so
shall--
(1) issue regulations and procedures to implement the
authorities provided by section 19A(d) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3519b(d)) and section 901(i) of title
IX of division J of the Further Consolidated Appropriations Act,
2020 (22 U.S.C. 2680b(i)) to provide payments under such sections,
to the degree that such authorities are applicable to the head of
the element; and
(2) submit to the congressional intelligence committees, the
Committee on Armed Services and the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Committee on
Armed Services and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives copies of such
regulations.
(b) Reporting.--Not later than 210 days after the date of the
enactment of this Act, each head of an element of the intelligence
community shall submit to the congressional intelligence committees,
the Committee on Armed Services and the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Committee on Armed
Services and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a report on--
(1) the estimated number of individuals associated with their
element that may be eligible for payment under the authorities
described in subsection (a)(1);
(2) an estimate of the obligation that the head of the
intelligence community element expects to incur in fiscal year 2025
as a result of establishing the regulations pursuant to subsection
(a)(1); and
(3) any perceived barriers or concerns in implementing such
authorities.
(c) Alternative Reporting.--Not later than 180 days after the date
of the enactment of this Act, each head of an element of the
intelligence community (other than the Director of the Central
Intelligence Agency) who believes that the authorities described in
subsection (a)(1) are not currently relevant for individuals associated
with their element, or who are not otherwise in position to issue the
regulations and procedures required by subsection (a)(1) shall provide
written and detailed justification to the congressional intelligence
committees, the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and the
Committee on Armed Services and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives to explain
this position.
SEC. 7804. REPORT AND BRIEFINGS ON CENTRAL INTELLIGENCE AGENCY HANDLING
OF ANOMALOUS HEALTH INCIDENTS.
(a) Definitions.--In this section:
(1) Agency.--The term ``Agency'' means the Central Intelligence
Agency.
(2) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Appropriations of the Senate; and
(C) the Committee on Appropriations of the House of
Representatives.
(3) Qualifying injury.--The term ``qualifying injury'' has the
meaning given such term in section 19A(d)(1) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(1)).
(b) In General.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the appropriate committees of Congress a report on the
handling of anomalous health incidents by the Agency.
(c) Contents.--The report required by subsection (b) shall include
the following:
(1) Priority cases.--
(A) A detailed list of priority cases of anomalous health
incidents, including any cases that the Agency has assessed as
potentially resulting from an external stimulus or the actions
of a foreign actor, including, for each case, locations, dates,
times, and circumstances of the anomalous health incidents.
(B) For each priority case listed in accordance with
subparagraph (A)--
(i) an explanation as to why such case was determined
to be a priority case;
(ii) a description of each entity assigned to
investigate the case;
(iii) a detailed explanation of each credible
alternative explanation that the Agency assigned to the
incident, including whether each individual affected by the
incident was informed about and provided with an
opportunity to appeal such credible alternative
explanation; and
(iv) a detailed account of the input, data, evidence,
or opinions the Agency has received from other agencies or
components of the Federal Government that the Agency may
have used to reach a conclusion on such case.
(C) For each priority case of an anomalous health incident
determined to largely display the core characteristics of an
anomalous health incident established by the Intelligence
Community Experts Panel, including each case for which the
Agency does not have a credible alternative explanation, a
detailed description of such case.
(2) Anomalous health incident sensors.--
(A) A list of all types of sensors that the Agency has
developed or deployed with respect to reports of anomalous
health incidents, including, for each type of sensor, the
deployment location, the date and the duration of the
employment of such type of sensor, and, if applicable, the
reason for removal.
(B) A list of entities to which the Agency has provided
unrestricted access to data from sensors associated with
anomalous health incidents.
(C) A list of requests for support the Agency has received
from elements of the Federal Government regarding sensor
development, testing, or deployment, and a description of the
support provided in each case.
(D) A description of each emitter signature that the Agency
prioritizes as a threat obtained by sensors associated with
anomalous health incidents in Agency holdings since 2016, and
an explanation of such prioritization.
(d) Additional Submissions.--Concurrent with the submission of the
report required by subsection (b), the Director of the Central
Intelligence Agency shall submit to the appropriate committees of
Congress--
(1) a report on the length of time, from the time of initial
application, for an applicant for payment under the Expanded Care
Program of the Central Intelligence Agency to receive a
determination from the Agency, disaggregated by qualifying injuries
and qualifying injuries to the brain;
(2) copies of all informational and instructional materials
provided to employees of and other individuals affiliated with the
Agency, with respect to applying for the Expanded Care Program; and
(3) copies of Agency guidance provided to employees of and
other individuals affiliated with the Agency, with respect to
reporting and responding to a suspected anomalous health incident,
and the roles and responsibilities of each element of the Agency
tasked with responding to a report of an anomalous health incident.
(e) Briefing Requirement.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence
Agency shall brief the appropriate committees of Congress on the
report required by subsection (b).
(2) Additional briefings.--Upon request of the appropriate
committees of Congress, the Director shall brief such committees on
anomalous health incidents.
(3) Availability.--The Director shall ensure that employees and
other personnel of the Agency are made available for briefings
under this subsection.
TITLE IX--OTHER MATTERS
Sec. 7901. Technical corrections.
Sec. 7902. Extension of title VII of FISA.
SEC. 7901. TECHNICAL CORRECTIONS.
(a) National Security Act of 1947.--The National Security Act of
1947 (50 U.S.C. 3001 et seq.) is amended--
(1) in section 102A(n) (50 U.S.C. 3024(n)) by redesignating the
second paragraph (5) as paragraph (6);
(2) in section 503(c)(3) (50 U.S.C. 3093(c)(3)), by striking
``section'' and inserting ``subsection'';
(3) in section 805(6) (50 U.S.C. 3164(6)), by striking
``sections 101 (a) and (b)'' and inserting ``subsections (a) and
(b) of section 101''; and
(4) in section 1102A (50 U.S.C. 3232a)--
(A) in subsection (b)(3), by striking ``subsection (2)''
and inserting ``paragraph (1)''; and
(B) in subsection (c)(4)(C)(iv), by striking ``wavier'' and
inserting ``waiver''.
(b) Intelligence Authorization Act for Fiscal Year 2023.--The
Intelligence Authorization Act for Fiscal Year 2023 (division F of
Public Law 117-263) is amended--
(1) in section 6422(b) (50 U.S.C. 3334l(b)), by striking
``Congressional'' and inserting ``congressional''; and
(2) in section 6732(b) (50 U.S.C. 3024 note; 136 Stat. 3583),
by striking ``paragraph (5)'' and inserting ``paragraph (6)''.
(c) David L. Boren National Security Education Act of 1991.--The
David L. Boren National Security Education Act of 1991 (50 U.S.C. 1901
et seq.) is amended--
(1) in section 802(j)(6) (50 U.S.C. 1902(j)(6))--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(B) in subparagraph (B), as so redesignated, by striking
``subparagraph (D)'' and inserting ``subparagraph (C)'';
(2) in section 803(d)(9)(D) (50 U.S.C. 1903(d)(9)(D)), by
striking ``Local'' and inserting ``local''; and
(3) in section 808(4)(A) (50 U.S.C. 1908(4)(A)), by striking
``a agency'' and inserting ``an agency''.
(d) Central Intelligence Agency Retirement Act.--The Central
Intelligence Agency Retirement Act (50 U.S.C. 2001 et seq.) is
amended--
(1) in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by
striking ``subsection 241(c)'' and inserting ``section 241(c)'';
(2) in section 263(g)(1) (50 U.S.C. 2093(g)(1)), by striking
``Fund'' and inserting ``fund'';
(3) in section 271(b) (50 U.S.C. 2111(b)), by striking
``section 231(b)'' and inserting ``section 231(c)''; and
(4) in section 304(c) (50 U.S.C. 2154(c))--
(A) in paragraph (1)(B)(i), by striking ``title 50'' and
inserting ``title 5''; and
(B) in paragraph (5)(A)(ii), by striking ``sections'' and
inserting ``section''.
(e) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 3001 of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)(i), by striking the semicolon and
inserting ``);''; and
(B) in paragraph (9)(A), by striking ``with industry'' and
inserting ``within industry''; and
(2) in subsection (j)(1)(C)(i), by striking ``(d),'' and all
that follows through ``section 8H'' and inserting ``(d), and (h) of
section 8H''.
(f) Intelligence Authorization Act for Fiscal Year 2003.--The
Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-
306; 116 Stat. 2383) is amended--
(1) in section 313(d)(3)(B) (50 U.S.C. 3361(d)(3)(B)), by
adding a period at the end; and
(2) in section 343(d)(1) (50 U.S.C. 3363(d)(1)), by striking
``Not later then'' and inserting ``Not later than''.
(g) Central Intelligence Agency Act of 1949.--The Central
Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended--
(1) in section 4--
(A) in subsection (a)(1)(E) (50 U.S.C. 3505(a)(1)(E)), by
striking the period at the end and inserting ``; and''; and
(B) in subsection (b)(2) (50 U.S.C. 3505(b)(2)), by
striking ``authorized by section'' and inserting ``authorized
by sections'';
(2) in section 6 (50 U.S.C. 3507), by striking ``or of the,
names'' and inserting ``or of the names'';
(3) in section 12(a)(2)(A) (50 U.S.C. 3512(a)(2)(A)), by
striking ``used only for--"'' and inserting ``used only for--'';
(4) in section 17--
(A) in subsection (d)(5)(B)(ii) (50 U.S.C.
3517(d)(5)(B)(ii)), by adding a period at the end; and
(B) in subsection (e)(4) (50 U.S.C. 3517(e)(4)), by
striking ``which oath affirmation, or affidavit'' and inserting
``which oath, affirmation, or affidavit''; and
(5) in section 19(a)(2) (50 U.S.C. 3519(a)(2)), by striking ``,
as a participant'' and inserting ``as a participant''.
(h) Central Intelligence Agency Voluntary Separation Pay Act.--
Section 2(a)(1) of the Central Intelligence Agency Voluntary Separation
Pay Act (50 U.S.C. 3519a(a)(1)) is amended by adding ``and'' at the
end.
(i) National Security Agency Act of 1959.--Section 16(d)(1) of the
National Security Agency Act of 1959 (50 U.S.C. 3614(d)(1)) is amended
by striking ``program participant,'' and inserting ``program
participant''.
(j) Intelligence Authorization Act for Fiscal Year 1995.--Section
811(e)(7) of the Intelligence Authorization Act for Fiscal Year 1995
(50 U.S.C. 3381(e)(7)) is amended by striking ``sections 101 (a) and
(b)'' and inserting ``subsections (a) and (b) of section 101''.
(k) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 7902. EXTENSION OF TITLE VII OF FISA.
(a) In General.--Section 403(b) of the Foreign Intelligence
Surveillance Act of 1978 Amendments Act of 2008 is amended--
(1) in paragraph (1) (Public Law 110-261; 50 U.S.C. 1881 note),
by striking ``December 31, 2023'' and inserting ``April 19, 2024'';
and
(2) in paragraph (2) (Public Law 110-261; 18 U.S.C. 2511 note),
in the matter preceding subparagraph (A), by striking ``December
31, 2023'' and inserting ``April 19, 2024''.
(b) Conforming Amendment.--Section 404(b) of the Foreign
Intelligence Surveillance Act of 1978 Amendments Act of 2008 is amended
in paragraph (1) in the paragraph heading, by striking ``december 31,
2023'' and inserting ``April 19, 2024''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
H.R. 2670 (ENR) - National Defense Authorization Act for Fiscal Year 2024
Bill Metadata
Publish Date: Dec 15, 2023
Scanned and Processed on: Sep 23, 2024
Official Title: To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and 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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