[118th Congress Public Law 31]
[From the U.S. Government Publishing Office]
[[Page 135]]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2024
[[Page 137 STAT. 136]]
Public Law 118-31
118th Congress
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. <<NOTE: Dec. 22, 2023 - [H.R. 2670]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 2024.>>
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.
[[Page 137 STAT. 137]]
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.
[[Page 137 STAT. 138]]
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.
[[Page 137 STAT. 139]]
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.
[[Page 137 STAT. 140]]
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.
[[Page 137 STAT. 141]]
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.
[[Page 137 STAT. 142]]
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.
[[Page 137 STAT. 143]]
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.
[[Page 137 STAT. 144]]
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.
[[Page 137 STAT. 145]]
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.
[[Page 137 STAT. 146]]
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.
[[Page 137 STAT. 147]]
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.
[[Page 137 STAT. 148]]
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.
[[Page 137 STAT. 149]]
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.
[[Page 137 STAT. 150]]
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.
[[Page 137 STAT. 151]]
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.
[[Page 137 STAT. 152]]
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.
[[Page 137 STAT. 153]]
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.
[[Page 137 STAT. 154]]
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.
[[Page 137 STAT. 155]]
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.
[[Page 137 STAT. 156]]
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.
[[Page 137 STAT. 157]]
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.
[[Page 137 STAT. 158]]
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.
[[Page 137 STAT. 159]]
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.
[[Page 137 STAT. 160]]
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.
[[Page 137 STAT. 161]]
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.
[[Page 137 STAT. 162]]
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.
[[Page 137 STAT. 163]]
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.
[[Page 137 STAT. 164]]
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. <<NOTE: 10 USC 101 note.>> 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.
[[Page 137 STAT. 165]]
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--
[[Page 137 STAT. 166]]
(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) <<NOTE: Certification.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Summary.>> a summary of the soldier feedback
obtained under subsection (a)(2); and
(3) <<NOTE: Certification. Compliance.>> 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. <<NOTE: 10 USC 7013 note.>> STRATEGY FOR ARMY TACTICAL
WHEELED VEHICLE PROGRAM.
(a) <<NOTE: Time periods. Reports.>> 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:
[[Page 137 STAT. 167]]
(1) <<NOTE: Time period.>> 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) <<NOTE: Funding estimate.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Review.>> 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) <<NOTE: Analysis.>> 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
[[Page 137 STAT. 168]]
and operational effects of the proposed recompete described in
subsection (a).
(3) <<NOTE: Cost estimates. Timelines.>> Detailed cost
estimates and timelines, including projected transition costs
and timelines for the task orders described in subsection (a).
(4) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Overview.>> 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) <<NOTE: Reports. 10 USC 8062 note.>> 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 <<NOTE: Notification.>> Secretary of the Navy shall notify
the Law Revision Counsel of the House of Representatives
[[Page 137 STAT. 169]]
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) <<NOTE: Determination.>> 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) <<NOTE: Timeline.>> 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) <<NOTE: Timeline.>> The timeline for activation
of such a reserve component carrier air wing.
(D) <<NOTE: Costs.>> 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) <<NOTE: Effective date.>> Authority for Advance Procurement.--
The Secretary of the Navy may enter into one or more contracts,
beginning in
[[Page 137 STAT. 170]]
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) <<NOTE: Effective date.>> 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) <<NOTE: Payments.>> 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) <<NOTE: Certification.>> 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) <<NOTE: California.>> 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
[[Page 137 STAT. 171]]
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 <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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)--
[[Page 137 STAT. 172]]
(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) <<NOTE: Deadlines. Time period.>> 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 <<NOTE: Compliance. 10 USC 9062 note.>> 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) <<NOTE: Time period.>> 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.
[[Page 137 STAT. 173]]
``(2) <<NOTE: Determination.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Risk assessment.>> 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) <<NOTE: Plan.>> A plan for determining the
conditions under which the Secretary of the Air Force may accept
production work
[[Page 137 STAT. 174]]
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) <<NOTE: Determination.>> 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) <<NOTE: Evaluation.>> 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.
[[Page 137 STAT. 175]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Determination.>> 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:
[[Page 137 STAT. 176]]
(1) <<NOTE: Update. Timeline.>> An updated tanker roadmap
timeline to include procurement of the Next Generation Air
Refueling System.
(2) <<NOTE: Analysis.>> The business case analysis of the
Air Force for the KC-135 recapitalization program.
(3) <<NOTE: Requirements.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date. Time period. Reports.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 177]]
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) <<NOTE: Estimate.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Time period.>> a period of 180 days has elapsed
following the date on which such notice was submitted; or
(2) <<NOTE: Certification.>> 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) <<NOTE: Cost estimates.>> 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) <<NOTE: Certification.>> 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).
[[Page 137 STAT. 178]]
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) <<NOTE: Certification.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Time period.>> 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).
[[Page 137 STAT. 179]]
(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, <<NOTE: 10 USC prec.
221.>> is amended by inserting after section 233 the following new
section:
``Sec. 233a. <<NOTE: 10 USC 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) <<NOTE: Time period.>> 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) <<NOTE: Timeline.>> 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.
[[Page 137 STAT. 180]]
``(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. <<NOTE: 50 USC 98e-2.>> 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) <<NOTE: Effective date.>> 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. <<NOTE: 10 USC note prec. 3201.>> 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. <<NOTE: 10 USC note prec. 4651.>> PROHIBITION ON
AVAILABILITY OF FUNDS FOR PROCUREMENT OF
CERTAIN BATTERIES.
(a) <<NOTE: Effective date.>> 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
[[Page 137 STAT. 181]]
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.
[[Page 137 STAT. 182]]
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, <<NOTE: 10 USC prec.
221.>> is amended by inserting after section 222d the following new
section:
``Sec. 222e. <<NOTE: 10 USC 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) <<NOTE: Summary.>> A summary description of
such priority, including the objectives to be achieved
if such priority is funded (whether in whole or in
part).
[[Page 137 STAT. 183]]
``(B) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Classified information. Summary.>> 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
[[Page 137 STAT. 184]]
``(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, <<NOTE: 10 USC prec.
8011.>> is amended by adding at the end the following new section:
``Sec. 8029. <<NOTE: 10 USC 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.
[[Page 137 STAT. 185]]
``(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--
[[Page 137 STAT. 186]]
(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
[[Page 137 STAT. 187]]
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) <<NOTE: Time period.>> 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) <<NOTE: Cost data.>> 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.
[[Page 137 STAT. 188]]
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) <<NOTE: Procedures.>> 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. <<NOTE: 10 USC 1599g note.>> 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. <<NOTE: Contracts. 10 USC note prec. 4141.>> 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
[[Page 137 STAT. 189]]
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) <<NOTE: Determination.>> 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) <<NOTE: Time periods.>> 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
[[Page 137 STAT. 190]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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.
[[Page 137 STAT. 191]]
(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. <<NOTE: 10 USC 4841 note.>> CONSORTIUM ON USE OF
ADDITIVE MANUFACTURING FOR DEFENSE
CAPABILITY DEVELOPMENT.
(a) <<NOTE: Deadline.>> 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;
[[Page 137 STAT. 192]]
(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) <<NOTE: Standards. Certification process.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Analyses. Assessments.>> 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
[[Page 137 STAT. 193]]
(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) <<NOTE: Time periods.>> 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.--
[[Page 137 STAT. 194]]
(1) <<NOTE: Deadlines.>> 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) <<NOTE: Cost estimates.>> 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.--
<<NOTE: Deadline. Review.>> 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.
[[Page 137 STAT. 195]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Validation.>> 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) <<NOTE: Evaluation. Determination.>> 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) <<NOTE: Assessments.>> Elements.--The cost-benefit and
technical risk analysis conducted under paragraph (1) shall
assess, at a minimum,
[[Page 137 STAT. 196]]
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) <<NOTE: Determination.>> 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) <<NOTE: Records.>> 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) <<NOTE: Recommenda- tions.>> submit a recommendation
regarding the feasibility and advisability of such establishment
or expansion to the congressional defense committees.
(b) <<NOTE: Deadline.>> Determination.--Not later than 15 days
after submitting the assessment required under subsection (a) the
Secretary of
[[Page 137 STAT. 197]]
Defense shall determine whether it is feasible and advisable to
establish or expand a UARC and--
(1) <<NOTE: Plan.>> for a positive determination, submit to
the congressional defense committees a plan described in
subsection (c); and
(2) <<NOTE: Data. Analysis.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 137 STAT. 198]]
(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) <<NOTE: Public information. Web posting.>> make the
plan available on a publicly accessible website of the
Department of Defense.
(f) <<NOTE: 10 USC note prec. 4141.>> Support to Covered
Educational Institutions.--
(1) <<NOTE: Contracts. Grants.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 199]]
the meaning given in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
SEC. 228. <<NOTE: 10 USC 4571 note.>> 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) <<NOTE: Processes.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Compliance.>> The self-certification by the
Department of Defense of the compliance of the Department's
radios with electromagnetic compatibility features.
(5) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Briefing.>> a briefing on the policies
developed under subsection (a), along with a timeline for
implementation of such policies; and
(2) <<NOTE: List. Determination.>> a list of such
additional resources or authorities as the Secretary determines
may be required to implement such policies.
[[Page 137 STAT. 200]]
(d) Testing Required.--
(1) <<NOTE: Review. Determinations.>> 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 <<NOTE: Evaluation.>> 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. <<NOTE: 10 USC 3601 note.>> RAPID RESPONSE TO EMERGENT
TECHNOLOGY ADVANCEMENTS OR THREATS.
(a) <<NOTE: Time period.>> 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) <<NOTE: Deadlines.>> Additional Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
[[Page 137 STAT. 201]]
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) <<NOTE: Extension authority.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 202]]
SEC. 230. <<NOTE: 10 USC note prec. 9531.>> PILOT PROGRAM TO
COMMERCIALIZE PROTOTYPES OF THE DEPARTMENT
OF THE AIR FORCE.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Grants.>> a grant;
(2) <<NOTE: Contracts.>> 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) <<NOTE: Certification. Compliance.>> 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) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 203]]
(g) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 4001 note.>> 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
[[Page 137 STAT. 204]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 137 STAT. 205]]
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. <<NOTE: 10 USC note prec. 7532.>> PILOT PROGRAM TO
FACILITATE ACCESS TO ADVANCED TECHNOLOGY
DEVELOPED BY SMALL BUSINESSES FOR GROUND
VEHICLE SYSTEMS OF THE ARMY.
(a) <<NOTE: Deadline. Contracts.>> 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, <<NOTE: 10 USC prec. 131.>> is amended by adding at the end the
following new section:
``Sec. 148. <<NOTE: 10 USC 148.>> Joint Energetics Transition
Office
``(a) <<NOTE: Establishment.>> 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) <<NOTE: Designations.>> 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
[[Page 137 STAT. 206]]
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) <<NOTE: Coordination.>> 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;
[[Page 137 STAT. 207]]
``(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.''.
[[Page 137 STAT. 208]]
(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) <<NOTE: Time period. Overviews.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: 10 USC 4172 note.>> 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
[[Page 137 STAT. 209]]
(2) are capable of being used in explosives that create
lethal effects in warheads.
SEC. 243. <<NOTE: 10 USC 4172 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Timeline.>> 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. <<NOTE: 10 USC note prec. 4651.>> 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).
[[Page 137 STAT. 210]]
(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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC note prec. 3201.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Termination date.>> 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.
[[Page 137 STAT. 211]]
(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 <<NOTE: Deadline. Briefing.>> 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) <<NOTE: Study. Time period.>> 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) <<NOTE: Wuhan Institute of Virology.>> the
Wuhan Institute of Virology or any other organization
administered by the Chinese Academy of Sciences;
(D) <<NOTE: EcoHealth Alliance Inc.>> 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) <<NOTE: Academy of Military Medical
Sciences. Beijing Institute of Microbiology and
Epidemiology.>> 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.
[[Page 137 STAT. 212]]
SEC. 253. ANNUAL REVIEW OF STATUS OF IMPLEMENTATION PLAN FOR
DIGITAL ENGINEERING CAREER TRACKS.
Not <<NOTE: Termination date.>> 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) <<NOTE: Summary.>> 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.
[[Page 137 STAT. 213]]
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) <<NOTE: 10 USC prec. 2661, 2684a notes, 2693.>> is--
(1) transferred to chapter 159 of title 10, United States
Code;
(2) inserted after section 2692 of such chapter; and
[[Page 137 STAT. 214]]
(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
[[Page 137 STAT. 215]]
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
[[Page 137 STAT. 216]]
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) <<NOTE: Definition.>> 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--
[[Page 137 STAT. 217]]
(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) <<NOTE: Definition.>> 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) <<NOTE: Determination.>> 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) <<NOTE: 10 USC 2911 note.>> 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.
[[Page 137 STAT. 218]]
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. <<NOTE: 10 USC note prec. 4651.>> PROHIBITION ON
REQUIRED DISCLOSURE BY DEPARTMENT OF
DEFENSE CONTRACTORS OF INFORMATION
RELATING TO GREENHOUSE GAS EMISSIONS.
(a) <<NOTE: Determinations.>> 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) <<NOTE: Time period.>> 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
[[Page 137 STAT. 219]]
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. <<NOTE: 10 USC note prec. 2661.>> REQUIRED
INFRASTRUCTURE PLAN PRIOR TO DEPLOYMENT OF
CERTAIN NON-TACTICAL VEHICLES AT MILITARY
INSTALLATIONS.
(a) <<NOTE: Time periods.>> 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) <<NOTE: Determination.>> 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:
[[Page 137 STAT. 220]]
(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. <<NOTE: 10 USC note prec. 2922.>> PROHIBITION AND
REPORT REQUIREMENT RELATING TO CERTAIN
ENERGY PROGRAMS OF DEPARTMENT OF DEFENSE.
(a) <<NOTE: Russia. China.>> 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) <<NOTE: List.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Termination date.>> 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) <<NOTE: Proposal.>> 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
[[Page 137 STAT. 221]]
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) <<NOTE: Timeline.>> 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) <<NOTE: Public information. Web posting. Updates. 10 USC 2701
note.>> 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:
[[Page 137 STAT. 222]]
``Sec. 2716. <<NOTE: 10 USC prec. 2700, 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) <<NOTE: Time period.>> 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'';
[[Page 137 STAT. 223]]
(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 <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> recommendations to improve
such efforts; and
(3) <<NOTE: Determination.>> 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.''.
[[Page 137 STAT. 224]]
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) <<NOTE: Appointment.>> 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) <<NOTE: Nomination.>> 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) <<NOTE: Deadline. Appointments. 10 USC 2926
note.>> 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) <<NOTE: Time period.>> The working group under paragraph (1)
shall meet not less frequently than quarterly.
``(7)(A) <<NOTE: Reports.>> 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) <<NOTE: Priorities. Time period.>> 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.''.
[[Page 137 STAT. 225]]
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) <<NOTE: Risk analysis.>> A risk analysis of
how the schedule for such project affects the
availability schedule for submarines and aircraft
carriers, including the following:
``(i) <<NOTE: Timeline.>> A timeline for the
completion of such project, including construction
dates and dates of planned maintenance at each
shipyard under such project.
``(ii) <<NOTE: Plans. Determination.>>
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) <<NOTE: Cost-benefit analysis.>> 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) <<NOTE: Assessment.>> An assessment of
whether greater flexibilities in authorities are
necessary to better support fleet maintenance
needs and the Shipyard Infrastructure Optimization
Program.''.
(b) <<NOTE: Deadline.>> 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.''.
[[Page 137 STAT. 226]]
SEC. 346. <<NOTE: 10 USC 4001 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Evaluations.>> 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) <<NOTE: Deadline.>> 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--
[[Page 137 STAT. 227]]
(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 <<NOTE: Study.>> 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) <<NOTE: Estimates.>> 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.
[[Page 137 STAT. 228]]
SEC. 349. <<NOTE: Deadlines. Time periods. 10 USC 2229 note.>>
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) <<NOTE: 10 USC 8013 note.>> 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) <<NOTE: Analysis.>> an analysis of maintenance delays
and costs due to unplanned and unpredicted maintenance issues;
(2) <<NOTE: Evaluation.>> 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;
[[Page 137 STAT. 229]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Deadline. Termination date.>> 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
[[Page 137 STAT. 230]]
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) <<NOTE: Estimate.>> A baseline and current estimate of
the completion date for in-work and scheduled and unscheduled
maintenance for the amphibious warship.
(4) <<NOTE: Update.>> 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) <<NOTE: Plan.>> 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.
[[Page 137 STAT. 231]]
Subtitle E--Other Matters
SEC. 361. REVIEW OF NOTICE OF PRESUMED RISK ISSUED BY MILITARY
AVIATION AND INSTALLATION ASSURANCE
CLEARINGHOUSE.
Section <<NOTE: Time period.>> 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).
[[Page 137 STAT. 232]]
``(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.''.
[[Page 137 STAT. 233]]
SEC. 363. MODIFICATION TO JOINT SAFETY COUNCIL.
Title 10, United States Code, is amended--
(1) <<NOTE: 10 USC prec. 171.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Deadlines.>> 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
[[Page 137 STAT. 234]]
(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. <<NOTE: 10 USC 7721 note.>> 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) <<NOTE: Deadline. Time periods. Termination date.>>
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) <<NOTE: Updates.>> Elements.--Each briefing under
paragraph (1) shall include the following:
(A) <<NOTE: Assessment.>> 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.
[[Page 137 STAT. 235]]
SEC. 367. <<NOTE: 10 USC 4811 note.>> RECOVERY OF RARE EARTH
ELEMENTS AND OTHER STRATEGIC AND CRITICAL
MATERIALS THROUGH END-OF-LIFE EQUIPMENT
RECYCLING.
The <<NOTE: Policies. Procedures.>> 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
[[Page 137 STAT. 236]]
``(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.
[[Page 137 STAT. 237]]
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.
[[Page 137 STAT. 238]]
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.
[[Page 137 STAT. 239]]
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.
[[Page 137 STAT. 240]]
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) <<NOTE: 10 USC prec. 521.>> by repealing section 526;
(2) <<NOTE: 10 USC prec. 521.>> by redesignating section
526a as section 526;
(3) <<NOTE: 10 USC prec. 521.>> in the table of sections
for such chapter, by striking the item relating to section 526a;
and
(4) <<NOTE: 10 USC prec. 521.>> 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 <<NOTE: 10 USC 526a note.>> is hereby repealed.
SEC. 502. <<NOTE: 2 USC note prec. 4121.>> 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
[[Page 137 STAT. 241]]
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. <<NOTE: 10 USC 602.>> Flexibility in determining
terms of appointment for certain senior officer
positions
``The <<NOTE: Time period.>> 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, <<NOTE: 10 USC prec. 601.>>
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''.
[[Page 137 STAT. 242]]
SEC. 506. AUTHORITY TO INCREASE THE NUMBER OF MEDICAL AND DENTAL
OFFICERS RECOMMENDED FOR PROMOTION TO
CERTAIN GRADES.
Section 616(d) <<NOTE: Determination.>> 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, <<NOTE: 10 USC prec. 627.>> 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''.
[[Page 137 STAT. 243]]
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, <<NOTE: 10
USC prec. 651.>> is amended by inserting after section 653 the
following new section:
``Sec. 654. <<NOTE: 10 USC 654.>> Minimum service requirement for
certain cyberspace occupational specialties
``(a) <<NOTE: Time period.>> 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, <<NOTE: 10 USC prec.
9011.>> is amended by inserting, after section 9023, the following new
section:--
``Sec. 9023a. <<NOTE: 10 USC 9023a.>> Legislative Liaison of the
Space Force
``(a) Establishment.--There is a Legislative Liaison of the Space
Force.
[[Page 137 STAT. 244]]
``(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) <<NOTE: Termination date.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Proposals.>> 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. <<NOTE: Appointment.>> --(1) The Vice Chief of the
National Guard Bureau shall be appointed to serve in the grade of
general.
``(2) <<NOTE: Designation.>> 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.''.
[[Page 137 STAT. 245]]
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) <<NOTE: Notice.>> 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, <<NOTE: 10 USC prec. 10001.>> is amended by adding at the end the
following new chapter:
``CHAPTER 1413 <<NOTE: 10 USC prec. 15101.>> --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. <<NOTE: 10 USC 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) <<NOTE: Time period. Reports.>> 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. <<NOTE: Estimates.>>
The report on the designation of a competitive category shall set forth
the following:
``(1) <<NOTE: Requirements.>> 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.
[[Page 137 STAT. 246]]
``(4) A description of any other matters the Secretary
considered in determining to designate the competitive category
for purposes of this chapter.
``Sec. 15102. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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.
[[Page 137 STAT. 247]]
``(b) Limited Authority of Secretary of Military Department to
Modify Number of Opportunities. <<NOTE: Time period.>> --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. <<NOTE: 10 USC 15105.>> Promotions
``Sections <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 15106.>> Failure of selection for
promotion
``(a) <<NOTE: Applicability.>> 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
[[Page 137 STAT. 248]]
``(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. <<NOTE: Applicability. 10 USC 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. <<NOTE: Applicability. 10 USC 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. <<NOTE: 10 USC 15109.>> Other administrative
authorities
``(a) <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 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, <<NOTE: 10 USC prec. 14001.>> 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. <<NOTE: 32 USC 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
[[Page 137 STAT. 249]]
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 <<NOTE: 32 USC prec. 501.>> 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) <<NOTE: 32 USC 501 note.>> is
amended by striking section 515.
SEC. 516. <<NOTE: 10 USC 661 note.>> 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, <<NOTE: 10 USC prec. 671.>>
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, <<NOTE: 10 USC prec.
971.>> is amended by inserting after section 985 the following new
section 986:
``Sec. 986. <<NOTE: 10 USC 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.''.
[[Page 137 STAT. 250]]
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. <<NOTE: 10 USC 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) <<NOTE: Processes. Determinations.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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--
[[Page 137 STAT. 251]]
``(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) <<NOTE: Processes.>> 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) <<NOTE: Assessments.>> 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.
[[Page 137 STAT. 252]]
``(f) Notifications of Determinations of Certain Threats.--
``(1) <<NOTE: Deadline.>> 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) <<NOTE: Determinations.>> 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 <<NOTE: 10 USC prec. 971.>> 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.''.
[[Page 137 STAT. 253]]
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) <<NOTE: Disclosures.>> 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) <<NOTE: Requirement. Disclosures.>> 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) <<NOTE: Review.>> 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) <<NOTE: Determinations.>> 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.''.
[[Page 137 STAT. 254]]
(b) <<NOTE: Deadline.>> 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) <<NOTE: Delegation authority. Determination.>> 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) <<NOTE: Reports. Public information. Web posting.>> 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. <<NOTE: Time periods. 10 USC note prec. 1161.>>
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--
[[Page 137 STAT. 255]]
(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. <<NOTE: 10 USC 1553 note.>> 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. <<NOTE: 10 USC note prec. 1161.>> 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) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 256]]
(2) The term ``covered Armed Force'' means the Army, Navy,
Marine Corps, Air Force, Coast Guard, or Space Force.
SEC. 529. <<NOTE: 10 USC note prec. 1201.>> CONTINUING MILITARY
SERVICE FOR CERTAIN MEMBERS ELIGIBLE FOR
CHAPTER 61 RETIREMENT.
(a) <<NOTE: Deadline. Regulations.>> 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) <<NOTE: Requirement. Reviews. Time period.>> 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''.
[[Page 137 STAT. 257]]
(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. <<NOTE: 10 USC note prec. 501.>> 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) <<NOTE: Deadline.>> 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).''.
[[Page 137 STAT. 258]]
(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
[[Page 137 STAT. 259]]
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--
[[Page 137 STAT. 260]]
(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) <<NOTE: Definition.>> 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) <<NOTE: 10 USC 816 note.>> 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. <<NOTE: Time periods.>> 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
[[Page 137 STAT. 261]]
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) <<NOTE: 10 USC 867a note.>> 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
[[Page 137 STAT. 262]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Reports. Plans.>> 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
[[Page 137 STAT. 263]]
(2) <<NOTE: Briefing.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Determinations.>> 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
[[Page 137 STAT. 264]]
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) <<NOTE: Reports.>> 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. <<NOTE: Notification. Deadline.>> The Secretary of Defense
shall notify the
[[Page 137 STAT. 265]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC note prec. 501.>> IMPROVEMENTS TO
MEDICAL STANDARDS FOR ACCESSION TO CERTAIN
ARMED FORCES.
(a) <<NOTE: Deadlines. Processes.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 137 STAT. 266]]
SEC. 546. <<NOTE: 10 USC 520 note.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC note prec. 501.>> PILOT PROGRAM ON
CARDIAC SCREENINGS FOR MILITARY
ACCESSIONS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Determination. Costs.>> determine the costs
(including protocols and personnel and equipment for each
location where the Secretary carries
[[Page 137 STAT. 267]]
out the pilot program) and benefits to the Department of
providing an electrocardiogram to every individual who undergoes
a military accession screening;
(2) <<NOTE: Processes. Assessment.>> develop and implement
appropriate processes to assess the long-term impacts of
electrocardiogram results on military service; and
(3) <<NOTE: Consultation.>> consult with experts in
cardiology to develop appropriate clinical practice guidelines
for cardiac screenings, diagnosis, and treatment.
(c) <<NOTE: Deadline.>> 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) <<NOTE: Costs.>> The cost of carrying out the pilot
program.
(d) Termination.--The pilot program shall terminate after three
years after its implementation.
SEC. 548. <<NOTE: 10 USC 503 note.>> COMMUNITY COLLEGE ENLISTED
TRAINING CORPS DEMONSTRATION PROGRAM.
(a) Demonstration Program.--
(1) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 268]]
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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Demographic analysis.>> 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).
[[Page 137 STAT. 269]]
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) <<NOTE: Determination.>> 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) <<NOTE: Regulations.>> 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 <<NOTE: Processes.>> memorandum shall be standardized to
the extent practicable and include the following elements:
``(A) <<NOTE: Notification. Deadline.>> 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
[[Page 137 STAT. 270]]
conduct of appropriate background checks by such
Secretary and the institution concerned.
``(C) <<NOTE: Expiration date.>> 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) <<NOTE: Inspection. Time period. Effective
date.>> 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) <<NOTE: Certification. Reports. Applicability.>>
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) <<NOTE: Policies. Notification.>> 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) <<NOTE: Data.>> 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) <<NOTE: Time periods.>> officers and noncommissioned
officers who are separated with an honorable discharge within
the past 5 years
[[Page 137 STAT. 271]]
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) <<NOTE: Payments.>> 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) <<NOTE: Determination.>> 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) <<NOTE: 10 USC 2031 note.>> 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
[[Page 137 STAT. 272]]
``(6) is owned by or controlled by or is an agency or
instrumentality of any person described in paragraphs (1)
through (5).''.
SEC. 555. <<NOTE: Time periods.>> ENFORCEMENT OF PROGRAM
REQUIREMENTS FOR THE JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) <<NOTE: Penalties.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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
[[Page 137 STAT. 273]]
``(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) <<NOTE: Compliance.>> 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''.
[[Page 137 STAT. 274]]
(d) <<NOTE: 10 USC 7442 note.>> 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. <<NOTE: Requirement. 10 USC 7446 note.>> 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) <<NOTE: Time periods.>> A legislative proposal that
would--
(A) <<NOTE: Update.>> 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) <<NOTE: 10 USC 7448 note.>> 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.
[[Page 137 STAT. 275]]
(3) <<NOTE: Summary.>> A summary by participant of
marketing strategy and recruiting related activities conducted.
(4) <<NOTE: Assessments. Determination.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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:
[[Page 137 STAT. 276]]
``(3) To carry out this subsection, the Secretary concerned shall--
``(A) assign not fewer than two full-time equivalent
positions; and
``(B) <<NOTE: Funding plans.>> 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) <<NOTE: Processes.>> 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) <<NOTE: Time periods.>> 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)--
[[Page 137 STAT. 277]]
(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) <<NOTE: Grants.>> 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);
[[Page 137 STAT. 278]]
(D) by inserting after paragraph (3) the following
new paragraph:
``(4) <<NOTE: Assessment. Time period.>> 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. <<NOTE: Deadlines. 10 USC 7013 note.>> 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.
[[Page 137 STAT. 279]]
(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. <<NOTE: Deadline.>> 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
[[Page 137 STAT. 280]]
``(C) performing authorized duties for the Department of
Defense under a program or activity referred to in paragraph
(1).
``(4) <<NOTE: Termination date.>> The authority under this
subsection shall terminate three years after the date of the enactment
of this subsection.
``(5) <<NOTE: Definition.>> 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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 281]]
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) <<NOTE: Payments.>> 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) <<NOTE: Deadline. Evaluation. Determination.>>
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. <<NOTE: 10 USC note prec. 1791.>> OUTREACH CAMPAIGN
RELATING TO WAITING LISTS FOR MILITARY
CHILD DEVELOPMENT CENTERS; ANNUAL
BRIEFING.
(a) <<NOTE: Time period.>> 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
[[Page 137 STAT. 282]]
(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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: List.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Processes.>> 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) <<NOTE: Deadline. Time period.>> 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.
[[Page 137 STAT. 283]]
(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) <<NOTE: Estimate.>> 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) <<NOTE: Costs.>> the total anticipated costs of funding
universal pre-kindergarten programs in schools operated by the
Department of Defense Education Activity;
(2) <<NOTE: Cost estimate.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Assessment.>> a needs assessment of facilities
for universal pre-kindergarten programs based on anticipated
capacity;
(6) <<NOTE: Assessment.>> 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) <<NOTE: Overview.>> An overview of policies and
procedures in place in DODEA schools to ensure that students are
regularly screened for mental health and wellness.
(3) <<NOTE: Overview.>> 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) <<NOTE: Recommenda- tions.>> Any recommendations for
new policies, programs, or resources to improve mental health
and wellness support for students enrolled in DODEA schools.
[[Page 137 STAT. 284]]
(5) <<NOTE: Assessment.>> 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, <<NOTE: 10 USC prec. 2161.>> is amended by inserting after
section 2164 the following new section:
``Sec. 2164a. <<NOTE: 10 USC 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) <<NOTE: Public information. Web posting.>> post on a
publicly accessible website of the school--
``(A) <<NOTE: Curriculum.>> the curriculum for each
course and grade level;
[[Page 137 STAT. 285]]
``(B) <<NOTE: Standards.>> the academic standards
or other learning benchmarks used by the school; and
``(C) <<NOTE: Notice. Records.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Time period.>> 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
[[Page 137 STAT. 286]]
``(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. <<NOTE: 10 USC 8013 note.>> 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 <<NOTE: Notification.>> 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.
[[Page 137 STAT. 287]]
(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) <<NOTE: Policies.>> All policies and documents of the
program.
(2) The number of digital ambassadors designated.
(3) <<NOTE: Processes. Criteria.>> 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) <<NOTE: Determination. Compliance.>> 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.
[[Page 137 STAT. 288]]
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. <<NOTE: 10 USC 711.>> Parental leave for members of
certain reserve components of the armed forces
``(a)(1) <<NOTE: Regulations. Time period.>> 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) <<NOTE: Requirement. Determination.>> 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 <<NOTE: 10 USC prec.
701.>> 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:
[[Page 137 STAT. 289]]
``(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) <<NOTE: 10 USC 711 note.>> 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. <<NOTE: 37 USC 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 <<NOTE: 37 USC prec. 201.>> 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--
[[Page 137 STAT. 290]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Reports.>> 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 <<NOTE: 37 USC prec. 301.>> 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''.
[[Page 137 STAT. 291]]
(2) Clerical amendment.--The table of sections for chapter 5
of such title is <<NOTE: 37 USC prec. 301.>> 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. <<NOTE: Evaluation.>> --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.
[[Page 137 STAT. 292]]
(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) <<NOTE: Expiration date.>> This paragraph shall cease to be
effective on December 31, 2024.''.
SEC. 614. <<NOTE: 37 USC 301 note.>> AUTHORIZATION OF MONTHLY
BONUS PAY FOR A JUNIOR MEMBER OF THE
UNIFORMED SERVICES DURING CALENDAR YEAR
2024.
(a) <<NOTE: Effective date. Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Effective date.>> 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. <<NOTE: 37 USC 352 note.>> 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
[[Page 137 STAT. 293]]
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 <<NOTE: Reports.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Costs.>> 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) <<NOTE: Revision. 37 USC 402b note.>> 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) <<NOTE: Regulations.>> 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
[[Page 137 STAT. 294]]
serving in pay grades below E-6 before authorizing the payment of a
basic allowance for housing for such members.''.
SEC. 624. <<NOTE: Time period.>> 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) <<NOTE: President. 37 USC 1008 note.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: 37 USC 403b
note.>> 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.
[[Page 137 STAT. 295]]
``(b) Increases.--The Secretary may increase an OCONUS COLA at any
time.
``(c) <<NOTE: Time period.>> 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) <<NOTE: Assessment.>> The assessment of the Secretary
of the calculation of an OCONUS COLA. <<NOTE: Costs.>> 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''.
[[Page 137 STAT. 296]]
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) <<NOTE: 10 USC prec. 1030.>> 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
[[Page 137 STAT. 297]]
(4) by inserting, after subsection (j), the following new
subsection (k):
``(k) <<NOTE: Time period.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Deadline. 10 USC 1062 note.>> 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 <<NOTE: 10
USC prec. 1061.>> 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).''.
[[Page 137 STAT. 298]]
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.
[[Page 137 STAT. 299]]
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. <<NOTE: Termination dates.>> 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.''.
[[Page 137 STAT. 300]]
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) <<NOTE: 10 USC 1076d note.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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--
[[Page 137 STAT. 301]]
``(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. <<NOTE: Deadline. 10 USC 1090 note.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 1073a note.>> AUTHORITY TO EXPAND THE
TRICARE COMPETITIVE PLANS DEMONSTRATION
PROJECT.
(a) <<NOTE: Deadline.>> 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--
[[Page 137 STAT. 302]]
(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. <<NOTE: Determination.>> --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) <<NOTE: Deadline. Determinations.>> 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) <<NOTE: Records. Reports.>> 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
[[Page 137 STAT. 303]]
``(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) <<NOTE: Reports.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Analysis.>> an analysis of
personnel requirements for the network model;
(iii) <<NOTE: Review.>> a review of how input
from internal and external stakeholders was
incorporated; and
(iv) <<NOTE: Plans.>> 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''.
[[Page 137 STAT. 304]]
(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. <<NOTE: Deadline. Consultation. 10 USC 1073 note.>>
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) <<NOTE: Deadline.>> 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) <<NOTE: Appointment.>> 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.
[[Page 137 STAT. 305]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Ukraine.>> 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.''.
[[Page 137 STAT. 306]]
SEC. 722. STUDY ON OPIOID ALTERNATIVES.
(a) <<NOTE: Deadline.>> 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. <<NOTE: Recommenda- tions.>>
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. <<NOTE: 10 USC 1074 note.>> PROGRAM OF THE DEPARTMENT
OF DEFENSE TO STUDY TREATMENT OF CERTAIN
CONDITIONS USING CERTAIN PSYCHEDELIC
SUBSTANCES.
(a) <<NOTE: Deadlines. Processes.>> 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 <<NOTE: Designation.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Time period.>> 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
[[Page 137 STAT. 307]]
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) <<NOTE: Time period.>> 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) <<NOTE: List.>> 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;
[[Page 137 STAT. 308]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: Assessments.>> STUDY AND REPORT ON HEALTH
CONDITIONS OF MEMBERS OF THE ARMED FORCES
ON ACTIVE DUTY DEVELOPED AFTER
ADMINISTRATION OF COVID-19 VACCINE.
(a) <<NOTE: Evaluation.>> Study.--The Secretary of Defense shall
conduct a study to assess and evaluate any health conditions arising in
members
[[Page 137 STAT. 309]]
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) <<NOTE: Data.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Estimate.>> An estimate of--
(A) <<NOTE: Time period.>> 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.
[[Page 137 STAT. 310]]
(3) <<NOTE: Summary.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Evaluation.>> 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.
[[Page 137 STAT. 311]]
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.
[[Page 137 STAT. 312]]
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) <<NOTE: Records.>> 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, <<NOTE: 10 USC prec.
4651.>> is amended by adding at the end the following new section:
``Sec. 4662. <<NOTE: 10 USC 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.
[[Page 137 STAT. 313]]
``(b) <<NOTE: Determination.>> 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. <<NOTE: 10 USC note prec. 4651.>> 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) <<NOTE: Determination.>> 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--
[[Page 137 STAT. 314]]
(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,
[[Page 137 STAT. 315]]
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) <<NOTE: Ukraine. Determination.>>
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. <<NOTE: 10 USC note prec. 4651.>> 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--
[[Page 137 STAT. 316]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Plan.>> 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.
[[Page 137 STAT. 317]]
(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. <<NOTE: 10 USC 1701 note.>> PRINCIPAL TECHNOLOGY
TRANSITION ADVISOR.
(a) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 318]]
(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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 132 note.>> 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.
[[Page 137 STAT. 319]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: 10 USC 3791 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Plan.>> 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--
[[Page 137 STAT. 320]]
(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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC note prec. 3301.>> 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) <<NOTE: Public information. Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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,
[[Page 137 STAT. 321]]
data, and labor or services that provides a capability that is metered
and billed based on actual usage at fixed price units.
SEC. 810. <<NOTE: Deadlines. 10 USC 4067 note.>> UPDATED GUIDANCE
ON PLANNING FOR EXPORTABILITY FEATURES FOR
FUTURE PROGRAMS.
(a) Program Guidance on Planning for Exportability Features.--
<<NOTE: Assessments.>> 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. <<NOTE: 10 USC note prec. 3101.>> MODERNIZING THE
DEPARTMENT OF DEFENSE REQUIREMENTS
PROCESS.
(a) Modernizing the Department of Defense Requirements
Process. <<NOTE: Deadline. Revisions.>> --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) <<NOTE: Revisions.>> 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
[[Page 137 STAT. 322]]
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) <<NOTE: Publications.>> 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--
[[Page 137 STAT. 323]]
(1) a description of the efforts to develop and implement
the streamlined requirements development process under
subsection (a);
(2) <<NOTE: Plans.>> the plans of the Department of Defense
to implement, communicate, and continuously improve the
requirements development process required by subsection (a); and
(3) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC note prec. 4501.>> PREVENTING CONFLICTS
OF INTEREST FOR ENTITIES THAT PROVIDE
CERTAIN CONSULTING SERVICES TO THE
DEPARTMENT OF DEFENSE.
(a) In General.--
(1) <<NOTE: Deadline. Regulations.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Procedures. Notice. Deadline. Determination.>>
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.
[[Page 137 STAT. 324]]
(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) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 325]]
(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) <<NOTE: China.>> 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) <<NOTE: Russia.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 3458 note.>> FOCUSED COMMERCIAL
SOLUTIONS OPENINGS OPPORTUNITIES.
(a) <<NOTE: Time periods. Effective date.>> 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
[[Page 137 STAT. 326]]
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:
[[Page 137 STAT. 327]]
``(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) <<NOTE: 10 USC 4022 note.>> 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. <<NOTE: Guidance. Procedures. Strategies.>>
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.--
[[Page 137 STAT. 328]]
``(1) Identification.--
``(A) <<NOTE: Evaluation.>> 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. <<NOTE: Notice.>> --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) <<NOTE: Notification.>> 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) <<NOTE: Deadlines.>> 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 <<NOTE: Review.>> 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
[[Page 137 STAT. 329]]
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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 330]]
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) <<NOTE: Examination.>> 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) <<NOTE: Determination.>> 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.''.
[[Page 137 STAT. 331]]
(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) <<NOTE: 10 USC note prec. 4871.>> 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
[[Page 137 STAT. 332]]
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. <<NOTE: 46 USC 50309 note.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> makes a determination
that such waiver is vital to the national security of
the United States; and
(B) <<NOTE: Reports.>> 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) <<NOTE: Time periods.>> 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. <<NOTE: 46 USC 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--
[[Page 137 STAT. 333]]
``(1) <<NOTE: Notification. Notice.>> notify covered
entities of the prohibition in subsection (a) as soon as
practicable, including notice of funding opportunities for grant
programs; and
``(2) <<NOTE: Web posting. Updates. List.>> 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) <<NOTE: Determination.>> makes a determination that
such waiver is vital to the national security of the United
States; and
``(2) <<NOTE: Reports.>> 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) <<NOTE: China.>> 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, <<NOTE: 46 USC prec. 50301.>> is
amended by adding at the end the following new item:
``50309. Securing logistics information data of the United States.''.
(3) <<NOTE: Effective date.>> Applicability.--Section 50309
of title 46, United States Code, as added by paragraph (1),
shall apply with respect
[[Page 137 STAT. 334]]
to any contract entered into on or after the date that is 180
days after the date of the enactment of this subsection.
(4) <<NOTE: Time periods.>> 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) <<NOTE: President.>> Negotiations With Allies and Partners.--
(1) <<NOTE: Determination.>> 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) <<NOTE: India.>> India; and
(C) <<NOTE: Taiwan.>> 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--
[[Page 137 STAT. 335]]
(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) <<NOTE: Country listing.>> 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) <<NOTE: Nicolas Maduro Moros.>> the Bolivarian
Republic of Venezuela under the regime of Nicolas Maduro
Moros.
SEC. 826. <<NOTE: 10 USC note prec. 4601.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC note prec. 4601.>> MODIFICATIONS TO
EARNED VALUE MANAGEMENT SYSTEM
REQUIREMENTS.
(a) <<NOTE: Deadline. Regulations.>> 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) <<NOTE: Briefing. Timeline.>> 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.
[[Page 137 STAT. 336]]
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. <<NOTE: Contracts.>> 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
[[Page 137 STAT. 337]]
or contracts for lesser amounts in order to qualify for
the exception under clause (i).
``(B) <<NOTE: Waiver authority. Determination.>> 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) <<NOTE: Applicability.>> This section is applicable
to contracts and subcontracts for the procurement of flags of
the United States.''.
(b) <<NOTE: 10 USC 4862 note.>> 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) <<NOTE: Reports.>> 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) <<NOTE: 10 USC 4863 note.>> 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
[[Page 137 STAT. 338]]
(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. <<NOTE: 10 USC note prec. 4201.>> ENHANCED DOMESTIC
CONTENT REQUIREMENT FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Assessment Required.--
(1) <<NOTE: Reports.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 339]]
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) <<NOTE: 10 USC note prec.
3701.>> 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''.
[[Page 137 STAT. 340]]
SEC. 842. <<NOTE: 10 USC 2341 note.>> 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) <<NOTE: Determination.>> 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.
[[Page 137 STAT. 341]]
(c) <<NOTE: Contracts.>> 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) <<NOTE: Summaries. Recommenda- tions.>> 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. <<NOTE: Deadline.>> --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''
[[Page 137 STAT. 342]]
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. <<NOTE: 10 USC 3601 note.>> SPECIAL AUTHORITY FOR RAPID
CONTRACTING FOR COMMANDERS OF COMBATANT
COMMANDS.
(a) <<NOTE: Determination.>> 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
[[Page 137 STAT. 343]]
(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) <<NOTE: Applicability.>> 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. <<NOTE: Summary.>>
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
[[Page 137 STAT. 344]]
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) <<NOTE: Contracts.>> 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) <<NOTE: Waiver authority. Determination.>> 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) <<NOTE: Determination.>> 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 <<NOTE: Submission.>> 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
[[Page 137 STAT. 345]]
``(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) <<NOTE: 10 USC 4872 note.>> 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. <<NOTE: 10 USC note prec. 3241.>> PILOT PROGRAM TO
ANALYZE AND MONITOR CERTAIN SUPPLY CHAINS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: List.>> 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) <<NOTE: Assessment.>> an assessment of any efficiencies
achieved by addressing impediments to the supply chain.
[[Page 137 STAT. 346]]
(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. <<NOTE: 15 USC 18a note.>> 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--
[[Page 137 STAT. 347]]
(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. <<NOTE: Determination. Requirement. Consul
tation.>> --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. <<NOTE: Deadline. Determination. 15 USC 637
note.>> --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. <<NOTE: 15 USC 644 note.>> ELIMINATING SELF-
CERTIFICATION FOR SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESSES.
(a) Definitions.--In this section:
[[Page 137 STAT. 348]]
(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. <<NOTE: Time periods. Determination.>> --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) <<NOTE: Deadline.>> 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. <<NOTE: Deadline. Requirements. Contracts. 10 USC 3301
note.>> 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.
[[Page 137 STAT. 349]]
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
[[Page 137 STAT. 350]]
(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. <<NOTE: Deadlines. 10 USC 301 note.>> 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. <<NOTE: Public information.>> --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
[[Page 137 STAT. 351]]
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 <<NOTE: Web posting.>> ) posting any supporting
materials on a publicly accessible internet website.
(3) Covered embassy personnel. <<NOTE: Definition.>> --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. <<NOTE: List.>> --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.
[[Page 137 STAT. 352]]
SEC. 874. <<NOTE: 10 USC 3804 note.>> 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. <<NOTE: Public comment. Deadline.>> --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. <<NOTE: List.>> --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--
[[Page 137 STAT. 353]]
(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). <<NOTE: Data. Recommenda- tions.>> 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.
[[Page 137 STAT. 354]]
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
[[Page 137 STAT. 355]]
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. <<NOTE: Deadlines.>> 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.--
[[Page 137 STAT. 356]]
``(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) <<NOTE: Designation.>> 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) <<NOTE: List.>> 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). <<NOTE: Reviews.>> Each report shall include--
[[Page 137 STAT. 357]]
``(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) <<NOTE: Classified information.>> 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) <<NOTE: 10 USC 139a note.>> 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. <<NOTE: Establishment. Time periods.>> --
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.--
[[Page 137 STAT. 358]]
(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, <<NOTE: 10 USC prec. 131.>> is further
amended by adding at the end the following new section:
``Sec. 149. <<NOTE: 10 USC 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
[[Page 137 STAT. 359]]
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) <<NOTE: Strategies.>> 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;
[[Page 137 STAT. 360]]
``(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) <<NOTE: 10 USC 4811 note.>> 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. <<NOTE: Criteria.>> --
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.--
[[Page 137 STAT. 361]]
(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. <<NOTE: Waiver
authority.>> --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. <<NOTE: Waiver
authority.>> --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.
[[Page 137 STAT. 362]]
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
[[Page 137 STAT. 363]]
(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. <<NOTE: Deadline.>> --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. <<NOTE: 10 USC 131 note.>> 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.
[[Page 137 STAT. 364]]
(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) <<NOTE: Data.>> 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) <<NOTE: Deadline. Time period.>> 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. <<NOTE: 10 USC 138 note.>> 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
[[Page 137 STAT. 365]]
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, <<NOTE: 10 USC prec. 4061.>> is amended by
adding at the end the following new section:
``Sec. 4127. <<NOTE: 10 USC 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) <<NOTE: Appointment.>> 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
[[Page 137 STAT. 366]]
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
[[Page 137 STAT. 367]]
``(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) <<NOTE: Reports.>> 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
[[Page 137 STAT. 368]]
(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) <<NOTE: 10 USC 1766 note.>> Effective date.--The
amendments made by subsection (a) shall take effect 180 days
after the date of the enactment of this Act.
(2) <<NOTE: 10 USC 1766 note.>> 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. <<NOTE: Determination.>> --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). <<NOTE: Plan.>> 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. <<NOTE: 10 USC prec. 8011.>> 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--
[[Page 137 STAT. 369]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Coordination. Research and development.>> 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
[[Page 137 STAT. 370]]
specified in subsection (b) since the date of the
preceding briefing under this section''.
SEC. 918. <<NOTE: 10 USC 301 note.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 137 STAT. 371]]
(3) Briefing required. <<NOTE: Deadline.>> --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. <<NOTE: Deadline.>> --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. <<NOTE: Assessments.>> --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) <<NOTE: Review. Recommenda- tions.>> 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) <<NOTE: Survey. Data.>> 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
[[Page 137 STAT. 372]]
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. <<NOTE: 10 USC 111 note.>> SOFTWARE-BASED CAPABILITY TO
FACILITATE SCHEDULING BETWEEN THE
DEPARTMENT OF DEFENSE AND CONGRESS.
Not <<NOTE: Deadline.>> 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) <<NOTE: Data.>> 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. <<NOTE: 10 USC 240b note.>> 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. <<NOTE: Contracts.>> --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) <<NOTE: Evaluation.>> 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. <<NOTE: Deadline.>> --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
[[Page 137 STAT. 373]]
metrics developed under subsection (a) in support of the
performance evaluation process.
(B) <<NOTE: Evaluation.>> 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. <<NOTE: 10 USC 2222 note.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Assessment. Recommenda- tions. Determination.>>
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) <<NOTE: Revision. Assessment.>> 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. <<NOTE: Contracts.>> --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. <<NOTE: Contracts.>> --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
[[Page 137 STAT. 374]]
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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Deadline.>> --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;
[[Page 137 STAT. 375]]
(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. <<NOTE: Deadline.>> --Not later than 60
days after completion of the force design required under subsection (a),
the Secretary of the Air Force shall--
(1) <<NOTE: Summary.>> submit a summary of the force design
to the congressional defense committees; and
(2) <<NOTE: Briefing.>> 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. <<NOTE: Assessment.>> --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) <<NOTE: Analyses.>> Elements.--The study under subsection (a)
shall include the following:
(1) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: Deadline.>> --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
[[Page 137 STAT. 376]]
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.
[[Page 137 STAT. 377]]
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.--
[[Page 137 STAT. 378]]
(1) Authority. <<NOTE: Determination.>> --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. <<NOTE: 10 USC prec. 221.>> 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. <<NOTE: 10 USC 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.
[[Page 137 STAT. 379]]
``(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) <<NOTE: Assessment.>> An assessment of the
effect that providing funding for the priority would
have on the future-years defense plan.''.
SEC. 1004. <<NOTE: 10 USC 240d note.>> 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. <<NOTE: 10 USC 240a note.>> REQUIREMENT FOR
UNQUALIFIED OPINION ON DEPARTMENT OF
DEFENSE FINANCIAL STATEMENTS.
The <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 380]]
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. <<NOTE: Deadline.>> --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) <<NOTE: Coordination. Data.>> 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;
[[Page 137 STAT. 381]]
(E) leverage existing counterdrug and counter-
transnational organized crime programs of the Department
to counter fentanyl trafficking;
(F) <<NOTE: Assessment.>> 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) <<NOTE: Canada. Mexico.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: Deadline.>> --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) <<NOTE: 10 USC 284 note.>> 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;
[[Page 137 STAT. 382]]
(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. <<NOTE: 10 USC prec. 2201.>> 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. <<NOTE: 10 USC 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.
[[Page 137 STAT. 383]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: Submission.>> 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) <<NOTE: Contracts.>> 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
[[Page 137 STAT. 384]]
``(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''.
[[Page 137 STAT. 385]]
SEC. 1020. <<NOTE: 10 USC 8661 note.>> 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. <<NOTE: Time period.>> --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
[[Page 137 STAT. 386]]
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. <<NOTE: Deadline. Termination date.>> --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) <<NOTE: Overview.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 137 STAT. 387]]
M. Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263), <<NOTE: 136 Stat. 2769.>> 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), <<NOTE: 136
Stat. 2769.>> 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), <<NOTE: 136
Stat. 2769.>> 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), <<NOTE: 136 Stat.
2769.>> 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 <<NOTE: Effective date. Deadline.>> 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) <<NOTE: Plan.>> 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
[[Page 137 STAT. 388]]
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) <<NOTE: Review.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Timeline.>> 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, <<NOTE: 10 USC prec. 401.>> 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) <<NOTE: Waiver authority. Notice.>> 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) <<NOTE: Determination.>> 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--
[[Page 137 STAT. 389]]
``(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) <<NOTE: Time period.>> 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. <<NOTE: Deadline.>> --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) <<NOTE: 10 USC 2241 note.>> 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
[[Page 137 STAT. 390]]
``(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. <<NOTE: Determination.>> --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). <<NOTE: Notification.>> 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
[[Page 137 STAT. 391]]
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
[[Page 137 STAT. 392]]
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.
[[Page 137 STAT. 393]]
(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. <<NOTE: 10 USC note prec. 1561.>> 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. <<NOTE: Deadline. Regulations.>> --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) <<NOTE: Notification.>> 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.
[[Page 137 STAT. 394]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Cost projections. Time period.>>
Projections covering the period of 10 years following
the date of the report of--
(i) <<NOTE: Inventory.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Assessment.>> 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.
[[Page 137 STAT. 395]]
(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. <<NOTE: Deadline.>> --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. <<NOTE: 10 USC 2661 note.>> 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.
[[Page 137 STAT. 396]]
(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'';
[[Page 137 STAT. 397]]
(2) by striking the period at the end and inserting ``,
which shall include--''; and
(3) <<NOTE: Analyses.>> 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--
[[Page 137 STAT. 398]]
``(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) <<NOTE: 20 USC 1087e note.>> 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
[[Page 137 STAT. 399]]
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 <<NOTE: 10 USC prec.
4811.>> 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) <<NOTE: 10 USC 48110 note.>> 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:
[[Page 137 STAT. 400]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: Definition.>> 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''.
[[Page 137 STAT. 401]]
SEC. 1063. BRIEFING ON DEFENSE POW/MIA ACCOUNTING AGENCY
CAPABILITIES REQUIRED TO EXPAND
ACCOUNTING FOR PERSONS MISSING FROM
DESIGNATED PAST CONFLICTS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 1501 note.>> 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) <<NOTE: Effective date.>> Limitation.--The Secretary of the Air
Force may not reduce the total inventory of the Air Force of A-10
aircraft below 218
[[Page 137 STAT. 402]]
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. <<NOTE: Deadlines.>> INDEPENDENT STUDY ON NAVAL MINE
WARFARE.
(a) <<NOTE: Contracts.>> 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) <<NOTE: Summary.>> a summary of the research and other
activities carried out as part of the study; and
(2) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Records.>> 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. <<NOTE: Time periods.>> 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).
[[Page 137 STAT. 403]]
(c) <<NOTE: Assessments.>> 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) <<NOTE: Inventory.>> 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) <<NOTE: Inventory.>> An inventory of divestments of
capability or capacity, whether force structure or equipment,
starting in fiscal year 2020, including--
(A) <<NOTE: Timeline.>> 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) <<NOTE: Inventory.>> 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
[[Page 137 STAT. 404]]
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) <<NOTE: Termination date.>> 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
[[Page 137 STAT. 405]]
(2) submit to the congressional defense committees a final
report on such study.
SEC. 1068. <<NOTE: Deadlines.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Review.>> 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) <<NOTE: Recommenda- tions.>> Recommendations for
improved cooperation with local communities and relevant
Federal, State, and local law enforcement agencies in addressing
trafficking in persons.
[[Page 137 STAT. 406]]
(4) <<NOTE: Review.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Reviews. Assessments.>> 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
[[Page 137 STAT. 407]]
(6) <<NOTE: Evaluation. Time periods.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Deadline. Time period.>> 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:
[[Page 137 STAT. 408]]
(A) A detailed description of the homeland defense
policy guidance.
(B) The assumptions used in the drafting of such
guidance.
(C) <<NOTE: Guidance. Timeline.>> If such guidance
has not been completed, an explanation of the reasons
for the lack of completion and a timeline for
completion.
(2) <<NOTE: Foreign countries. Updates. Determinations.>>
All briefings.--Each briefing required under subsection (a)
shall include each of the following:
(A) <<NOTE: Summary.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Analysis. Russia. China. Assessment.>> 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
[[Page 137 STAT. 409]]
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) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Review.>> 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) <<NOTE: Proposals. Timeline. Budget estimate.>>
Proposals to enhance training range capabilities and mitigate
any shortfalls or encroachment, including Department
[[Page 137 STAT. 410]]
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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 993 note.>> SPECIAL OPERATIONS FORCE
STRUCTURE.
(a) <<NOTE: Assessments.>> 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) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 411]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Deadline. Contracts. Review. Analysis.>> 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.
[[Page 137 STAT. 412]]
(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) <<NOTE: Inventory.>> 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.
[[Page 137 STAT. 413]]
(E) Movement and Maneuver.
(F) Protection.
(G) Sustainment.
(14) <<NOTE: Inventory.>> An inventory of divestments of
capability or capacity, whether force structure or equipment,
starting in fiscal year 2020, including--
(A) <<NOTE: Timeline.>> 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. <<NOTE: Time periods.>> ASSESSMENT AND RECOMMENDATIONS
RELATING TO INFRASTRUCTURE, CAPACITY,
RESOURCES, AND PERSONNEL ON GUAM.
(a) <<NOTE: Time period.>> 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) <<NOTE: Appraisal.>> 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) <<NOTE: Plan. Timeline.>> 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
[[Page 137 STAT. 414]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 137 STAT. 415]]
entities within the United States Government other than the
United States Northern Command.
(9) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Definition.>> 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--
[[Page 137 STAT. 416]]
``(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. <<NOTE: 50 USC 4535.>> REPORTS ON EXERCISE OF
AUTHORITIES.
``(a) In General. <<NOTE: President. Briefing.>> --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) <<NOTE: Certification.>> a certification that
business concerns in the United States or Canada were
not available with respect to the action; and
``(B) <<NOTE: Analysis.>> 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--
[[Page 137 STAT. 417]]
(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) <<NOTE: 10 USC 2642 note.>> 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
[[Page 137 STAT. 418]]
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. <<NOTE: 10 USC 2661 note.>> 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. <<NOTE: Deadlines.>> 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.
[[Page 137 STAT. 419]]
SEC. 1086. <<NOTE: Deadlines. 32 USC 901 note.>> 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. <<NOTE: 10 USC 113 note.>> 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. <<NOTE: Deadlines. 10 USC 113 note.>> 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) <<NOTE: Timelines.>> 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
[[Page 137 STAT. 420]]
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) <<NOTE: Time period. Update.>> 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. <<NOTE: 50 USC 1527 note.>> NOTIFICATION OF SAFETY AND
SECURITY CONCERNS AT CERTAIN DEPARTMENT
OF DEFENSE LABORATORIES.
(a) <<NOTE: Deadline.>> 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. <<NOTE: 15 USC 313 note.>> 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
[[Page 137 STAT. 421]]
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) <<NOTE: Data.>> 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) <<NOTE: Reviews. Time period.>> 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
[[Page 137 STAT. 422]]
(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) <<NOTE: Definition.>> 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.
[[Page 137 STAT. 423]]
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) <<NOTE: Time period.>> 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) <<NOTE: Strategies.>> strategies for
communicating and engaging with stakeholders on the Red
Hill Incident;
(B) the number of impacted and potentially impacted
individuals;
(C) <<NOTE: Data.>> measures and frequency of
follow-up to collect data and specimens related to
exposure, health, and developmental milestones as
appropriate; and
(D) <<NOTE: Summary. Analyses.>> 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) <<NOTE: Deadlines.>> Red Hill Epidemiological Health Outcomes
Study.--
(1) Contracts.--The Secretary may contract with independent
research institutes or consultants, nonprofit or public
[[Page 137 STAT. 424]]
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. <<NOTE: Determination.>> --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) <<NOTE: Strategy.>> 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) <<NOTE: Data.>> 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) <<NOTE: Determination.>> 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:
[[Page 137 STAT. 425]]
(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.
[[Page 137 STAT. 426]]
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. <<NOTE: 10 USC note prec. 1580.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC note prec. 8101.>> 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.
[[Page 137 STAT. 427]]
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), <<NOTE: 136 Stat. 2816.>> 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,''.
[[Page 137 STAT. 428]]
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), <<NOTE: 136
Stat. 2816.>> 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) <<NOTE: Applicability. Time period.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 429]]
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) <<NOTE: Analysis.>> Relevant statistical
analysis on personnel position fill rates against
validated requirements.
(D) <<NOTE: Analysis.>> 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) <<NOTE: Plan.>> Plan to update rank, grades,
and position descriptions to meet current and future
requirements, tasks, and functions.
(F) <<NOTE: Recommenda- tions.>> 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--
[[Page 137 STAT. 430]]
(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
[[Page 137 STAT. 431]]
(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.
[[Page 137 STAT. 432]]
``(2) <<NOTE: Web posting.>> 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) <<NOTE: 29 USC 2611 note.>> 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) <<NOTE: Deadline. 38 USC 7425 note.>> 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.
[[Page 137 STAT. 433]]
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 <<NOTE: 10 USC prec. 9371.>> 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) <<NOTE: Assessments.>> 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
[[Page 137 STAT. 434]]
United States a report on the use of the authority provided in
this section. The report shall include the following:
``(A) <<NOTE: Time period.>> The number and type of
appointments made under this section between August 13,
2018, and the date of the report.
``(B) <<NOTE: Data.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Definition.>> 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, <<NOTE: 5
USC prec. 3301.>> 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) <<NOTE: 5 USC 3330d note.>> 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
[[Page 137 STAT. 435]]
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) <<NOTE: Requirement.>> 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) <<NOTE: 5 USC 3330d note.>> 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.
[[Page 137 STAT. 436]]
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.
[[Page 137 STAT. 437]]
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. <<NOTE: 10 USC 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
[[Page 137 STAT. 438]]
``(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) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 439]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Plan.>> 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
[[Page 137 STAT. 440]]
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) <<NOTE: Summary.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Overview.>> Elements.--Each briefing required
by paragraph (1) shall include the following:
``(A) <<NOTE: Update.>> 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.
[[Page 137 STAT. 441]]
``(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 <<NOTE: 10 USC 121 prec.>> 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 <<NOTE: 131 Stat. 1639.>> 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
[[Page 137 STAT. 442]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Determination.>> A determination as
to whether the anticipated costs to be incurred under
the agreement are fair and reasonable.
``(E) <<NOTE: Certification.>> 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
[[Page 137 STAT. 443]]
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.
[[Page 137 STAT. 444]]
``(ii) Providing training requirements
specified at the requisite proficiency levels for
each position.
``(C) <<NOTE: Determination.>> 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) <<NOTE: List.>> 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. <<NOTE: Regulations.>> --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) <<NOTE: Requirements.>> Establish
requirements for training and professional development
associated with each level of certification provided for
under subparagraph (C).
[[Page 137 STAT. 445]]
``(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) <<NOTE: Assessment.>> 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.--
[[Page 137 STAT. 446]]
``(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
[[Page 137 STAT. 447]]
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
[[Page 137 STAT. 448]]
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) <<NOTE: Analysis.>> an analysis of the
effectiveness of the actions taken by the Secretary to
carry out the requirements of this section; and
``(B) <<NOTE: Recommenda- tions.>> 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
[[Page 137 STAT. 449]]
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) <<NOTE: 10 USC 332
note.>> 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. <<NOTE: 10 USC 346 note.>> AUTHORITY TO PROVIDE
MISSION TRAINING THROUGH DISTRIBUTED
SIMULATION.
(a) <<NOTE: Effective date.>> 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) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 450]]
(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) <<NOTE: Recommenda-tion.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Time period.>> occur not fewer than two times
in a calendar year;
(2) <<NOTE: Israel.>> 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
[[Page 137 STAT. 451]]
(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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 452]]
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;
[[Page 137 STAT. 453]]
``(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) <<NOTE: 10 USC 121 prec.>> 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
[[Page 137 STAT. 454]]
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) <<NOTE: Requirements.>> 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) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Disclosure.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Assessments. Data.>> 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) <<NOTE: Evaluation.>> 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
[[Page 137 STAT. 455]]
``(C) <<NOTE: Analysis.>> 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) <<NOTE: 10 USC 4001 note.>> 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.''.
[[Page 137 STAT. 456]]
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 <<NOTE: Time period. Effective date.>> 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. <<NOTE: 10 USC note prec. 2001. Reviews.>> PROTECTION
AND LEGAL PREPAREDNESS FOR MEMBERS OF
THE ARMED FORCES ABROAD.
(a) Review and Briefing Required.--
(1) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 457]]
(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. <<NOTE: 50 USC 1543a.>> REPORT ON HOSTILITIES
INVOLVING UNITED STATES ARMED FORCES.
(a) <<NOTE: President.>> 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
[[Page 137 STAT. 458]]
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. <<NOTE: Deadline. 22 USC 2656.>> 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) <<NOTE: 136 Stat. 2844>>
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)--
[[Page 137 STAT. 459]]
(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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 460]]
(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) <<NOTE: 136
Stat. 2847.>> 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) <<NOTE: Contracts.>> 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
[[Page 137 STAT. 461]]
to the Russian Federation's full-scale invasion of Ukraine in
2022 and throughout the conflict.
(2) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Certification.>> 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--
[[Page 137 STAT. 462]]
(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. <<NOTE: President.>> 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.
[[Page 137 STAT. 463]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> Assessments of potential
food security solutions, including sustainable, long-
term arrangements.
(3) <<NOTE: Plans.>> 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) <<NOTE: Deadlines.>> 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
[[Page 137 STAT. 464]]
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. <<NOTE: 10 USC 113 note.>> 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. <<NOTE: 22 USC 1928f.>> 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,
[[Page 137 STAT. 465]]
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) <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: 5 USC 419 note.>> Special Inspector General for
Operation Atlantic Resolve.--
(1) <<NOTE: President.>> 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) <<NOTE: Deadline.>> Briefings.--Upon request by the Chair or
Ranking Member of an appropriate committee of Congress, not later than
30 days
[[Page 137 STAT. 466]]
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. <<NOTE: Deadlines. Web posting. Public information.>> --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) <<NOTE: Summary. Time period.>> 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) <<NOTE: Web posting. Public information.>>
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
[[Page 137 STAT. 467]]
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. <<NOTE: Reports.>> 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''.
[[Page 137 STAT. 468]]
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) <<NOTE: Deadline. Assessment.>> 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) <<NOTE: Spending plan.>> 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) <<NOTE: Time period.>> 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.--
[[Page 137 STAT. 469]]
(1) <<NOTE: Deadlines. Assessment. Terrorism.>> 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
[[Page 137 STAT. 470]]
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. <<NOTE: Deadlines.>> 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--
[[Page 137 STAT. 471]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Estimated date.>> 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) <<NOTE: Time period.>> 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.
[[Page 137 STAT. 472]]
(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. <<NOTE: President. 22 USC 2321h note.>> RULES
GOVERNING TRANSFER OF AERIAL REFUELING
TANKERS TO ISRAEL.
(a) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination. Deadline.>> 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).
[[Page 137 STAT. 473]]
(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) <<NOTE: Deadline.>> 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).
[[Page 137 STAT. 474]]
(2) Matters to be included.--The strategy required by
paragraph (1) shall include the following:
(A) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda-tion.>> Recommendations for
improvements in the implementation of such strategy
based on such metrics.
[[Page 137 STAT. 475]]
(M) <<NOTE: Assessment.>> 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) <<NOTE: Cost estimate.>> 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--
[[Page 137 STAT. 476]]
(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) <<NOTE: President.>> 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
[[Page 137 STAT. 477]]
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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 478]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> a plan to improve, in such
camps--
(i) security conditions, including by training
of personnel and through construction; and
(ii) humanitarian conditions;
(D) <<NOTE: Framework.>> 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.
[[Page 137 STAT. 479]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Analysis.>> 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.
[[Page 137 STAT. 480]]
(G) <<NOTE: Analysis.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Waivers. President. Notifications.>>
Authority of secretary of defense.--
[[Page 137 STAT. 481]]
``(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) <<NOTE: Applicability. Time period. Effective
date.>> 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:
[[Page 137 STAT. 482]]
``(B) <<NOTE: Waiver. President. Notification.>>
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) <<NOTE: Applicability. Time
period. Effective date.>> 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''.
[[Page 137 STAT. 483]]
SEC. 1266. <<NOTE: 10 USC 113 note. Deadlines.>> 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. <<NOTE: 10 USC 2241 note.>> 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.
[[Page 137 STAT. 484]]
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) <<NOTE: 10 USC 113 note.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Assessments.>> 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)--
[[Page 137 STAT. 485]]
(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
[[Page 137 STAT. 486]]
(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) <<NOTE: Saraya Khorasani. Kata'ib al-Imam Ali.>> the
Badr organization, Saraya Khorasani, or Kata'ib al-Imam Ali.
SEC. 1271. <<NOTE: 10 USC 2241 note.>> 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) <<NOTE: Waiver. Classified information.>> 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.
[[Page 137 STAT. 487]]
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--
[[Page 137 STAT. 488]]
(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
[[Page 137 STAT. 489]]
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. <<NOTE: 10 USC 333 note.>> 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;
[[Page 137 STAT. 490]]
(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) <<NOTE: Summaries.>> summarizes the campaigning
activities conducted in the Indo-Pacific region during
fiscal year 2024; and
(B) includes--
(i) <<NOTE: Assessment.>> 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) <<NOTE: Plans.>> 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. <<NOTE: 10 USC 333 note.>> 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,
[[Page 137 STAT. 491]]
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) <<NOTE: Deadline. Analysis.>> 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) <<NOTE: Analysis.>> Elements.--The study required by
paragraph (1) shall, at a minimum, include the following:
(A) <<NOTE: List.>> A list of existing Foreign
Military Sales cases for Harpoon missiles to foreign
security partners.
(B) <<NOTE: Timeline.>> The current timeline for
the delivery of Harpoon missiles under each of the
Foreign Military Sales cases identified under
subparagraph (A).
(C) <<NOTE: Timeline.>> 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;
[[Page 137 STAT. 492]]
(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) <<NOTE: Deadline. Taiwan.>> 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) <<NOTE: List.>> 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) <<NOTE: Estimate.>> 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.).
[[Page 137 STAT. 493]]
(F) Any other authority available to the Secretary
of Defense or the Secretary of State.
SEC. 1307. <<NOTE: 22 USC 3351 note.>> 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
[[Page 137 STAT. 494]]
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) <<NOTE: 22 USC 3357b.>> 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:
[[Page 137 STAT. 495]]
``(15) <<NOTE: Update.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Determination.>> 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.
[[Page 137 STAT. 496]]
SEC. 1313. STUDIES ON DEFENSE BUDGET TRANSPARENCY OF THE PEOPLE'S
REPUBLIC OF CHINA AND THE UNITED STATES.
(a) <<NOTE: Deadlines.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Estimate.>> 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.
[[Page 137 STAT. 497]]
(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.
[[Page 137 STAT. 498]]
``(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. <<NOTE: 10 USC 333 note.>> 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.
[[Page 137 STAT. 499]]
(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) <<NOTE: Analysis.>> 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
[[Page 137 STAT. 500]]
(2) <<NOTE: Assessment.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Contracts.>> 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.
[[Page 137 STAT. 501]]
(B) Elements.--The report required by subparagraph
(A) shall include the following:
(i) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Records.>> 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. <<NOTE: 22 USC 10401.>> 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.
[[Page 137 STAT. 502]]
(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. <<NOTE: 22 USC 10411.>> 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
[[Page 137 STAT. 503]]
(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) <<NOTE: Deadlines.>> 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
[[Page 137 STAT. 504]]
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) <<NOTE: Time periods.>> 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;
[[Page 137 STAT. 505]]
(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) <<NOTE: Assessment. Time period.>> 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) <<NOTE: Time period. Effective date. Notification.>>
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. <<NOTE: 22 USC 10412.>> DESIGNATION OF SENIOR OFFICIAL
FOR DEPARTMENT OF DEFENSE ACTIVITIES
RELATING TO, AND IMPLEMENTATION PLAN
FOR, THE AUKUS PARTNERSHIP.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Timelines.>> 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--
[[Page 137 STAT. 506]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>>
recommendations for modifications to foreign
disclosure policies and processes;
(ii) <<NOTE: Guidelines.>> 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) <<NOTE: Intellectual property. Patents.>>
Processes for the protection of privately held
intellectual property, including patents.
(G) <<NOTE: Recommenda- tions.>> Recommended
updates to other title 10, United States Code,
authorities or regulatory, policy, or process
frameworks.
(c) <<NOTE: Deadlines. Termination date. Briefing.>> 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. <<NOTE: 22 USC 10413.>> REPORTING RELATED TO THE AUKUS
PARTNERSHIP.
(a) Report on Instruments.--
(1) <<NOTE: Submission.>> 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
[[Page 137 STAT. 507]]
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.
[[Page 137 STAT. 508]]
(v) <<NOTE: Assessment.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Assessments.>> 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.
[[Page 137 STAT. 509]]
PART 2--STREAMLINING AND PROTECTING TRANSFERS OF UNITED STATES MILITARY
TECHNOLOGY FROM COMPROMISE
SEC. 1341. <<NOTE: 22 USC 10421.>> PRIORITY FOR AUSTRALIA AND THE
UNITED KINGDOM IN FOREIGN MILITARY SALES
AND DIRECT COMMERCIAL SALES.
(a) <<NOTE: President. Procedures.>> 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) <<NOTE: Review.>> Expedited decision-making.--Review of
a transfer under the policy established under paragraph (1)
shall be subject to an expedited decision-making process.
(c) <<NOTE: Review. Update.>> 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. <<NOTE: 22 USC 10422.>> 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) <<NOTE: Time period. President. Reports. List.>> 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.
[[Page 137 STAT. 510]]
(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) <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Applicability.>> 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
[[Page 137 STAT. 511]]
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) <<NOTE: Reports.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 512]]
``(ii) the Ministry of Defense, the Ministry
of Foreign Affairs, or other similar authority
within those countries.
``(5) Temporary suspension of exemption.--
``(A) <<NOTE: Determination. Certification.>> 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.--
[[Page 137 STAT. 513]]
``(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) <<NOTE: 22 USC 2778 note.>> 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. <<NOTE: 22 USC 10423.>> EXPEDITED REVIEW OF EXPORT
LICENSES FOR EXPORTS OF ADVANCED
TECHNOLOGIES TO AUSTRALIA, THE UNITED
KINGDOM, AND CANADA.
(a) <<NOTE: Deadline. Regulations.>> 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) <<NOTE: Deadlines.>> Availability of Expedited Process.--The
expedited decision-making process described in subsection (a) shall be
available
[[Page 137 STAT. 514]]
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) <<NOTE: 22 USC 2778 note.>> 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 <<NOTE: AUKUS Submarine Transfer Authorization Act.>> --AUKUS
SUBMARINE TRANSFER AUTHORIZATION ACT
SEC. 1351. <<NOTE: 22 USC 10401 note.>> SHORT TITLE.
This part may be cited as the ``AUKUS Submarine Transfer
Authorization Act''.
SEC. 1352. <<NOTE: 22 USC 10431 note. President.>> AUTHORIZATION
OF SALES OF VIRGINIA CLASS SUBMARINES TO
AUSTRALIA.
(a) <<NOTE: Effective date. Time period.>> 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
[[Page 137 STAT. 515]]
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) <<NOTE: Deadline.>> 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,
[[Page 137 STAT. 516]]
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.
[[Page 137 STAT. 517]]
(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) <<NOTE: Determination.>> 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.
[[Page 137 STAT. 518]]
``(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) <<NOTE: Deadline. Certification. Brief.>> 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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 519]]
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) <<NOTE: Contracts. Time period.>> 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) <<NOTE: List.>> 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) <<NOTE: Classified information.>> Form.--The report
required by this subsection shall be submitted in classified
form.
SEC. 1353. <<NOTE: 22 USC 10432 note. President.>> 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
[[Page 137 STAT. 520]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Notification. Cost estimate. Time
periods. Records.>> 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. <<NOTE: Determination.>> --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
[[Page 137 STAT. 521]]
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.
[[Page 137 STAT. 522]]
SEC. 1354. <<NOTE: 22 USC 10433.>> 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.
[[Page 137 STAT. 523]]
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) <<NOTE: Brief.>> 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--
[[Page 137 STAT. 524]]
``(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) <<NOTE: Plan.>> the plan of the Stockpile Manager
for using such practices.
``(C) <<NOTE: Summaries.>> 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) <<NOTE: Termination date.>> 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. <<NOTE: Recommenda- tions.>> 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--
[[Page 137 STAT. 525]]
(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) <<NOTE: Financial statement.>> 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) <<NOTE: Time periods. Plan.>> 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) <<NOTE: Proposed expenditures. Plan.>> 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) <<NOTE: Summary.>> a summary of the
implementation and findings of the pilot program
established under section 6(g)(1), including--
[[Page 137 STAT. 526]]
``(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) <<NOTE: Time period.>> Extended contracting
authority.--
[[Page 137 STAT. 527]]
``(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. <<NOTE: Determination. President.>> --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
[[Page 137 STAT. 528]]
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. <<NOTE: 50 USC 98d note.>> 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. <<NOTE: 10 USC 4811 note.>> CRITICAL MINERAL
INDEPENDENCE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
[[Page 137 STAT. 529]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> identify and
recommend changes to the acquisition laws, regulations,
and policies of the Department of Defense to ensure
contractors and subcontractors of the Department
[[Page 137 STAT. 530]]
use supply chains involving critical minerals that are
not mined or processed in or by covered countries to the
greatest extent practicable;
(C) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 24 USC 411 note.>> 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. <<NOTE: Payment. Determination.>> 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) <<NOTE: Determination.>> 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.--
[[Page 137 STAT. 531]]
(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.
[[Page 137 STAT. 532]]
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.
[[Page 137 STAT. 533]]
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) <<NOTE: 10 USC prec. 391.>> 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, <<NOTE: 10 USC prec. 391.>> is amended by inserting after
section 391a the following new section:
``Sec. 391b. <<NOTE: 10 USC 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) <<NOTE: Designation.>> 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
[[Page 137 STAT. 534]]
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.
[[Page 137 STAT. 535]]
``(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) <<NOTE: Coordination.>> 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:
[[Page 137 STAT. 536]]
``(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) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Assessments.>> 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.
[[Page 137 STAT. 537]]
``(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. <<NOTE: 10 USC 2224 note.>> 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
[[Page 137 STAT. 538]]
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 <<NOTE: 10 USC 2224 note.>> 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) <<NOTE: Plan.>> 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) <<NOTE: 133 Stat. 1750.>> 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--
[[Page 137 STAT. 539]]
(1) by amending subsection (a) to read as follows:
``(a) Quarterly Briefings.--
``(1) <<NOTE: Time period.>> 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) <<NOTE: Summary.>> 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. <<NOTE: Drugs and drug abuse. Firearms. 10 USC 394
note.>> 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
[[Page 137 STAT. 540]]
Administration, that are engaged in any of the activities described in
such paragraph.
SEC. 1506. <<NOTE: 10 USC 167b note.>> DEVELOPMENT OF CYBER
SUPPORT MECHANISMS FOR GEOGRAPHIC
COMBATANT COMMANDS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Processes.>> Processes to enhance the cyber
capabilities of such combatant command.
(2) <<NOTE: Plans.>> Plans to develop and maintain a
sufficient cyber planning capacity in such combatant command.
(3) <<NOTE: Processes.>> 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) <<NOTE: Plans.>> Specific plans to assist in the
defense of friendly foreign countries.
SEC. 1507. <<NOTE: Deadlines. 10 USC 2224 note.>> 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) <<NOTE: Timelines.>> 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
[[Page 137 STAT. 541]]
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) <<NOTE: Updates. Standards.>> 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) <<NOTE: Regulations. Guidance.>> 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) <<NOTE: Termination date. Updates.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Deadline. Designation.>> 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)--
[[Page 137 STAT. 542]]
(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. <<NOTE: 10 USC 499 note.>> CYBERSECURITY ENHANCEMENTS
FOR NUCLEAR COMMAND, CONTROL, AND
COMMUNICATIONS NETWORK.
(a) Establishment of Cross-functional Team.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Designation.>> 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) <<NOTE: Deadline.>> Required Construct, Plan of Action, and
Milestones.--Not later than one year after the date of the enactment of
this
[[Page 137 STAT. 543]]
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) <<NOTE: Time periods.>> 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. <<NOTE: 10 USC note prec. 3241.>> PILOT PROGRAM
RELATING TO SEMICONDUCTOR SUPPLY CHAIN
AND CYBERSECURITY COLLABORATION CENTER.
(a) <<NOTE: Deadline. Contracts.>> 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.
[[Page 137 STAT. 544]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Recommenda-
tions.>> 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) <<NOTE: Recommenda-
tions.>> 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.
[[Page 137 STAT. 545]]
(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. <<NOTE: 10 USC 2224 note.>> 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) <<NOTE: Deadline. Determination.>> 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) <<NOTE: Timelines.>> 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.
[[Page 137 STAT. 546]]
SEC. 1515. <<NOTE: Deadlines. 10 USC 2224 note.>> 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) <<NOTE: Surveys.>> 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) <<NOTE: Summary.>> 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. <<NOTE: Deadlines. 10 USC 2224 note.>> 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
[[Page 137 STAT. 547]]
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) <<NOTE: Determination.>> 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) <<NOTE: Implementation plan.>> 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
[[Page 137 STAT. 548]]
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. <<NOTE: 10 USC 2224 note.>> PILOT PROGRAM ON ASSURING
CRITICAL INFRASTRUCTURE SUPPORT FOR
MILITARY CONTINGENCIES.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Assessment.>> 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
[[Page 137 STAT. 549]]
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. <<NOTE: Deadlines. 22 USC 3351 note.>> 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
[[Page 137 STAT. 550]]
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) <<NOTE: Overview.>> 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. <<NOTE: 10 USC note prec. 2661.>> GUIDANCE REGARDING
SECURING LABORATORIES OF THE ARMED
FORCES.
(a) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 551]]
(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 <<NOTE: 10 USC 4001 note.>> 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
[[Page 137 STAT. 552]]
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) <<NOTE: Time period.>> 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.
[[Page 137 STAT. 553]]
``(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. <<NOTE: 10 USC 394 note.>> 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
[[Page 137 STAT. 554]]
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) <<NOTE: Designation.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Deadlines. 10 USC note prec. 2001.>> 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.
[[Page 137 STAT. 555]]
(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) <<NOTE: Implementation plan.>> 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) <<NOTE: List.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Process.>> establish a process for
using industry open technical standards to verify the
digital content provenance of applicable Department
media content;
[[Page 137 STAT. 556]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: Deadlines. 10 USC 2222 note.>> 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.--
[[Page 137 STAT. 557]]
(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. <<NOTE: 10 USC 4571 note.>> REQUIREMENTS FOR
DEPLOYMENT OF FIFTH GENERATION
INFORMATION AND COMMUNICATIONS
CAPABILITIES TO MILITARY INSTALLATIONS
AND OTHER DEPARTMENT FACILITIES.
(a) <<NOTE: Deadlines.>> Requirements.--
[[Page 137 STAT. 558]]
(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.
[[Page 137 STAT. 559]]
(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. <<NOTE: 10 USC 2223 note.>> 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) <<NOTE: Designation.>> 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 <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> Information to Congress.--Not later than
June 1, 2024, the Secretary of Defense shall--
(1) <<NOTE: Briefing.>> 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
[[Page 137 STAT. 560]]
(2) submit to the appropriate congressional committees--
(A) <<NOTE: Timeline.>> an estimated timeline for
the implementations of datalinks;
(B) <<NOTE: List.>> a list of any additional
resources and authorities necessary to implement the
strategy; and
(C) <<NOTE: Determination.>> 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 <<NOTE: 10 USC prec. 2191.>> amended by inserting after section
2192b the following new section:
``Sec. 2192c. <<NOTE: 10 USC 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.
[[Page 137 STAT. 561]]
``(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
[[Page 137 STAT. 562]]
educational programs in cyber-related matters (and unless otherwise
specified in such provision)--
``(1) <<NOTE: Contracts.>> 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) <<NOTE: Grants.>> 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) <<NOTE: 10 USC 2192c note.>> 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
[[Page 137 STAT. 563]]
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 <<NOTE: Determination. Time period.>> 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)'';
[[Page 137 STAT. 564]]
(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) <<NOTE: Definition. Determinations.>> 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) <<NOTE: President.>> 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).''.
[[Page 137 STAT. 565]]
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) <<NOTE: Contracts.>> 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) <<NOTE: Reimbursement.>> 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 <<NOTE: Certification.>> 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:
[[Page 137 STAT. 566]]
``(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) <<NOTE: Determination. Notification.>> 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. <<NOTE: Deadlines. 10 USC 167b note.>> 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) <<NOTE: Guidance.>> 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) <<NOTE: Compliance.>> 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
[[Page 137 STAT. 567]]
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) <<NOTE: Briefing.>> 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. <<NOTE: 10 USC note prec. 7371.>> 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--
[[Page 137 STAT. 568]]
(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) <<NOTE: Briefing.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Time period.>> 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--
[[Page 137 STAT. 569]]
(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) <<NOTE: Notification.>> 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) <<NOTE: Deadline. Evaluations.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 137 STAT. 570]]
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) <<NOTE: Evaluation.>> an evaluation of the
eligibility requirements for the pilot program.
(6) <<NOTE: Deadline.>> 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) <<NOTE: Study.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 2224 note.>> 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) <<NOTE: Reports.>> submits to the Under Secretary of
Defense for Intelligence and Security, the Chief Information
Officer of the
[[Page 137 STAT. 571]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Inventory.>> An inventory of the resources and
programs available to personnel assigned to the Cyber Mission
Force, disaggregated by Armed Force and location.
(2) <<NOTE: Assessment.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Reports.>> 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
[[Page 137 STAT. 572]]
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) <<NOTE: Deadlines.>> 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
[[Page 137 STAT. 573]]
``(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. <<NOTE: Deadlines. 10 USC 4001 note.>> 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) <<NOTE: Plans.>> 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. <<NOTE: 10 USC 4025 note.>> PRIZE COMPETITION FOR
TECHNOLOGY THAT DETECTS AND WATERMARKS
USE OF GENERATIVE ARTIFICIAL
INTELLIGENCE.
(a) <<NOTE: Deadline. Evaluation.>> 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
[[Page 137 STAT. 574]]
(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) <<NOTE: Deadline. Briefing.>> 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. <<NOTE: 10 USC 4001 note.>> 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) <<NOTE: Procedures. Timelines. Review. Assessment.>> establis
h 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;
[[Page 137 STAT. 575]]
(2) <<NOTE: Guidance.>> 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) <<NOTE: Guidance.>> issue Department-wide guidance
regarding methods to monitor accountability for artificial
intelligence-related activity, including artificial intelligence
performance indicators and metrics;
(4) <<NOTE: Policy.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Timeline. Guidance.>> 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) <<NOTE: Data.>> 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;
[[Page 137 STAT. 576]]
(12) <<NOTE: Policy.>> 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) <<NOTE: Guidance. Directives.>> 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) <<NOTE: Guidance.>> 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) <<NOTE: Assessment. Compliance.>> 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) <<NOTE: Reports. Determination. Compliance.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: China. Russia.>> 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;
[[Page 137 STAT. 577]]
(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) <<NOTE: Deadline. Assessment.>> 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) <<NOTE: Assessments.>> 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
[[Page 137 STAT. 578]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Analysis. Evaluation.>> A business case analysis
that evaluates options for modernizing or replacing the Defense
Travel System, including--
[[Page 137 STAT. 579]]
(A) <<NOTE: Assessment.>> an assessment of the
upgradability of the code base for the Defense Travel
System before such code base reaches a point of
unsustainability;
(B) <<NOTE: Assessment.>> 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) <<NOTE: Cost estimate.>> estimated costs for
any activity associated with the strategy.
(2) <<NOTE: Plan. Timelines.>> 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) <<NOTE: Certification.>> 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. <<NOTE: 10 USC 2224 note.>> MANAGEMENT BY DEPARTMENT OF
DEFENSE OF MOBILE APPLICATIONS.
(a) Implementation of Recommendations.--
(1) <<NOTE: Evaluation.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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--
[[Page 137 STAT. 580]]
(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) <<NOTE: Analyses.>> 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) <<NOTE: Plans.>> 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--
[[Page 137 STAT. 581]]
(1) <<NOTE: Timeline.>> 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. <<NOTE: 10 USC 503 note.>> 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) <<NOTE: NewsGuard Technologies Inc.>> NewsGuard
Technologies Inc.;
(B) the Global Disinformation Index, incorporated in
the United Kingdom as ``Disinformation Index
LTD''; <<NOTE: 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.
[[Page 137 STAT. 582]]
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.
[[Page 137 STAT. 583]]
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) <<NOTE: Definition.>> In this subsection, the term `launch
vehicle' has the meaning given such term in section 50902(11) of title
51.''.
(b) <<NOTE: Deadline. Assessments. 51 USC 20301 note.>> 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
[[Page 137 STAT. 584]]
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, <<NOTE: 10 USC prec.
2771.>> is amended by inserting after section 2275a the following new
section:
``Sec. 2275b. <<NOTE: 10 USC 2275b.>> Requirements for
appropriate classification guidance.
``(a) <<NOTE: Determinations.>> 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) <<NOTE: Certification.>> if such guidance is
determined to be appropriate, submit to the congressional
defense committees a certification of such determination; or
``(2) <<NOTE: Updates.>> 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 <<NOTE: 10 USC prec. 2271.>> 135 of title 10, United States
Code, is amended by inserting after section 2276 the following new
section:
``Sec. 2276a. <<NOTE: 10 USC 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) <<NOTE: Reimbursement.>> 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
[[Page 137 STAT. 585]]
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. <<NOTE: Determination.>> 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 <<NOTE: Time periods.>> 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) <<NOTE: Deadline. Briefing. Costs. Reimbursement.>> 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.''.
[[Page 137 STAT. 586]]
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) <<NOTE: Appointment.>> 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. <<NOTE: Time
period.>> 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) <<NOTE: 10 USC 2271 note.>> 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. <<NOTE: Reports.>> 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. <<NOTE: 10 USC 9081 note.>> 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. <<NOTE: Deadlines.>> 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) <<NOTE: Designation.>> 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
[[Page 137 STAT. 587]]
(B) <<NOTE: Notification.>> 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) <<NOTE: Termination.>> terminate the Advanced
Tracking and Launch Analysis System program;
(B) <<NOTE: Designation.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Contracts. Time periods. Assessment.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Assessment.>> an assessment of any
deficiency identified in the review; and
(B) <<NOTE: Plan.>> a plan to address such
deficiency in a timely manner.
SEC. 1608. <<NOTE: Deadlines. 10 USC 2271 note.>> 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
[[Page 137 STAT. 588]]
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) <<NOTE: Determination.>> 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) <<NOTE: Notice.>> 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. <<NOTE: 10 USC 2274 note.>> 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) <<NOTE: Evaluation.>> establish a process to regularly
identify and evaluate commercial space situational awareness
capabilities, including
[[Page 137 STAT. 589]]
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. <<NOTE: 10 USC 2276 note.>> 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) <<NOTE: Evaluation.>> 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
[[Page 137 STAT. 590]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC note prec. 421.>> 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) <<NOTE: Time period.>> 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--
[[Page 137 STAT. 591]]
(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, <<NOTE: 10 USC prec.
221.>> is amended by adding at the end the following new section:
``Sec. 239e. <<NOTE: 10 USC 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) <<NOTE: Time period. Reports.>> 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) <<NOTE: Assessment.>> 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.
[[Page 137 STAT. 592]]
``(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) <<NOTE: Deadlines.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Notification.>> notify the
congressional defense committees that the
assessment has been submitted to the Chairman of
the Nuclear Weapons Council.
[[Page 137 STAT. 593]]
``(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) <<NOTE: 136 Stat. 2941.>> in subsection (b)(1), by
inserting ``, who shall report directly to the Commander of Air
Force Global Strike Command'' after ``Modernization''; and
(2) <<NOTE: 136 Stat. 2942.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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):
[[Page 137 STAT. 594]]
``(e) <<NOTE: Deadlines.>> 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) <<NOTE: Notification.>> 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) <<NOTE: 136 Stat. 2964.>> 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. <<NOTE: 10 USC note prec. 9531.>> 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)).
[[Page 137 STAT. 595]]
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) <<NOTE: Formal request.>> 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) <<NOTE: Designation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Time period.>> for the 180-day period
following the briefing--
(i) planned objectives for the program and
project; and
[[Page 137 STAT. 596]]
(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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 597]]
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. <<NOTE: State listing.>> 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) <<NOTE: Certification.>> 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. <<NOTE: Deadlines.>> 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);
[[Page 137 STAT. 598]]
(2) addresses the full scope of work required under the
sentinel missile program; and
(3) fully integrates contractor and government activities.
(c) <<NOTE: Termination date.>> 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) <<NOTE: Plan.>> a plan to prevent or minimize
the duration of such delay.
SEC. 1644. OPERATIONAL TIMELINE FOR STRATEGIC AUTOMATED COMMAND
AND CONTROL SYSTEM.
(a) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC note prec. 4421.>> PILOT PROGRAM ON
DEVELOPMENT OF REENTRY VEHICLES AND
RELATED SYSTEMS.
(a) <<NOTE: Assessment.>> 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.
[[Page 137 STAT. 599]]
(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.
[[Page 137 STAT. 600]]
(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. <<NOTE: Notification.>> 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. <<NOTE: 10 USC 495 note.>> CONGRESSIONAL NOTIFICATION
OF DECISION TO DELAY STRATEGIC DELIVERY
SYSTEM TEST EVENT.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Expenditure estimate.>> An estimate of
expenditures related to the cancelled test.
(D) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> 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.
[[Page 137 STAT. 601]]
SEC. 1649. <<NOTE: 10 USC 491 note.>> CONGRESSIONAL NOTIFICATION
OF NUCLEAR COOPERATION BETWEEN RUSSIA
AND CHINA.
If <<NOTE: Determination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment. Timelines.>> 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) <<NOTE: Evaluation. Timelines.>> 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) <<NOTE: Evaluation.>> An evaluation of courses of
actions to upload additional warheads to a portion of the
intercontinental ballistic missile force.
(6) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 602]]
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) <<NOTE: Deadline.>> 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) <<NOTE: State listing.>> 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) <<NOTE: Appointment.>> 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) <<NOTE: Time period.>> 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''.
[[Page 137 STAT. 603]]
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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 604]]
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) <<NOTE: Risk assessment.>> 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.
[[Page 137 STAT. 605]]
(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) <<NOTE: Certifications.>> 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) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 606]]
SEC. <<NOTE: Deadlines.>> 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.
[[Page 137 STAT. 607]]
(4) The Commander of the United States European Command.
SEC. 1667. <<NOTE: Deadline. 10 USC 205 note.>> 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) <<NOTE: Guam. Determination.>> 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
[[Page 137 STAT. 608]]
(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) <<NOTE: Time periods.>> 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.
[[Page 137 STAT. 609]]
(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) <<NOTE: Determination.>> 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--
[[Page 137 STAT. 610]]
(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) <<NOTE: Costs.>> 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) <<NOTE: Deadline. Contracts. Update.>> 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) <<NOTE: Cost estimate.>> estimated costs; and
(B) <<NOTE: Assessments.>> 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.
[[Page 137 STAT. 611]]
(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) <<NOTE: Records.>> 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-- <<NOTE: 10 USC prec. 500.>> 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. <<NOTE: 10 USC 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.
[[Page 137 STAT. 612]]
``(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;
[[Page 137 STAT. 613]]
``(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) <<NOTE: Designations.>> The principal members of the Executive
Committee shall designate representatives from their respective staffs
to the electromagnetic spectrum operations capability team.
``(i) <<NOTE: Establishment.>> 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) <<NOTE: Summary. Time period.>> 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. <<NOTE: 10 USC 501.>> Guidance on electromagnetic
spectrum operations mission area and joint
electromagnetic spectrum operations
``The Secretary of Defense shall--
[[Page 137 STAT. 614]]
``(1) <<NOTE: Processes. Procedures.>> 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. <<NOTE: 10 USC 502.>> Annual report on electromagnetic
spectrum operations strategy of the Department of
Defense
``(a) <<NOTE: Time periods.>> 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) <<NOTE: Overview.>> 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) <<NOTE: List.>> 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) <<NOTE: Schedule.>> the development or
procurement schedule for the program or project;
``(E) <<NOTE: Assessments.>> 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
[[Page 137 STAT. 615]]
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) <<NOTE: Classified information.>> 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. <<NOTE: 10 USC 503.>> Annual assessment of budget
with respect to electromagnetic spectrum
operations capabilities
``At <<NOTE: Time periods.>> 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. <<NOTE: 10 USC 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) <<NOTE: Time periods. Assessments.>> 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) <<NOTE: Statement.>> 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
[[Page 137 STAT. 616]]
implementation plan' means the Electromagnetic Superiority
Implementation Plan signed by the Secretary of Defense on July 15, 2021,
and any successor plan.
``Sec. 505. <<NOTE: 10 USC 505.>> Electromagnetic Spectrum
Enterprise Operational Lead for Joint
Electromagnetic Spectrum Operations
``(a) <<NOTE: Deadline. Establishment.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Deadlines. Time periods. Assessments. 10 USC
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) <<NOTE: Certification.>> 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
[[Page 137 STAT. 617]]
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) <<NOTE: Briefing.>> 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, <<NOTE: 10 USC prec. 101.>> 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.
[[Page 137 STAT. 618]]
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. <<NOTE: Time periods.>> --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. <<NOTE: 10 USC 2271 note.>> 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) <<NOTE: Deadlines.>> 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
[[Page 137 STAT. 619]]
(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) <<NOTE: List.>> 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) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 620]]
(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. <<NOTE: Requirements. 10 USC 2224 note.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Survey.>> 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
[[Page 137 STAT. 621]]
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) <<NOTE: Process.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Summary.>> 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.--
<<NOTE: 50 USC 3373 note.>> 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
[[Page 137 STAT. 622]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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 <<NOTE: Definition.>> ``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.
[[Page 137 STAT. 623]]
SEC. 1689. STUDY ON THE FUTURE OF THE INTEGRATED TACTICAL WARNING
ATTACK ASSESSMENT SYSTEM.
(a) <<NOTE: Contracts.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Assessment. Recommenda- tions.>> 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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Russia.>> 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.--
[[Page 137 STAT. 624]]
(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 <<NOTE: Space Force Personnel Management Act.>> --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. <<NOTE: 10 USC 101 note.>> 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:
[[Page 137 STAT. 625]]
``Subtitle F-- <<NOTE: 10 USC prec. 101, prec. 20001.>> Alternative
Military Personnel Systems
``PART I <<NOTE: 10 USC prec. 20001.>> --SPACE FORCE
``CHAPTER <<NOTE: 10 USC prec. 20001.>> 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. <<NOTE: 10 USC 20001.>> Single military personnel
management system
``Members of the Space Force shall be managed through a single
military personnel management system, without <<NOTE: 04 10 USC
20001.>> component.''.
10 USC
20001.
``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) <<NOTE: 10 USC 9081 note.>> 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
[[Page 137 STAT. 626]]
``(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. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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-- <<NOTE: 10 USC prec. 20101.>> STATUS AND PARTICIPATION
``Sec.
``20101. Members in Space Force active status: amount of annual training
or active duty service required.
[[Page 137 STAT. 627]]
``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. <<NOTE: Time periods. 10 USC prec.
20101, 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. <<NOTE: 10 USC prec. 20101, 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) <<NOTE: Time period.>> 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
[[Page 137 STAT. 628]]
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. <<NOTE: Contracts. 10 USC prec.
20101, 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. <<NOTE: Regulations.>> 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. <<NOTE: 10 USC prec. 20101, 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.
[[Page 137 STAT. 629]]
``(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. <<NOTE: 10 USC prec. 20101, 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. <<NOTE: Applicability. 10 USC prec.
20101, 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
[[Page 137 STAT. 630]]
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. <<NOTE: 10 USC prec. 20101, 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.
[[Page 137 STAT. 631]]
``(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. <<NOTE: 10 USC prec. 20101, 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. <<NOTE: 10 USC prec. 20101, 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, <<NOTE: 10 USC prec. 20201.>> is
further amended by adding at the end the following new chapter:
``CHAPTER 2005-- <<NOTE: 10 USC prec. 20201.>> OFFICERS
``SUBCHAPTER <<NOTE: 10 USC prec. 20201.>> I--ORIGINAL APPOINTMENTS
``Sec. 20201. <<NOTE: Determinations. 10 USC prec.
20201, 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.
[[Page 137 STAT. 632]]
``Sec. 20202. <<NOTE: Determinations. 10 USC prec.
20201, 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. <<NOTE: 10 USC prec. 20201, 20203.>> Original
appointments: service credit
``(a) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> 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
[[Page 137 STAT. 633]]
subsection (a) and shall be credited at the time of the original
appointment of the officer.
``(5) <<NOTE: Reports.>> 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) <<NOTE: Determinations.>> 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.-- <<NOTE: Applicability.>> 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.
[[Page 137 STAT. 634]]
(c) Selection Boards and Promotions.--Chapter 205 of title 10,
United States Code, as added by subsection (a), <<NOTE: 10 USC prec.
20201, prec. 20211, prec. 20231, prec. 20251, prec. 20261.>> is amended
by adding at the end the following new subchapters:
``SUBCHAPTER II-- <<NOTE: 10 USC prec. 20211.>> SELECTION BOARDS
``Sec. 20211. <<NOTE: 10 USC prec. 20211, 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. <<NOTE: 10 USC prec. 20211, 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.
[[Page 137 STAT. 635]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: Designation.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Waiver authority.>> The Secretary of Defense may waive
the requirement in paragraph (1) for any selection board of the Space
Force.
``Sec. 20213. <<NOTE: 10 USC prec. 20211, 20213.>> Notice of
convening of selection boards
``(a) <<NOTE: Time period.>> 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
[[Page 137 STAT. 636]]
``(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) <<NOTE: Deadline.>> 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. <<NOTE: Applicability. 10 USC prec. 20211, 20214.>>
Information furnished to selection boards
``The provisions of section 615 of this title shall apply to
information furnished to selection boards.
``Sec. 20215. <<NOTE: 10 USC prec. 20211, 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
[[Page 137 STAT. 637]]
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. <<NOTE: 10 USC prec. 20211, 20216.>> Reports of
selection boards
``(a) <<NOTE: List. Recommenda- tions. Certification.>> 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
[[Page 137 STAT. 638]]
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. <<NOTE: 10 USC prec. 20211, 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.
`` <<NOTE: 10 USC prec. 20231.>> SUBCHAPTER III--PROMOTIONS
``Sec. 20231. <<NOTE: 10 USC prec. 20231, 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) <<NOTE: Deadlines.>> Authority to preclude from
consideration certain officers based on time of entry on or
departure from sustained duty.--The Secretary of the Air Force--
[[Page 137 STAT. 639]]
``(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) <<NOTE: Determination.>> are determined, in
accordance with standards and procedures prescribed
pursuant to paragraph (2), as not being exceptionally
well qualified for promotion.
``(2) <<NOTE: Standards. Procedures. Requirements.>>
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 <<NOTE: Applicability.>> 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.
[[Page 137 STAT. 640]]
``(B) <<NOTE: Recommenda- tion.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Guidance.>> 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) <<NOTE: Recommenda- tion.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Time period.>> 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;
[[Page 137 STAT. 641]]
``(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. <<NOTE: Time period.>> --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. <<NOTE: Determinations. 10 USC prec.
20231, 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.
[[Page 137 STAT. 642]]
``(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. <<NOTE: 10 USC prec. 20231, 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Time period.>> 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
[[Page 137 STAT. 643]]
based primarily upon scientific and technical qualifications for which
joint requirements do not exist.
``(g) <<NOTE: Effective date.>> 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. <<NOTE: 10 USC prec. 20231, 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. <<NOTE: Time period.>> --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. <<NOTE: 10 USC prec. 20231, 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
[[Page 137 STAT. 644]]
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. <<NOTE: 10 USC prec. 20231, 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. <<NOTE: Estimates. 10 USC prec. 20231, 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--
[[Page 137 STAT. 645]]
``(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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC prec. 20231, 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. <<NOTE: Estimates. Time periods.>> 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. <<NOTE: 10 USC prec. 20231, 20239.>> Promotions:
how made
``(a) Promotion Lists.--
``(1) <<NOTE: President.>> 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.--
[[Page 137 STAT. 646]]
``(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) <<NOTE: Determinations.>> 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) <<NOTE: Recommenda- tion.>> 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 <<NOTE: Applicability.>> any use of the authority under the
preceding sentence,
[[Page 137 STAT. 647]]
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 <<NOTE: Expiration. Determination.>> 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. <<NOTE: Applicability.>> --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. <<NOTE: 10 USC prec. 20231, 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. <<NOTE: 10 USC prec. 20231, 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.
[[Page 137 STAT. 648]]
``(2) <<NOTE: President. Extension.>> 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) <<NOTE: Definition.>> 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. <<NOTE: 10 USC prec. 20231, 20242.>> Authority to
vacate promotions to grade of brigadier
general
``(a) <<NOTE: President. Time period.>> 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.
[[Page 137 STAT. 649]]
``Sec. 20243. <<NOTE: 10 USC prec. 20231, 20243.>> General
officers ceasing to occupy positions
commensurate with grade
``(a) <<NOTE: Deadline.>> 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.
`` <<NOTE: 10 USC prec. 20251.>> SUBCHAPTER IV--FAILURE OF SELECTION FOR
PROMOTION AND INVOLUNTARY SEPARATION
``Sec. 20251. <<NOTE: 10 USC prec. 20251, 20251.>> Failure of
selection for promotion
``(a) <<NOTE: Applicability.>> 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
[[Page 137 STAT. 650]]
``(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. <<NOTE: 10 USC prec. 20251, 20251.>> Special
selection boards; correction of errors
``(a) Persons Not Considered by Promotion Board Because of
Administrative Error.--
``(1) <<NOTE: Determination.>> 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) <<NOTE: Appointment.>> 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. <<NOTE: Requirement.>> 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) <<NOTE: Determination.>> 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--
[[Page 137 STAT. 651]]
``(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) <<NOTE: Appointment.>> 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) <<NOTE: Recommenda- tions. Certification.>> 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
[[Page 137 STAT. 652]]
for promotion to that grade by the selection board which should
have considered, or which did consider, the officer.
``(3) <<NOTE: President.>> 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. <<NOTE: Regulations.>> --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
[[Page 137 STAT. 653]]
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. <<NOTE: Applicability. 10 USC prec.
20251, 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. <<NOTE: 10 USC prec. 20251, 20253.>> Retirement:
retirement for years of service
``Sections <<NOTE: Applicability.>> 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 <<NOTE: 10 USC prec. 20261.>> --CONTINUATION ON ACTIVE
DUTY AND SELECTIVE EARLY RETIREMENT; OTHER PROVISIONS
``Sec. 20261 <<NOTE: 10 USC prec. 20261, 20261.>> Selection of
officers for continuation on the Space Force
officer list
`` <<NOTE: Applicability.>> 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. <<NOTE: 10 USC prec. 20261, 20262.>> Retirement:
selective early retirement
`` <<NOTE: Applicability.>> 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. <<NOTE: 10 USC prec. 20261, 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. <<NOTE: 10 USC prec. 20261, 20264.>> Other
administrative authorities
``The <<NOTE: Applicability.>> 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
[[Page 137 STAT. 654]]
Corps,'' each place it appears and inserting ``Marine Corps, or
Space Force,''.
(2) Disaggregation of air force maximum numbers.--Subsection
(g) <<NOTE: 10 USC 605.>> 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:
`` <<NOTE: 10 USC prec. 20301.>> CHAPTER 2007--ENLISTED MEMBERS
``Sec.
``20301. Original enlistments: qualifications; grade.
``20302. Enlisted members: term of enlistment.
``20303. Reference to chapter 31.
``Sec. 20301. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 20303.>> Reference to chapter 31
``For other provisions of this title applicable to enlistments in
the Space Force, see chapter 31 of this title.''.
[[Page 137 STAT. 655]]
(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 <<NOTE: 10 USC prec. 20401.>> 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.
[[Page 137 STAT. 656]]
``Sec. 20401. <<NOTE: 10 USC 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. <<NOTE: 10 USC 20402.>> Enlisted members: standards
and qualifications for retention
``(a) <<NOTE: Regulations.>> 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) <<NOTE: Procedures. Determinations. Compliance.>>
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) <<NOTE: Termination.>> have the member's enlistment
terminated.
``Sec. 20403. <<NOTE: 10 USC 20403.>> Officers: standards and
qualifications for retention
``(a) Standards and Qualifications.--To be retained in an active
status, a Space Force officer must--
[[Page 137 STAT. 657]]
``(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. <<NOTE: Time periods. 10 USC 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
[[Page 137 STAT. 658]]
this section shall be considered to be involuntary for purposes of any
other provision of law.
``Sec. 20405. Force <<NOTE: 10 USC 20405.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Definition.>> 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 <<NOTE: 10 USC prec. 20501.>> 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.
[[Page 137 STAT. 659]]
``Sec. 20501. <<NOTE: Regulations. Determinations. 10 USC
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. <<NOTE: 10 USC 20502.>> Retention boards
``(a) Convening of Boards to Consider Officers Required to Show
Cause. <<NOTE: Recommenda- tions.>> --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) <<NOTE: Recommenda- tions.>> If a retention board
determines that the officer has failed to establish that the
officer should be retained in a
[[Page 137 STAT. 660]]
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) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 137 STAT. 661]]
may be available to correct any identified deficiencies and
improve the officer's performance within the Space Force.
``Sec. 20503. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Records. Determination.>> 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. <<NOTE: 10 USC 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
[[Page 137 STAT. 662]]
``(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. <<NOTE: Applicability. Appointments. 10 USC
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) <<NOTE: Determination.>> 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:
`` <<NOTE: 10 USC prec. 20601.>> 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. <<NOTE: 10 USC 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.
[[Page 137 STAT. 663]]
``Sec. 20602. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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.
[[Page 137 STAT. 664]]
``(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)--
[[Page 137 STAT. 665]]
(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 <<NOTE: 10
USC prec. 9131, 9132.>> 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) <<NOTE: 10 USC prec. 9131.>> 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 <<NOTE: 10
USC prec. 9151.>> amended to read as follows:
[[Page 137 STAT. 666]]
``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 <<NOTE: 10 USC prec.
9011, prec. 9110.>> 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
[[Page 137 STAT. 667]]
(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) <<NOTE: 10 USC 9452.>> 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--
[[Page 137 STAT. 668]]
``(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) <<NOTE: 10 USC
482.>> 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:
`` <<NOTE: Applicability.>> 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
[[Page 137 STAT. 669]]
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: <<NOTE: Reports. Recommenda-
tions. President. Appointment.>> ``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) <<NOTE: 10
USC 633.>> 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'';
[[Page 137 STAT. 670]]
(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 <<NOTE: 10
USC prec. 627.>> is amended by striking
``lieutenant colonels and'' and inserting ``and
Space Force lieutenant colonels; regular Navy''.
(ii) The heading of section 634 is <<NOTE: 10
USC prec. 627.>> amended by striking ``colonels
and'' and inserting ``and Space Force colonels;
regular''.
(iii) The heading of section 635 is <<NOTE: 10
USC prec. 627.>> amended by striking ``brigadier
generals and'' and inserting ``and Space Force
brigadier generals; regular Navy''.
(iv) The heading of section 636 is <<NOTE: 10
USC prec. 627.>> 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
[[Page 137 STAT. 671]]
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 <<NOTE: 10 USC 777.>> 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
[[Page 137 STAT. 672]]
(iii) by inserting after subparagraph (A) the
following new subparagraph:
``(B) <<NOTE: Time period.>> 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
[[Page 137 STAT. 673]]
``(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 <<NOTE: 10 USC 1174.>> 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) <<NOTE: Applicability.>> The provisions of this section
pertaining to members of the Ready Reserve, the Selected Reserve, or the
Individual Ready
[[Page 137 STAT. 674]]
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 <<NOTE: 10 USC 2107.>> 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.--
[[Page 137 STAT. 675]]
(1) Montgomery gi bill.--Section 3011(a)(3)(D) of such
title <<NOTE: 38 USC 3011.>> 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. <<NOTE: Definition. 10 USC 20001 note.>> 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) <<NOTE: Appointments.>> 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
[[Page 137 STAT. 676]]
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. <<NOTE: Determination.>> --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
[[Page 137 STAT. 677]]
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) <<NOTE: Deadline.>> 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. <<NOTE: Certification.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 678]]
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) <<NOTE: Applicability.>> 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:
[[Page 137 STAT. 679]]
(1) Commissioned officer grades.--Section 9151 <<NOTE: 10
USC 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
[[Page 137 STAT. 680]]
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) <<NOTE: 10 USC 1370.>> 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--
[[Page 137 STAT. 681]]
(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) <<NOTE: 10 USC 1491.>> 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) <<NOTE: 50 USC 3917.>> is amended by adding at the end
the following new subsection:
``(c) <<NOTE: Applicability.>> 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.
[[Page 137 STAT. 682]]
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) <<NOTE: 10 USC prec. 101.>> 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'';
[[Page 137 STAT. 683]]
(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) <<NOTE: 10 USC 172.>> 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) <<NOTE: 10 USC prec. 221.>> 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) <<NOTE: 10 USC prec. 391.>> 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)'';
[[Page 137 STAT. 684]]
(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) <<NOTE: 10 USC 491.>> 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) <<NOTE: 10 USC prec. 1071.>> 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 <<NOTE: 10 USC prec. 2241.>> 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 <<NOTE: 10 USC prec.
3101.>> 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--
[[Page 137 STAT. 685]]
(A) in subsection (a)(4) <<NOTE: 10 USC 3702.>> 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) <<NOTE: Repeal. 10 USC prec. 4061.>> 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 <<NOTE: 10 USC prec. 8661.>> amended by
redesignating the second section 8696 (relating to battle force
ship employment, maintenance, and manning baseline plans) as
section 8697.
(b) <<NOTE: 10 USC 101 note.>> 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) <<NOTE: 10 USC 2911
note.>> 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) <<NOTE: List. Deadlines.>> 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
[[Page 137 STAT. 686]]
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. <<NOTE: 36 USC 148.>> U.S. Hostage and Wrongful
Detainee Day
``(a) Designation.--March 9 is U.S. Hostage and Wrongful Detainee
Day.
``(b) <<NOTE: President.>> 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 <<NOTE: 36 USC prec. 101.>> 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. <<NOTE: 36 USC 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--
[[Page 137 STAT. 687]]
``(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 <<NOTE: 36 USC prec. 901.>> 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) <<NOTE: Determination.>> 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:
[[Page 137 STAT. 688]]
``(6) <<NOTE: Determination.>> 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. <<NOTE: Deadline.>> --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 <<NOTE: Determinations.>> 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. <<NOTE: 10 USC 331 note.>> 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.
[[Page 137 STAT. 689]]
(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. <<NOTE: Arkansas.>> 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
[[Page 137 STAT. 690]]
(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) <<NOTE: Determination.>> 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).
[[Page 137 STAT. 691]]
(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 <<NOTE: American Security Drone Act of 2023.>> B--Drone
Security
SEC. <<NOTE: 41 USC note prec. 3901.>> 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) <<NOTE: China.>> 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
[[Page 137 STAT. 692]]
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. <<NOTE: Updates. List.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 693]]
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) <<NOTE: Notification.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> 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. <<NOTE: Determination.>> --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
[[Page 137 STAT. 694]]
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) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>> 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
[[Page 137 STAT. 695]]
operations, cybersecurity, or development of an unmanned
aircraft system or counter-unmanned aircraft system technology;
or
(3) <<NOTE: Determination.>> 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. <<NOTE: Determination.>> --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) <<NOTE: Notification.>> 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) <<NOTE: Deadline. Guidance.>> 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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 696]]
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) <<NOTE: Inventory data. Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Grants.>> 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.
[[Page 137 STAT. 697]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> the time period
over which the waiver applies, which shall not
exceed three years;
(C) <<NOTE: Reports.>> shall be reported to the
Office of Management and Budget following issuance of
such a determination; and
(D) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 698]]
service agency from procuring or operating a covered unmanned aircraft
system purchased with non-Federal dollars.
(b) <<NOTE: Contracts. Grants.>> 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) <<NOTE: Plan.>> 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.
[[Page 137 STAT. 699]]
(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. <<NOTE: 44 USC 2107 note.>> UNIDENTIFIED ANOMALOUS
PHENOMENA RECORDS COLLECTION AT THE
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION.
(a) Records Collection.--
(1) Establishment of collection.--
(A) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 700]]
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) <<NOTE: Public information. Deadlines.>> 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) <<NOTE: Waivers.>> grant waivers of such fees
pursuant to the standards established by section
552(a)(4) of title 5, United States Code.
(2) <<NOTE: Determination.>> 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) <<NOTE: Public information. Web posting.>> 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
[[Page 137 STAT. 701]]
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.--
[[Page 137 STAT. 702]]
(1) <<NOTE: Deadline.>> 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) <<NOTE: Determinations.>> 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
[[Page 137 STAT. 703]]
(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) <<NOTE: Deadline.>> 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--
[[Page 137 STAT. 704]]
(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. <<NOTE: Federal
Register, publication. Determination.>> 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) <<NOTE: President. Certification.>> 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--
[[Page 137 STAT. 705]]
(A) transmit digital records electronically in
accordance with section 2107 of title 44, United States
Code;
(B) <<NOTE: Fees.>> charge fees for copying
unidentified anomalous phenomena records; and
(C) <<NOTE: Waivers.>> 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. <<NOTE: Deadlines.>> 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.
[[Page 137 STAT. 706]]
(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. <<NOTE: Notification.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Time periods.>> 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
[[Page 137 STAT. 707]]
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. <<NOTE: 42 USC 300mm-63.>> 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.
[[Page 137 STAT. 708]]
``SEC. 3354. <<NOTE: Pennsylvania. 42 USC 300mm-64.>> 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) <<NOTE: Time period.>> 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))--
[[Page 137 STAT. 709]]
(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 <<NOTE: Military Construction Authorization Act for Fiscal
Year 2024.>> --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.
[[Page 137 STAT. 710]]
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:
[[Page 137 STAT. 711]]
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.
[[Page 137 STAT. 712]]
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.
[[Page 137 STAT. 713]]
(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:
[[Page 137 STAT. 714]]
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:
[[Page 137 STAT. 715]]
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
[[Page 137 STAT. 716]]
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.................
[[Page 137 STAT. 717]]
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:
[[Page 137 STAT. 718]]
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.
[[Page 137 STAT. 719]]
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:
[[Page 137 STAT. 720]]
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:
[[Page 137 STAT. 721]]
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
[[Page 137 STAT. 722]]
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
[[Page 137 STAT. 723]]
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
[[Page 137 STAT. 724]]
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....................
----------------------------------------------------------------------------------------------------------------
[[Page 137 STAT. 725]]
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...
----------------------------------------------------------------------------------------------------------------
[[Page 137 STAT. 726]]
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
[[Page 137 STAT. 727]]
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) <<NOTE: Contracts.>> 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
[[Page 137 STAT. 728]]
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......
[[Page 137 STAT. 729]]
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
[[Page 137 STAT. 730]]
``$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.................
[[Page 137 STAT. 731]]
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. <<NOTE: Contracts.>> 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:
[[Page 137 STAT. 732]]
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. <<NOTE: Contracts.>> 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
[[Page 137 STAT. 733]]
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:
[[Page 137 STAT. 734]]
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..............
[[Page 137 STAT. 735]]
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
[[Page 137 STAT. 736]]
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
[[Page 137 STAT. 737]]
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) <<NOTE: Termination date.>> 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:
[[Page 137 STAT. 738]]
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) <<NOTE: Termination date.>> 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) <<NOTE: Termination date.>> 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:
[[Page 137 STAT. 739]]
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
----------------------------------------------------------------------------------------------------------------
[[Page 137 STAT. 740]]
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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline. Notification.>> 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.
[[Page 137 STAT. 741]]
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.
[[Page 137 STAT. 742]]
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.
[[Page 137 STAT. 743]]
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.
[[Page 137 STAT. 744]]
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, <<NOTE: 10 USC prec. 2801.>> is amended by adding at the end the
following new section:
``Sec. 2817. <<NOTE: 10 USC 2817.>> Authority for certain
construction projects in friendly foreign
countries
``(a) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 745]]
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) <<NOTE: Certification.>> A certification that
the conditions specified in subsection (a) are satisfied
with regard to the construction project.
``(B) A justification for such project.
``(C) <<NOTE: Cost estimates.>> An estimate of the
cost of such project.
``(3) <<NOTE: Time period.>> 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. <<NOTE: Time period. 10 USC 2862 note.>> 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. <<NOTE: State listing.>> 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.
[[Page 137 STAT. 746]]
(2) Malmstrom Air Force Base, Montana.
(3) Minot Air Force Base, North Dakota.
SEC. 2808. <<NOTE: 10 USC 2802 note.>> 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. <<NOTE: Requirements.>> --(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) <<NOTE: Effective date.>> 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) <<NOTE: Definition.>> 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.''.
[[Page 137 STAT. 747]]
SEC. 2810. <<NOTE: 10 USC 2805 note.>> 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. <<NOTE: Cost estimates.>> --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.
[[Page 137 STAT. 748]]
(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. <<NOTE: Lists. Recommenda- tions.>> --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) <<NOTE: 10 USC 2920 note.>> 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.
[[Page 137 STAT. 749]]
(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.
[[Page 137 STAT. 750]]
``(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) <<NOTE: Term.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Assessment.>> 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.
[[Page 137 STAT. 751]]
(B) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessment.>> 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:
[[Page 137 STAT. 752]]
``(D) Limitation on payment.--
``(i) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2821 note.>> 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. <<NOTE: 10 USC 2890 note.>> 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
[[Page 137 STAT. 753]]
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. <<NOTE: Deadlines.>> 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) <<NOTE: Definition.>> 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, <<NOTE: 10 USC prec. 2851.>> is amended by
amending the item relating to section 2856 to read as follows:
``2856. Covered military unaccompanied housing: design standards.''.
(b) <<NOTE: 10 USC 2856 note.>> 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
[[Page 137 STAT. 754]]
(2) <<NOTE: Reports.>> 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) <<NOTE: Time period. Compliance.>> 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. <<NOTE: 10 USC prec. 2851.>> --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. <<NOTE: 10 USC 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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 2856b note.>> --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
[[Page 137 STAT. 755]]
(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) <<NOTE: 10 USC 2856a note.>> 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, <<NOTE: 10 USC prec.
2851.>> is amended by inserting after section 2856 the following new
section:
``Sec. 2856a. <<NOTE: 10 USC 2856a.>> Covered military
unaccompanied housing: waivers of covered
privacy and configuration standards
``(a) <<NOTE: Effective date.>> 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) <<NOTE: Approval.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Termination date.>> 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) <<NOTE: Plan.>> a plan to remedy the deficiencies, if
any, of covered military unaccompanied housing that required the
issuance of such a waiver;
[[Page 137 STAT. 756]]
``(3) <<NOTE: Strategy.>> a strategy to remedy issues, if
any, caused by covered military unaccompanied housing that did
not comply with such uniform standards;
``(4) <<NOTE: Strategy.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Deadline. Termination date.>> 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) <<NOTE: Lists.>> 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,
[[Page 137 STAT. 757]]
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) <<NOTE: 10 USC 2856a note.>> Revisions to Rules, Guidance, or
Other Issuances.--Not <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Analysis.>> an analysis on the ability of each
military department to execute such plan; and
(2) <<NOTE: Recommenda- tions.>> recommendations, if any,
of the Comptroller General with respect to modifications of such
plan.
(f) <<NOTE: Definition. 10 USC 2856a note.>> 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
[[Page 137 STAT. 758]]
Management' and dated October 28, 2010 (or a successor document).''.
SEC. 2835. <<NOTE: 10 USC 2821 note.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Cost estimate.>> 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:
[[Page 137 STAT. 759]]
(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. <<NOTE: 10 USC note prec. 2851.>> ESTABLISHMENT OF
CIVILIAN EMPLOYEES FOR OVERSIGHT OF
COVERED MILITARY UNACCOMPANIED HOUSING.
(a) Establishment Civilian Employees.--
(1) <<NOTE: Deadline. Regulations. Requirements.>> 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. <<NOTE: 10 USC note prec. 2851.>> MAINTENANCE WORK
ORDER MANAGEMENT PROCESS FOR COVERED
MILITARY UNACCOMPANIED HOUSING.
(a) <<NOTE: Deadline. Regulations.>> 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
[[Page 137 STAT. 760]]
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) <<NOTE: Requirements.>> 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) <<NOTE: Updates. Guidelines.>> 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. <<NOTE: Deadlines. 10 USC note prec. 2851.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Time period.>> 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
[[Page 137 STAT. 761]]
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) <<NOTE: Plans.>> Elements.--Each report required under
subsection (a) shall include the following:
(1) <<NOTE: Lists.>> 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. <<NOTE: Notification.>> 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.''
[[Page 137 STAT. 762]]
SEC. 2841. <<NOTE: 10 USC note prec. 2851.>> ELIMINATION OF
FLEXIBILITIES FOR CONSTRUCTION STANDARDS
FOR COVERED MILITARY UNACCOMPANIED
HOUSING.
(a) <<NOTE: Deadline. Modifications. Requirements.>> 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. <<NOTE: Deadlines. 10 USC note prec. 2661.>> 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) <<NOTE: Contracts.>> 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
[[Page 137 STAT. 763]]
10, United States Code, to assist the State of Arkansas provide security
services and fire protection services for the covered property.
(b) <<NOTE: Deadline. Summaries. Cost estimates.>> 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) <<NOTE: Assessment. Recommenda- tions.>> 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. <<NOTE: 10 USC 2801 note.>> 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--
[[Page 137 STAT. 764]]
(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) <<NOTE: Time periods.>> 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) <<NOTE: Risk assessment.>> 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
[[Page 137 STAT. 765]]
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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 766]]
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) <<NOTE: Contracts.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Analysis.>> provide the instantaneous peak
demand analysis and design necessary to conduct such transfer;
[[Page 137 STAT. 767]]
(3) provide rights of way and easements necessary to support
the construction of replacement electrical infrastructure; and
(4) <<NOTE: Assessment. Costs.>> 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) <<NOTE: Deadline. Termination date.>> 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. <<NOTE: 10 USC 2802 note.>> INCLUSION OF MILITARY
INSTALLATION RESILIENCE IN REAL PROPERTY
MANAGEMENT AND INSTALLATION MASTER
PLANNING OF DEPARTMENT.
(a) <<NOTE: Deadline. Requirements. Updates.>> 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) <<NOTE: Lists.>> 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) <<NOTE: Criteria.>> 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).
[[Page 137 STAT. 768]]
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) <<NOTE: 134
Stat. 4351.>> 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
[[Page 137 STAT. 769]]
``(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) <<NOTE: 134 Stat. 4352.>> 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) <<NOTE: Recommenda-
tions.>> 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. <<NOTE: Reports.>> --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
[[Page 137 STAT. 770]]
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) <<NOTE: Revocations.>> 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) <<NOTE: Transfer authority.>> 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''.
[[Page 137 STAT. 771]]
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) <<NOTE: Payment. Determination.>> 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) <<NOTE: Determination. Land survey.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Payment.>> 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
[[Page 137 STAT. 772]]
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) <<NOTE: Reimbursement.>> 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. <<NOTE: Refund.>> 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) <<NOTE: Determination. Land survey.>> 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
[[Page 137 STAT. 773]]
(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) <<NOTE: Determination. Appraisal.>> 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) <<NOTE: Reimbursement.>> 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. <<NOTE: Refund.>> 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) <<NOTE: Determination. Land survey.>> 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.--
[[Page 137 STAT. 774]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Reimbursement.>> 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
[[Page 137 STAT. 775]]
``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) <<NOTE: Determination.>> 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) <<NOTE: Reimbursement.>> 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) <<NOTE: Determination. Land survey.>> 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) <<NOTE: Requirement.>> 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--
[[Page 137 STAT. 776]]
(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) <<NOTE: Reimbursement.>> 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:
[[Page 137 STAT. 777]]
``(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. <<NOTE: 10 USC 2821 note.>> 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) <<NOTE: Deadline.>> 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,
[[Page 137 STAT. 778]]
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) <<NOTE: Assessment. Strategies.>> 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) <<NOTE: Determination.>> the optimal stock and
occupancy rate of military housing units in Hawaii, as
determined by the Secretary;
(6) <<NOTE: Cost estimates.>> an estimate of the cost to
the United States to maintain such optimal stock and occupancy
rate;
(7) <<NOTE: Assessment.>> 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) <<NOTE: Strategies.>> 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
[[Page 137 STAT. 779]]
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) <<NOTE: Deadline. Termination date. Time period. Contracts.>>
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) <<NOTE: Update.>> An update on the Sentinel
intercontinental ballistic missile weapon system program,
including delays that may affect the timelines for covered
construction projects.
(2) <<NOTE: Update. Timelines. Costs.>> An update on
timelines and costs for covered construction projects, including
details on land acquisitions for such projects.
(3) <<NOTE: Update. Surveys.>> 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) <<NOTE: Analysis.>> An analysis of any change
to the elements in subparagraphs (A) through (E) since
the previous quarter.
(6) <<NOTE: Summary.>> A summary of Government actions to
mitigate cost growth of covered construction projects.
(7) <<NOTE: Review.>> 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) <<NOTE: Schedule.>> The most recent construction
schedule, including any anticipated delays and mitigation
measures for each such delay,
[[Page 137 STAT. 780]]
requests for equitable adjustment, and any changes to the
schedule since the previous quarter.
(9) <<NOTE: Update. Cost estimates.>> An update on the
estimated cost to complete the covered construction project.
(10) <<NOTE: Summary.>> 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, <<NOTE: 10 USC prec. 8604.>> is amended by inserting after
section 8617 the following new section:
``Sec. 8618. <<NOTE: 10 USC 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.
[[Page 137 STAT. 781]]
``(c) <<NOTE: Real property.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Property.>> 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. <<NOTE: Determination.>> 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. <<NOTE: Applicability. Property.>> --(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
[[Page 137 STAT. 782]]
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. <<NOTE: Regulations.>> 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), <<NOTE: 40 USC 8903 note.>> is amended by striking ``the
Foundation'' and inserting ``non-Federal Government entities, the
Secretary of the Air Force, or both,''.
SEC. 2885. <<NOTE: Georgia.>> 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
[[Page 137 STAT. 783]]
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. <<NOTE: 10 USC note prec. 2001.>> CONTINUING EDUCATION
CURRICULUM ON USE OF INNOVATIVE PRODUCTS
FOR MILITARY CONSTRUCTION PROJECTS.
(a) Curriculum Required. <<NOTE: Deadline.>> --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) <<NOTE: Deadlines.>> 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--
[[Page 137 STAT. 784]]
(1) <<NOTE: Update.>> an update on the status of the
curriculum under subsection (a); and
(2) <<NOTE: Plan.>> 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. <<NOTE: 10 USC 2684a note.>> GUIDANCE ON ENCROACHMENT
THAT AFFECTS COVERED SITES.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Procedures. Certification.>> 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) <<NOTE: Requirements. Determination.>> 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) <<NOTE: Reports.>> report information about
encroachment relating to foreign investment to the Assistant
Secretary of Defense for Industrial Base Policy; and
(2) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> an assessment of the procedure
described in subsection (a)(3).
(e) Definitions.--In this section:
[[Page 137 STAT. 785]]
(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 <<NOTE: Reviews.>> 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. <<NOTE: 10 USC 2576a note.>> PLAN FOR USE OF EXCESS
CONSTRUCTION MATERIALS ON SOUTHWEST
BORDER.
(a) Plan. <<NOTE: Deadline.>> --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) <<NOTE: Assessment.>> 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.
[[Page 137 STAT. 786]]
(c) Requirements of Requesting States. <<NOTE: Certification.>> --
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) <<NOTE: Deadline.>> 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) <<NOTE: Lists.>> 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.
[[Page 137 STAT. 787]]
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.
[[Page 137 STAT. 788]]
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''.
[[Page 137 STAT. 789]]
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. <<NOTE: 50 USC 2412.>> 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) <<NOTE: Deadlines.>> Submission to Congress.--
``(1) <<NOTE: Plan.>> 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) <<NOTE: Records.>> Completed strategy.--Not later
than April 1, 2025, the working group shall submit the
congressional defense committees a copy of the completed
strategy.
``(f) <<NOTE: Determination. Time period.>> 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.''.
[[Page 137 STAT. 790]]
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) <<NOTE: Certification.>> 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
[[Page 137 STAT. 791]]
``(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) <<NOTE: Deadline.>> 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--
[[Page 137 STAT. 792]]
(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. <<NOTE: 50 USC 2796.>> 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.''.
[[Page 137 STAT. 793]]
(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) <<NOTE: Time period.>> 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. <<NOTE: Deadline.>> --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) <<NOTE: Briefing.>> 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.''.
[[Page 137 STAT. 794]]
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. <<NOTE: Certification.>> --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.
[[Page 137 STAT. 795]]
(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. <<NOTE: 50 USC 2453 note.>> 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. <<NOTE: Definition.>> --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. <<NOTE: Nuclear Fuel Security Act of 2023. 42 USC
16282.>> 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
[[Page 137 STAT. 796]]
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)).
[[Page 137 STAT. 797]]
(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''--
[[Page 137 STAT. 798]]
(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) <<NOTE: Deadlines.>> 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
[[Page 137 STAT. 799]]
(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;
[[Page 137 STAT. 800]]
(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) <<NOTE: Deadlines.>> 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
[[Page 137 STAT. 801]]
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
[[Page 137 STAT. 802]]
(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) <<NOTE: Notification.>> 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.
[[Page 137 STAT. 803]]
(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'';
[[Page 137 STAT. 804]]
(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. <<NOTE: Deadline. 50 USC 2452 note.>> 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) <<NOTE: Recommenda- tions. Applicability.>> 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. <<NOTE: 50 USC 2538c note.>> 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;
[[Page 137 STAT. 805]]
(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. <<NOTE: Deadline.>> --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. <<NOTE: Recommenda- tions.>> 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.
[[Page 137 STAT. 806]]
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.
[[Page 137 STAT. 807]]
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--
[[Page 137 STAT. 808]]
(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) <<NOTE: Determination.>> 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. <<NOTE: Data. Analysis. Deadline.>> 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,
[[Page 137 STAT. 809]]
including the loading and unloading of
commercially harvested fish and fish
products, seafood processing, cold
storage, and other related
infrastructure.''.
SEC. 3512. <<NOTE: Data.>> 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. <<NOTE: Determination.>> --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.
[[Page 137 STAT. 810]]
(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) <<NOTE: 46 USC 54301.>> 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) <<NOTE: 46 USC 50302 note.>> 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) <<NOTE: 46 USC 56101 note.>> 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) <<NOTE: 46 USC 56101 note.>> 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, <<NOTE: 46 USC prec. 50301.>> 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.
[[Page 137 STAT. 811]]
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, <<NOTE: 46 USC prec. 50101.>> 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, <<NOTE: 46 USC prec. 53701.>> 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, <<NOTE: 46 USC prec. 54101.>> 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) <<NOTE: 33 USC 1958.>> 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. <<NOTE: 46 USC 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--
[[Page 137 STAT. 812]]
(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, <<NOTE: 46
USC prec. 57100.>> 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''.
[[Page 137 STAT. 813]]
(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)--
[[Page 137 STAT. 814]]
(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. <<NOTE: Plan.>> --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. <<NOTE: Deadlines. Determinations.>> --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) <<NOTE: Federal
Register, publication.>> 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) <<NOTE: Notice.>> a notice
of the application; and
``(bb) <<NOTE: Summary.>> a summary
of the plans; or
``(II) if the Secretary determines that all
required information is not contained in the
application--
``(aa) <<NOTE: Notification.>>
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:
[[Page 137 STAT. 815]]
``(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'';
[[Page 137 STAT. 816]]
(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) <<NOTE: Assessment.>> 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.--
[[Page 137 STAT. 817]]
``(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. <<NOTE: Federal
Register, publication.>> --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. <<NOTE: Updates.>> --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) <<NOTE: Time period.>> 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. <<NOTE: Deadline. Time period.>> --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
[[Page 137 STAT. 818]]
``(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. <<NOTE: Deadline.>> --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:
[[Page 137 STAT. 819]]
``(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. <<NOTE: 46 USC 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, <<NOTE: 46 USC prec. 55301.>> 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
[[Page 137 STAT. 820]]
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) <<NOTE: 46 USC 55601 note.>> Report on Increasing Effectiveness
of Marine Highways.--
(1) <<NOTE: Public information. Web posting. Study.>> 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. <<NOTE: Effective date.>> --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.
[[Page 137 STAT. 821]]
(3) Final report. <<NOTE: Briefing. Recommenda- tions.>> --
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) <<NOTE: Examination.>> 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
[[Page 137 STAT. 822]]
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) <<NOTE: Market analysis.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Assessments.>> 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
[[Page 137 STAT. 823]]
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. <<NOTE: Contracts. Evaluation.>> --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) <<NOTE: Time period.>> 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
[[Page 137 STAT. 824]]
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) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions.>> 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).
[[Page 137 STAT. 825]]
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) <<NOTE: Time periods.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: President. Determination. Time periods.>> 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
[[Page 137 STAT. 826]]
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) <<NOTE: Extension.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Web posting. Deadline.>> 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) <<NOTE: Federal Register, publication.>> in
the Federal Register.
``(4) <<NOTE: Notification. Deadline.>> 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) <<NOTE: 46 USC 3306 note.>> 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
[[Page 137 STAT. 827]]
an operator of an overnight fishing charter before April
1, 2024.
(B) <<NOTE: Deadline.>> 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. <<NOTE: Effective date. Termination
date.>> --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. <<NOTE: Effective date. Web
posting.>> --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
[[Page 137 STAT. 828]]
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. <<NOTE: Reports.>> --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) <<NOTE: Deadlines. 46 USC 51301 note.>> 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
[[Page 137 STAT. 829]]
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.--
[[Page 137 STAT. 830]]
(1) In general. <<NOTE: Analysis.>> --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) <<NOTE: Evaluation.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Plan. Timelines. Cost estimates.>> 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.
[[Page 137 STAT. 831]]
SEC. 3534. MARITIME WORKFORCE WORKING GROUP.
(a) <<NOTE: Deadline. Examination. Assessment.>> 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) <<NOTE: Designation.>> 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.
[[Page 137 STAT. 832]]
(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,
[[Page 137 STAT. 833]]
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) <<NOTE: 46 USC 7307 note.>> Temporary Reduction of Lengths of
Certain Periods of Service. <<NOTE: Time period. Applicability.>> --For
the 3-year period beginning on the date of enactment of this Act--
[[Page 137 STAT. 834]]
(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.''.
[[Page 137 STAT. 835]]
SEC. 3535. <<NOTE: 46 USC 57100 note.>> 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. <<NOTE: 46 USC 50114 note.>> 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) <<NOTE: Analyses.>> Elements.--As the national maritime
strategy relates to national security, each briefing under subsection
(a) shall include the following:
(1) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessment.>> 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.
[[Page 137 STAT. 836]]
(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) <<NOTE: Definition.>> 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) <<NOTE: Compliance.>> 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.
[[Page 137 STAT. 837]]
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).
[[Page 137 STAT. 838]]
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]
[[Page 137 STAT. 839]]
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.
[[Page 137 STAT. 840]]
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).
[[Page 137 STAT. 841]]
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.
[[Page 137 STAT. 842]]
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.
[[Page 137 STAT. 843]]
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.
[[Page 137 STAT. 844]]
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.
[[Page 137 STAT. 845]]
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
[[Page 137 STAT. 846]]
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
[[Page 137 STAT. 847]]
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
[[Page 137 STAT. 848]]
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
[[Page 137 STAT. 849]]
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.
[[Page 137 STAT. 850]]
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.
[[Page 137 STAT. 851]]
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
[[Page 137 STAT. 852]]
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.
[[Page 137 STAT. 853]]
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.
[[Page 137 STAT. 854]]
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
[[Page 137 STAT. 855]]
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 147,831 147,831
<$5M.
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 329,837 370,437
<$5M.
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
[[Page 137 STAT. 856]]
.................................. 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.
[[Page 137 STAT. 857]]
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
[[Page 137 STAT. 858]]
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.
[[Page 137 STAT. 859]]
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.
[[Page 137 STAT. 860]]
.................................. 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
[[Page 137 STAT. 861]]
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.
[[Page 137 STAT. 862]]
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.
[[Page 137 STAT. 863]]
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
[[Page 137 STAT. 864]]
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).
[[Page 137 STAT. 865]]
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.
[[Page 137 STAT. 866]]
.................................. 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
[[Page 137 STAT. 867]]
.................................. 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.
[[Page 137 STAT. 868]]
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
[[Page 137 STAT. 869]]
.................................. 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
[[Page 137 STAT. 870]]
.................................. 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
[[Page 137 STAT. 871]]
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
[[Page 137 STAT. 872]]
.................................. 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]
[[Page 137 STAT. 873]]
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
[[Page 137 STAT. 874]]
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]
[[Page 137 STAT. 875]]
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
[[Page 137 STAT. 876]]
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
[[Page 137 STAT. 877]]
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]
[[Page 137 STAT. 878]]
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
[[Page 137 STAT. 879]]
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]
[[Page 137 STAT. 880]]
.................................. 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.
[[Page 137 STAT. 881]]
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).
[[Page 137 STAT. 882]]
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).
[[Page 137 STAT. 883]]
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]
[[Page 137 STAT. 884]]
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
[[Page 137 STAT. 885]]
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]
[[Page 137 STAT. 886]]
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
[[Page 137 STAT. 887]]
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...........
[[Page 137 STAT. 888]]
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....................
[[Page 137 STAT. 889]]
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
[[Page 137 STAT. 890]]
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
[[Page 137 STAT. 891]]
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]
[[Page 137 STAT. 892]]
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.....................
[[Page 137 STAT. 893]]
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
[[Page 137 STAT. 894]]
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
[[Page 137 STAT. 895]]
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
[[Page 137 STAT. 896]]
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]
[[Page 137 STAT. 897]]
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
[[Page 137 STAT. 898]]
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..............
------------------------------------------------------------------------
[[Page 137 STAT. 899]]
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
[[Page 137 STAT. 900]]
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
------------------------------------------------------------------------
[[Page 137 STAT. 901]]
TITLE XLVI <<NOTE: Military Construction Authorization Act for Fiscal
Year 2024.>> --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
[[Page 137 STAT. 902]]
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
[[Page 137 STAT. 903]]
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
[[Page 137 STAT. 904]]
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.
[[Page 137 STAT. 905]]
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.
[[Page 137 STAT. 906]]
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.
[[Page 137 STAT. 907]]
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).
[[Page 137 STAT. 908]]
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
[[Page 137 STAT. 909]]
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
[[Page 137 STAT. 910]]
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).
[[Page 137 STAT. 911]]
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.
[[Page 137 STAT. 912]]
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.
[[Page 137 STAT. 913]]
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.
[[Page 137 STAT. 914]]
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
[[Page 137 STAT. 915]]
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
[[Page 137 STAT. 916]]
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
[[Page 137 STAT. 917]]
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).
[[Page 137 STAT. 918]]
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
[[Page 137 STAT. 919]]
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.
[[Page 137 STAT. 920]]
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.
........................
[[Page 137 STAT. 921]]
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.
[[Page 137 STAT. 922]]
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
[[Page 137 STAT. 923]]
......................
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:
[[Page 137 STAT. 924]]
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....................
[[Page 137 STAT. 925]]
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
[[Page 137 STAT. 926]]
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
[[Page 137 STAT. 927]]
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...................
[[Page 137 STAT. 928]]
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
[[Page 137 STAT. 929]]
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
[[Page 137 STAT. 930]]
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) <<NOTE: Time period. Determination.>> 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) <<NOTE: Notice. Federal Register, publication.>> If the
Secretary adjusts the amount specified in this paragraph, the Secretary
shall publish a notice of such adjustment in the Federal Register.
``(D) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Determination. Schedule.>> 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
[[Page 137 STAT. 931]]
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) <<NOTE: Public information. Reports.>> 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. <<NOTE: Deadlines. 38 USC 1101 note.>> 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
[[Page 137 STAT. 932]]
``(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) <<NOTE: Definition.>> 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) <<NOTE: Designation. President. Effective
date.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Public information. Web posting.>> 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
[[Page 137 STAT. 933]]
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) <<NOTE: Summary. Time period.>> summarizing
major actions taken under this section in the previous
year, including enforcement actions taken and penalties
imposed;
``(D) <<NOTE: Evaluation.>> 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. <<NOTE: Preventing Child Sex Abuse Act of 2023.>>
PREVENTING CHILD SEX ABUSE.
(a) <<NOTE: 18 USC 1 note.>> Short Title.--This section may be
cited as the ``Preventing Child Sex Abuse Act of 2023''.
(b) <<NOTE: 18 USC 2423 note.>> 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) <<NOTE: Larry Nassar.>> 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
[[Page 137 STAT. 934]]
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. <<NOTE: Penalties.>> --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;
[[Page 137 STAT. 935]]
``(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, <<NOTE: 36 USC prec. 150401.>> 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 <<NOTE: 36 USC 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. <<NOTE: 36 USC 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;
[[Page 137 STAT. 936]]
``(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. <<NOTE: 36 USC 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. <<NOTE: 36 USC 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. <<NOTE: 36 USC 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. <<NOTE: 36 USC 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. <<NOTE: 36 USC 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. <<NOTE: 36 USC 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.
[[Page 137 STAT. 937]]
``(b) Effect.--Nothing in this section interferes or conflicts with
any established or vested rights.
``Sec. 150409. <<NOTE: 36 USC 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. <<NOTE: 36 USC 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. <<NOTE: 36 USC 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. <<NOTE: 36 USC 150412.>> Service of process
`` <<NOTE: Compliance.>> With respect to service of process, the
corporation shall comply with the laws of--
``(1) the jurisdiction under which the corporation is
incorporated; and
[[Page 137 STAT. 938]]
``(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. <<NOTE: 36 USC 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. <<NOTE: 36 USC 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. <<NOTE: 36 USC 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, <<NOTE: 36 USC prec. 101.>> 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) <<NOTE: Effective date. 8 USC 1153 note.>> 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) <<NOTE: Time periods.>> 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
[[Page 137 STAT. 939]]
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) <<NOTE: 8 USC 1153 note.>> 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
[[Page 137 STAT. 940]]
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-- <<NOTE: Federal Data Center Enhancement Act of
2023.>> FEDERAL DATA AND INFORMATION SECURITY
Sec. 5301. Short title.
Sec. 5302. Federal Data Center Consolidation Initiative amendments.
SEC. 5301. <<NOTE: 44 USC 101 note.>> 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) <<NOTE: 44 USC 3601 note.>> 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.
[[Page 137 STAT. 941]]
(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) <<NOTE: Definition.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 942]]
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 <<NOTE: Deadline. Guidance.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Determination.>> Use of technology.--In
determining whether to establish or continue to operate an
existing data center, the head of a covered agency shall--
``(A) <<NOTE: Assessment.>> 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) <<NOTE: Time period. Updates.>> 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,
[[Page 137 STAT. 943]]
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) <<NOTE: Deadline. Verification. Audits. 44 USC 3601 note.>> 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.
[[Page 137 STAT. 944]]
Subtitle A-- <<NOTE: Combating Global Corruption Act.>> Combating Global
Corruption
SEC. 5401. <<NOTE: 22 USC 10501 note.>> SHORT TITLE.
This subtitle may be cited as the ``Combating Global Corruption
Act''.
SEC. 5402. <<NOTE: 22 USC 10501.>> 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. <<NOTE: 22 USC 10502.>> PUBLICATION AND PROVISION OF
LISTS REGARDING PROGRESS ON ANTI-
CORRUPTION EFFORTS.
(a) <<NOTE: Time period. Web posting.>> 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. <<NOTE: Overview.>> This update should include an overview
[[Page 137 STAT. 945]]
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) <<NOTE: Determination.>> 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. <<NOTE: Determinations. 22 USC 10503.>> MINIMUM
STANDARDS FOR THE ELIMINATION OF
CORRUPTION AND ASSESSMENT OF EFFORTS TO
COMBAT CORRUPTION.
(a) <<NOTE: Compliance.>> 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,
[[Page 137 STAT. 946]]
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.
[[Page 137 STAT. 947]]
(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. <<NOTE: 22 USC 10504.>> IMPOSITION OF SANCTIONS UNDER
GLOBAL MAGNITSKY HUMAN RIGHTS
ACCOUNTABILITY ACT.
(a) <<NOTE: Evaluation.>> 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) <<NOTE: Time period. Lists.>> 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. <<NOTE: 22 USC 10505.>> DESIGNATION OF EMBASSY ANTI-
CORRUPTION POINTS OF CONTACT.
(a) <<NOTE: Time period. Determination.>> 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
[[Page 137 STAT. 948]]
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. <<NOTE: 22 USC 2656 note.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 137 STAT. 949]]
(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. <<NOTE: Connecting Oceania's Nations with Vanguard
Exercises and National Empowerment Act
of 2023. 48 USC 1974.>> 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
[[Page 137 STAT. 950]]
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) <<NOTE: Compliance.>> 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) <<NOTE: Time periods. Assessments.>> 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;
[[Page 137 STAT. 951]]
(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. <<NOTE: 22 USC 6901 note.>> 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).
[[Page 137 STAT. 952]]
(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) <<NOTE: List.>> 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
[[Page 137 STAT. 953]]
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) <<NOTE: President. Notification.>> 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) <<NOTE: List.>> 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
[[Page 137 STAT. 954]]
(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. <<NOTE: 33 USC 535d.>> PERMITTING FOR INTERNATIONAL
BRIDGES.
``(a) Definitions.--In this section:
``(1) <<NOTE: Time period. Texas.>> 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.--
[[Page 137 STAT. 955]]
``(1) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.''.
[[Page 137 STAT. 956]]
TITLE LV--EDUCATION AND WORKFORCE MATTERS
Sec. 5501. Amendments to the Energy Employees Occupational Illness
Compensation Program Act of 2000.
SEC. 5501. <<NOTE: Beryllium Testing Fairness Act.>> AMENDMENTS
TO THE ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM ACT OF
2000.
(a) <<NOTE: 42 USC 7384 note.>> 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. <<NOTE: Arizona. Mexico.>> 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) <<NOTE: 22 USC 277d-10 note.>> Nogales Sanitation Project.--
[[Page 137 STAT. 957]]
(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) <<NOTE: Memorandum.>> 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.--
[[Page 137 STAT. 958]]
(A) <<NOTE: Effective date.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Deadline.>> 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.
[[Page 137 STAT. 959]]
(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) <<NOTE: Plan.>> 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) <<NOTE: Update.>> 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) <<NOTE: Payments.>> 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) <<NOTE: 22 USC 277d-10 note.>> 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) <<NOTE: Certification.>> the Secretary
certifies that the foreign government or international
organization--
``(i) <<NOTE: Assessment.>> 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:
[[Page 137 STAT. 960]]
``(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-- <<NOTE: Architect of the Capitol Appointment Act of
2023.>> 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. <<NOTE: 2 USC 1801 note.>> SHORT TITLE.
This title may be cited as the ``Architect of the Capitol
Appointment Act of 2023''.
SEC. 5702. <<NOTE: 2 USC 1801a.>> 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) <<NOTE: Time period.>> 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.
[[Page 137 STAT. 961]]
(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. <<NOTE: 2 USC 1805a.>> 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).
[[Page 137 STAT. 962]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Estimate.>> 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.
[[Page 137 STAT. 963]]
DIVISION F-- <<NOTE: Department of State Authorization Act of
2023.>> 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.
[[Page 137 STAT. 964]]
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. <<NOTE: 22 USC 2651 note.>> 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.
[[Page 137 STAT. 965]]
TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
SEC. 6101. <<NOTE: Time period. Appointments. 22 USC 211a
note.>> 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 <<NOTE: Time period.>> 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. <<NOTE: Deadlines. 22 USC 211a note.>> 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) <<NOTE: Time period.>> 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. <<NOTE: Deadlines.>> 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
[[Page 137 STAT. 966]]
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) <<NOTE: Review. Analysis.>> 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. <<NOTE: 22 USC 213 note.>> STRENGTHENING PASSPORT
CUSTOMER VISIBILITY AND TRANSPARENCY.
(a) <<NOTE: Deadline. Updates.>> 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--
[[Page 137 STAT. 967]]
(1) the date on which his or her passport application was
received; and
(2) <<NOTE: Estimate.>> the estimated wait time remaining in
the passport application process.
(c) <<NOTE: Plan.>> 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) <<NOTE: Time period.>> 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) <<NOTE: 22 USC 2651a note.>> Authorization.--The Secretary is
authorized to hire additional, permanent, dedicated staff for the Office
of Authentications.
SEC. 6108. <<NOTE: Time period. Web postings. 22 USC 213 note.>>
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. <<NOTE: 22 USC 213a.>> 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.
[[Page 137 STAT. 968]]
(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. <<NOTE: Deadline. 22 USC 217a note.>> 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. <<NOTE: Determination. 22 USC 213 note.>> 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. <<NOTE: 22 USC 214 note.>> 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. <<NOTE: President. Time period. 22 USC 213
note.>> 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. <<NOTE: First Responders Passport Act.>> PASSPORT FEE
EXCEPTION FOR SEARCH, RESCUE, AND OTHER
RELATED DISASTER RELIEF OPERATIONS.
(a) <<NOTE: 22 USC 211a note.>> 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--
[[Page 137 STAT. 969]]
``(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. <<NOTE: Deadlines. 22 USC 2734h.>> 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) <<NOTE: Estimate.>> 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) <<NOTE: Determination.>> 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.
[[Page 137 STAT. 970]]
(4) <<NOTE: Designation.>> 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) <<NOTE: Process.>> 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) <<NOTE: Compliance.>> 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. <<NOTE: 22 USC 4030.>> 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) <<NOTE: Grants.>> 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
[[Page 137 STAT. 971]]
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) <<NOTE: Time periods.>> 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
[[Page 137 STAT. 972]]
(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) <<NOTE: Legislative proposals.>> 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) <<NOTE: Time period. Appointments. 22 USC 2651a note.>> 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. <<NOTE: Time periods.>> EXTENDING PATHS TO SERVICE FOR
PAID STUDENT INTERNS.
(a) <<NOTE: Appointments. 22 USC 2651a note.>> 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) <<NOTE: 22
USC 3943 note.>> 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
[[Page 137 STAT. 973]]
(2) by adding at the end the following new subsection:
``(e) <<NOTE: Reports.>> 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) <<NOTE: Estimate.>> 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. <<NOTE: 22 USC 2738.>> 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) <<NOTE: Applicability.>> 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
[[Page 137 STAT. 974]]
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) <<NOTE: Time period.>> 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) <<NOTE: Time periods. Demographic data.>> 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) <<NOTE: Plans.>> recruitment and retention plans for
language instructors, disaggregated by language where necessary
and practicable;
(5) <<NOTE: Plans.>> any plans to increase pass rates for
languages with high failure rates; and
(6) <<NOTE: List.>> 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:
[[Page 137 STAT. 975]]
``(2) <<NOTE: Time period.>> 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. <<NOTE: Deadlines. Criteria. 22 USC 2739.>> 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) <<NOTE: Time periods.>> 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. <<NOTE: Time periods. 22 USC 3927b.>> 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.
[[Page 137 STAT. 976]]
SEC. 6210. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF
MISSION.
<<NOTE: Time period.>> 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) <<NOTE: Data.>> aggregated data for all chiefs of
mission and deputy chiefs of mission described in paragraph (1),
disaggregated by cone.
SEC. 6211. <<NOTE: Deadlines. 22 USC 2736f.>> 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) <<NOTE: Assessment.>> 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.--
[[Page 137 STAT. 977]]
(1) <<NOTE: Process.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Reviews.>> 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
[[Page 137 STAT. 978]]
immediate supervisor shall also receive the retaliation hold
guidance.
SEC. 6212. <<NOTE: Deadline. Strategy. Assessment.>> 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. <<NOTE: 22 USC 2736a note.>> EXPANSION OF DIPLOMATS IN
RESIDENCE PROGRAMS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 22 USC 4088.>> 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) <<NOTE: 22 USC 4084 note.>> 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
[[Page 137 STAT. 979]]
to address mental health needs for both foreign and civil
servants.
(2) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 22 USC 2703a.>> 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) <<NOTE: 22 USC 4081a.>> 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
[[Page 137 STAT. 980]]
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) <<NOTE: Assessment.>> 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. <<NOTE: 22 USC 3982 note.>> SUPPORTING TANDEM SPOUSES
IN THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that--
[[Page 137 STAT. 981]]
(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) <<NOTE: Deadline. Updates. Policies. Time periods.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 982]]
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) <<NOTE: Cost estimate.>> 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 <<NOTE: Reports.>> 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) <<NOTE: List.>> 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) <<NOTE: Cost estimate.>> 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.
<<NOTE: Assessment. Recommenda- tions. Analysis.>> 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) <<NOTE: Deadline. Survey.>> 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) <<NOTE: Reports. Summary.>> not later than 120 days
after the date of the enactment of this division, submitting to
the appropriate congressional
[[Page 137 STAT. 983]]
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. <<NOTE: 22 USC 2701a.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 5 USC 5547 note.>> 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--
[[Page 137 STAT. 984]]
(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) <<NOTE: Analysis.>> An analysis of the current
operational demands and staffing levels.
(B) <<NOTE: Recommenda-
tions. Strategies.>> 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
[[Page 137 STAT. 985]]
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. <<NOTE: 22 USC 2651a note.>> 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) <<NOTE: Deadline. Strategies.>> 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;
[[Page 137 STAT. 986]]
(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) <<NOTE: Time period.>> 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.-- <<NOTE: Consultation.>> 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
[[Page 137 STAT. 987]]
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. <<NOTE: 22 USC 2684b.>> STRENGTHENING THE CHIEF
INFORMATION OFFICER OF THE DEPARTMENT OF
STATE.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Deadlines.>> Strategy and Implementation Plan
Required.--
(1) <<NOTE: Time period.>> 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
[[Page 137 STAT. 988]]
an annual basis for 5 years, regarding the progress related to
the implementation plan required by this subsection.
(c) <<NOTE: Deadlines.>> Improvement Plan for the Bureau for
Information Resources Management.--
(1) <<NOTE: Policies. Protocols.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Summary.>> 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
[[Page 137 STAT. 989]]
tools to inform and evaluate the conduct of United States foreign
policy.
SEC. 6306. <<NOTE: 22 USC 10307.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Time period.>> 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
[[Page 137 STAT. 990]]
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. <<NOTE: 22 USC 2349cc.>> 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. <<NOTE: 22 USC 2349cc-1.>> AUTHORIZATION OF
ASSISTANCE AND FUNDING FOR CYBERSPACE,
DIGITAL CONNECTIVITY, AND RELATED
TECHNOLOGIES (CDT) CAPACITY BUILDING
ACTIVITIES.
``(a) <<NOTE: Determination.>> 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.
[[Page 137 STAT. 991]]
``(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--
[[Page 137 STAT. 992]]
``(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. <<NOTE: 22 USC 2349cc-2.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Strategy.>> 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).
[[Page 137 STAT. 993]]
``SEC. 594. <<NOTE: Time period. 22 USC 2349cc-3.>> 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. <<NOTE: 22 USC 10308.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 994]]
(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) <<NOTE: Guidance.>> 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. <<NOTE: 22 USC 2651a note.>> 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. <<NOTE: Time periods. 22 USC 2665 note.>> 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,
[[Page 137 STAT. 995]]
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) <<NOTE: Demographic data.>> 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;
[[Page 137 STAT. 996]]
(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) <<NOTE: Deadline.>> In general.--Not later than
180 days after the date of the enactment of this
division, the Secretary shall conduct a study on--
(i) <<NOTE: Time periods.>> 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--
[[Page 137 STAT. 997]]
(1) <<NOTE: Assessment.>> 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. <<NOTE: Deadlines. Time periods. 22 USC 4865
note.>> 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) <<NOTE: Updates. Contingency plans.>> 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) <<NOTE: Designation.>> 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) <<NOTE: Updates. Plan. Schedule.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 137 STAT. 998]]
(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) <<NOTE: 22 USC 2651a note.>> 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) <<NOTE: President.>> 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.
[[Page 137 STAT. 999]]
SEC. 6406. <<NOTE: 22 USC 5811 note.>> SPECIAL ENVOY FOR BELARUS.
(a) <<NOTE: President. Appointment.>> 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) <<NOTE: Human rights.>> 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;
[[Page 137 STAT. 1000]]
(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) <<NOTE: Time period.>> 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. <<NOTE: 22 USC 2735a.>> PRESIDENTIAL ENVOY FOR THE
ABRAHAM ACCORDS, NEGEV FORUM, AND RELATED
INTEGRATION AND NORMALIZATION FORA AND
AGREEMENTS.
``(a) <<NOTE: Establishment.>> 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) <<NOTE: Appointment.>> 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;
[[Page 137 STAT. 1001]]
``(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
[[Page 137 STAT. 1002]]
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) <<NOTE: Deadline.>> 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--
[[Page 137 STAT. 1003]]
``(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. <<NOTE: Reports.>> 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),
[[Page 137 STAT. 1004]]
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) <<NOTE: Time periods. Determinations.>> 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
[[Page 137 STAT. 1005]]
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) <<NOTE: Time period. Determination.>> 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) <<NOTE: Time periods.>> 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.
[[Page 137 STAT. 1006]]
``(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. <<NOTE: 22 USC 2651a note.>> 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) <<NOTE: Overview.>> 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) <<NOTE: Overview.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Summary. Analysis.>> 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) <<NOTE: Summary. Analysis.>> a summary and analysis of
current Department-funded or run training opportunities and
externally-funded programs,
[[Page 137 STAT. 1007]]
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 <<NOTE: Review.>> 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) <<NOTE: Updates.>> 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) <<NOTE: List.>> 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. <<NOTE: 22 USC 9901 note.>> 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--
[[Page 137 STAT. 1008]]
(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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 1009]]
(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 <<NOTE: Compliance.>> 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) <<NOTE: Exemption.>> 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. <<NOTE: 22 USC 9901 note.>> 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
[[Page 137 STAT. 1010]]
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) <<NOTE: Certificate.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 22 USC 2732 note.>> 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) <<NOTE: Evaluation.>> Best Practices.--The Secretary and the
Administrator of USAID shall identify 10 countries in which Embassies
and USAID
[[Page 137 STAT. 1011]]
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. <<NOTE: 22 USC 2465.>> 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 <<NOTE: Determination.>> Program. The Bureau may
determine the number of fellows selected each year, which,
whenever feasible, shall be not fewer than 25.
``(2) Outreach.--
[[Page 137 STAT. 1012]]
``(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) <<NOTE: District of Columbia.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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--
[[Page 137 STAT. 1013]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: Plan.>> a plan for factoring such lessons
learned into future programming, and
``(4) <<NOTE: Analysis.>> 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) <<NOTE: 22 USC 2465 note.>> 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) <<NOTE: Deadline.>> 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;
[[Page 137 STAT. 1014]]
(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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Deadline.>> 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. <<NOTE: 22 USC 276c-7.>> INTERNSHIPS OF UNITED STATES
NATIONALS AT INTERNATIONAL
ORGANIZATIONS.
(a) <<NOTE: Grants.>> 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.
[[Page 137 STAT. 1015]]
(c) Eligibility.--An individual referred to in subsection (a) is an
individual who--
(1) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: 22 USC 4028 note.>> 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. <<NOTE: Reports.>> 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
[[Page 137 STAT. 1016]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline. Determination.>> 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) <<NOTE: Lists.>> 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;
[[Page 137 STAT. 1017]]
(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. <<NOTE: 22 USC 2656 note.>> US-ASEAN CENTER.
(a) Defined Term.--In this section, the term ``ASEAN'' means the
Association of Southeast Asian Nations.
(b) <<NOTE: Contracts.>> 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) <<NOTE: Examination. 21 USC 2151n note.>> 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
[[Page 137 STAT. 1018]]
(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) <<NOTE: Time period.>> 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) <<NOTE: 19 USC
2434 note.>> 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) <<NOTE: 22 USC 8221.>> is
amended by striking subsection (c).
[[Page 137 STAT. 1019]]
(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. <<NOTE: Foreign countries. 22 USC 8201
note.>> 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) <<NOTE: Appointment.>> 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) <<NOTE: Time period.>> 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 <<NOTE: Reports.>> 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.
[[Page 137 STAT. 1020]]
(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. <<NOTE: 22 USC 2651a note.>> NOTIFICATION OF REVOCATION
OF CLEARANCES.
(a) <<NOTE: Deadlines.>> 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) <<NOTE: Briefing.>> 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:
[[Page 137 STAT. 1021]]
(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 <<NOTE: Intelligence Authorization Act for
Fiscal Year 2024.>> 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. <<NOTE: 50 USC 3003 note.>> 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.
[[Page 137 STAT. 1022]]
(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.
[[Page 137 STAT. 1023]]
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.
[[Page 137 STAT. 1024]]
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. <<NOTE: Deadlines.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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
[[Page 137 STAT. 1025]]
identification of hiring or other reforms to resolve such
challenges.
(4) <<NOTE: Determination.>> 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) <<NOTE: Strategy.>> 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. <<NOTE: 50 USC 3024 note.>> POLICY AND PERFORMANCE
FRAMEWORK FOR MOBILITY OF INTELLIGENCE
COMMUNITY WORKFORCE.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Processes.>> 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) <<NOTE: Determinations.>> 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''.
[[Page 137 STAT. 1026]]
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. <<NOTE: Deadline.>> 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:
[[Page 137 STAT. 1027]]
``(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) <<NOTE: 50 USC 3025 note.>> 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) <<NOTE: Assessment. Audits.>> 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) <<NOTE: Guidance. Oversight.>> 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
[[Page 137 STAT. 1028]]
appropriately shared in support of intelligence community-wide
insider threat initiatives;
``(D) <<NOTE: Evaluations.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Determinations. Notifications.>> 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) <<NOTE: Study. Data.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Determination. 50 USC 3034b note.>> 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
[[Page 137 STAT. 1029]]
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:
[[Page 137 STAT. 1030]]
``(2) <<NOTE: Time period.>> 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) <<NOTE: Termination date.>> 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. <<NOTE: Deadline. 50 USC 3115.>> 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:
[[Page 137 STAT. 1031]]
``SEC. <<NOTE: 50 USC 3244.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 50 USC 3235a.>> NOTICE AND DAMAGE ASSESSMENT
WITH RESPECT TO SIGNIFICANT
UNAUTHORIZED DISCLOSURE OR COMPROMISE
OF CLASSIFIED NATIONAL INTELLIGENCE.
``(a) Notification and Damage Assessment Requirements.--
``(1) <<NOTE: Deadlines.>> 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) <<NOTE: Summaries.>> Contents of notification.--A
notification submitted to the congressional intelligence
committees under paragraph
[[Page 137 STAT. 1032]]
(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) <<NOTE: Appraisal.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Records.>> 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) <<NOTE: Briefing.>> 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), <<NOTE: 135 Stat.
2392.>> 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
[[Page 137 STAT. 1033]]
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) <<NOTE: 20 USC 1015d note.>> 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. <<NOTE: 50 USC 3384.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Classified information.>> 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
[[Page 137 STAT. 1034]]
(iii) <<NOTE: Time period.>> 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) <<NOTE: Appointment.>> 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.
[[Page 137 STAT. 1035]]
Employment at the Intelligence Community
Counterintelligence Office is an intelligence community
joint duty assignment. <<NOTE: Time period.>> 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) <<NOTE: Time periods.>> 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. <<NOTE: Determination.>> 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) <<NOTE: Contracts.>> 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
[[Page 137 STAT. 1036]]
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). <<NOTE: Costs. schedule.>>
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. <<NOTE: 50 USC 3096 note.>> INCLUSION OF
COUNTERNARCOTICS AS SPECIAL TOPIC IN
CERTAIN BUDGET JUSTIFICATION MATERIALS.
(a) Inclusion of Counternarcotics as Special Topic. <<NOTE: Time
period. Determination.>> --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) <<NOTE: Summary.>> a summary of the main activities and
investments that such requested funding would support;
[[Page 137 STAT. 1037]]
(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) <<NOTE: Deadline.>> 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. <<NOTE: Procedures.>> --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.
[[Page 137 STAT. 1038]]
(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. <<NOTE: Deadline. Update. 50 USC 3367 note.>> --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. <<NOTE: Deadline. 50 USC 3161 note.>> 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) <<NOTE: Procedures.>> 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
[[Page 137 STAT. 1039]]
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) <<NOTE: Assessments.>> 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) <<NOTE: List.>> A list containing an identification of
each incident of noncompliance with a policy or procedure
specified in paragraph (1).
(c) <<NOTE: Reports.>> 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. <<NOTE: 6 USC 121 note.>> 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
[[Page 137 STAT. 1040]]
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
[[Page 137 STAT. 1041]]
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. <<NOTE: Recommenda- tions.>> --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.
[[Page 137 STAT. 1042]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Update.>> 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
[[Page 137 STAT. 1043]]
(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
[[Page 137 STAT. 1044]]
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) <<NOTE: List.>> 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) <<NOTE: Classified information. Summary.>> 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).
[[Page 137 STAT. 1045]]
(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)) <<NOTE: 50 USC 3227a.>> 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
[[Page 137 STAT. 1046]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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. <<NOTE: 50 USC 3385.>> 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
[[Page 137 STAT. 1047]]
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.
[[Page 137 STAT. 1048]]
SEC. 7335. <<NOTE: Mexico. Drugs and drug abuse. Law enforcement
and crime.>> CENTRAL INTELLIGENCE
AGENCY INTELLIGENCE ASSESSMENT OF
SINALOA CARTEL AND JALISCO CARTEL.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> Assessment.--Not later than 90 days after
the date of the enactment of this Act, the Director of the Central
Intelligence
[[Page 137 STAT. 1049]]
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) <<NOTE: Summary.>> 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) <<NOTE: Analysis. Taiwan.>> 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) <<NOTE: Classified information.>> 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;
[[Page 137 STAT. 1050]]
(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) <<NOTE: Evaluation.>> 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) <<NOTE: Schedule. Cost estimate.>> 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,
[[Page 137 STAT. 1051]]
psychiatrist, or other appropriate employee, as determined by
the Director.
SEC. 7338. <<NOTE: Israel>> ASSESSMENT BY DIRECTOR OF CENTRAL
INTELLIGENCE AGENCY ON CERTAIN EFFECTS
OF ABRAHAM ACCORDS.
(a) Assessment. <<NOTE: Determination.>> --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) <<NOTE: Foreign countries.>> 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) <<NOTE: Classified information.>> 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) <<NOTE: 50 USC 3531 note.>> 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
[[Page 137 STAT. 1052]]
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. <<NOTE: 50 USC 3531.>> 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
[[Page 137 STAT. 1053]]
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. <<NOTE: Review.>> The Director shall personally review,
approve,
[[Page 137 STAT. 1054]]
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) <<NOTE: Time period.>> 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. <<NOTE: Coordination.>> 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. <<NOTE: 50 USC 3532.>> 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. <<NOTE: Regulations.>> --The Director
shall develop and implement policies, regulations, personnel
training, and workforce
[[Page 137 STAT. 1055]]
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) <<NOTE: Lists.>> 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)
[[Page 137 STAT. 1056]]
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) <<NOTE: Exemption.>> 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
[[Page 137 STAT. 1057]]
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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 1058]]
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) <<NOTE: Requirement.>> 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) <<NOTE: Records.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Notification.>> 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
[[Page 137 STAT. 1059]]
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) <<NOTE: Determination.>> Such other
individuals as the Director determines appropriate.
``(2) <<NOTE: Notification.>> 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.
[[Page 137 STAT. 1060]]
``(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. <<NOTE: 50 USC 3533.>> 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
[[Page 137 STAT. 1061]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> if the Special Victim
Investigator determines that the completion of an investigation
will take longer than 60 days--
``(A) <<NOTE: Extension. Summary. Plan.>> 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) <<NOTE: Notification. Notice.>> 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) <<NOTE: 50 USC 3531 note.>> Implementation and Reporting
Requirements.--
(1) <<NOTE: Assessment.>> 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--
[[Page 137 STAT. 1062]]
(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. <<NOTE: Review.>> 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--
[[Page 137 STAT. 1063]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: China.>> the People's Republic of China; and
(2) <<NOTE: Russia.>> 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--
[[Page 137 STAT. 1064]]
(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. <<NOTE: 50 USC 3620.>> CONGRESSIONAL NOTIFICATION OF
INTELLIGENCE COLLECTION ADJUSTMENTS.
``(a) Notification. <<NOTE: Deadline. Determination.>> --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
[[Page 137 STAT. 1065]]
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) <<NOTE: 44 USC 3557 note.>> is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Implementation Report. <<NOTE: Plan.>> --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
[[Page 137 STAT. 1066]]
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) <<NOTE: Submission. Notification.>>
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) <<NOTE: Update.>> 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).
[[Page 137 STAT. 1067]]
(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. <<NOTE: Deadline.>> --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) <<NOTE: Summary.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Briefing.>> 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).
[[Page 137 STAT. 1068]]
(b) Elements.--The analysis conducted under subsection (a) shall
include--
(1) <<NOTE: Time period. Cost projections.>> 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) <<NOTE: Data. Cost savings.>> 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. <<NOTE: 50 USC 3025 note.>> 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;
[[Page 137 STAT. 1069]]
(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) <<NOTE: Deadlines.>> 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.
[[Page 137 STAT. 1070]]
(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) <<NOTE: Strategy.>> 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) <<NOTE: Review.>> 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--
[[Page 137 STAT. 1071]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: 136 Stat.
3538.>> 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. <<NOTE: Deadline.>> --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
[[Page 137 STAT. 1072]]
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
[[Page 137 STAT. 1073]]
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. <<NOTE: Deadline.>> --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) <<NOTE: Analysis.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Classified information.>> 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;
[[Page 137 STAT. 1074]]
(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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Assessments.>> 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;
[[Page 137 STAT. 1075]]
(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.
[[Page 137 STAT. 1076]]
(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. <<NOTE: Venezuela.>> 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) <<NOTE: Assessment.>> Where relevant, an assessment of
whether and how United States citizens and lawful permanent
residents have been lured to Venezuela.
(4) <<NOTE: Analysis.>> 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.
[[Page 137 STAT. 1077]]
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) <<NOTE: Analysis.>> 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) <<NOTE: Review. Analysis.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Classified information.>> 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;
[[Page 137 STAT. 1078]]
(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. <<NOTE: 22 USC 8701 note.>> 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) <<NOTE: Deadline. Assessment.>> 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.
[[Page 137 STAT. 1079]]
Sec. 7513. Policies established by Director of National Intelligence for
artificial intelligence capabilities.
Subtitle A--General Matters
SEC. 7501. <<NOTE: 50 USC 3334q.>> 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. <<NOTE: 50 USC 3034c.>> 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) <<NOTE: Deadline.>> 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--
[[Page 137 STAT. 1080]]
``(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) <<NOTE: Assessment. Evaluation.>> 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) <<NOTE: Records.>> 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) <<NOTE: Briefing.>> provide such committees
and subcommittees a briefing on the plan.
``(c) Establishment. <<NOTE: Deadline.>> --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. <<NOTE: Determination.>> --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--
[[Page 137 STAT. 1081]]
``(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
[[Page 137 STAT. 1082]]
by striking ``during the 10-year period beginning on January 1, 2022''
and inserting ``during the subsequent 10-year period''.
(c) Briefings. <<NOTE: Deadline.>> --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. <<NOTE: 50 USC 3062.>> 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. <<NOTE: Appointment.>> --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.
[[Page 137 STAT. 1083]]
``(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) <<NOTE: 50 USC 3062 note.>> 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. <<NOTE: 50 USC 3062 note.>> --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) <<NOTE: Deadlines.>> 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. <<NOTE: 50 USC 3062 note.>> --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. <<NOTE: 50 USC 3062 note.>> --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. <<NOTE: 50 USC 3334r.>> 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
[[Page 137 STAT. 1084]]
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. <<NOTE: 50 USC 3352g.>> 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. <<NOTE: Deadline.>> --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) <<NOTE: Reports.>> 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) <<NOTE: List.>> 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.
[[Page 137 STAT. 1085]]
(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) <<NOTE: Determination.>> make a
determination as to whether the additional covered
person is eligible for access to classified
information; and
(B) <<NOTE: Determination.>> 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.--
[[Page 137 STAT. 1086]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Determination.>> 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
[[Page 137 STAT. 1087]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> 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
[[Page 137 STAT. 1088]]
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. <<NOTE: Determination.>> --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) <<NOTE: Effective date. Time period.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Classified information.>> Form.--Each report
under paragraph (1) may be submitted in classified form, but if
so submitted shall include an unclassified executive summary.
(f) Termination.--
[[Page 137 STAT. 1089]]
(1) In general.--Except as provided in paragraph (2), the
Board shall terminate on September 30, 2026.
(2) <<NOTE: Time period. Notification.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 50 USC 3334s.>> 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;
[[Page 137 STAT. 1090]]
(vi) optical communication networks, including
electrophotonics; and
(vii) safety and controls for generative
artificial intelligence applications for the
intelligence community.
(3) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> recommendations for future
research priorities.
SEC. 7508. <<NOTE: 50 USC 3334t.>> 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;
[[Page 137 STAT. 1091]]
(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. <<NOTE: 50 USC 3024 note.>> 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) <<NOTE: Deadline. Determination.>> 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.
[[Page 137 STAT. 1092]]
(3) <<NOTE: Cost estimate. Time period.>> 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) <<NOTE: Deadline. Briefing.>> 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) <<NOTE: Determinations.>> 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
[[Page 137 STAT. 1093]]
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) <<NOTE: Plan. Timeline.>> 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) <<NOTE: Deadline. Timelines.>> 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) <<NOTE: 136 Stat. 3537.>> 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
[[Page 137 STAT. 1094]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Classified information.>> 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
[[Page 137 STAT. 1095]]
respect to the assessment conducted pursuant to subsection (a).
(2) <<NOTE: Definition.>> 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) <<NOTE: Guidelines.>> 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) <<NOTE: Evaluation.>> 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;
[[Page 137 STAT. 1096]]
``(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) <<NOTE: Requirements.>> 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) <<NOTE: Standards.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Sensible Classification Act of 2023. Records.>> --
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. <<NOTE: 50 USC 3301 note.>> SHORT TITLE.
This title may be cited as the ``Sensible Classification Act of
2023''.
SEC. 7602. <<NOTE: 50 USC 3350a.>> PROMOTING EFFICIENT
DECLASSIFICATION REVIEW.
(a) In General. <<NOTE: Time period.>> --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) <<NOTE: Certification.>> 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
[[Page 137 STAT. 1097]]
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. <<NOTE: 50 USC 3344a.>> 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) <<NOTE: Termination date.>> 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) <<NOTE: Deadline. Plan.>> 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.''.
[[Page 137 STAT. 1098]]
SEC. 7605. <<NOTE: 44 USC 3501 note.>> IMPLEMENTATION OF
TECHNOLOGY FOR CLASSIFICATION AND
DECLASSIFICATION.
(a) In General. <<NOTE: Deadline.>> --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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Classified information.>> 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. <<NOTE: Reports.>> 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.
[[Page 137 STAT. 1099]]
(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) <<NOTE: Applicability.>> 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
[[Page 137 STAT. 1100]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 50 USC 3352h.>> TIMELINESS STANDARD FOR
RENDERING DETERMINATIONS OF TRUST FOR
PERSONNEL VETTING.
(a) <<NOTE: President. Publication. Public
information. Standards.>> 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--
[[Page 137 STAT. 1101]]
(A) review the standards established pursuant to
paragraph (1); and
(B) pursuant to such review--
(i) <<NOTE: Update.>> update such standards
as the President considers appropriate; and
(ii) <<NOTE: Federal Register, publication.>>
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) <<NOTE: Public information.>> 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) <<NOTE: Data.>> 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) <<NOTE: Public information.>> 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.
[[Page 137 STAT. 1102]]
(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. <<NOTE: Deadline. Termination date.>> 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:
[[Page 137 STAT. 1103]]
``(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. <<NOTE: Deadline. 50 USC 3519b note.>> --Not later
than 90 days after the date of the enactment of this Act, the Director
of the Central Intelligence Agency shall--
(1) <<NOTE: Revisions.>> revise applicable regulations to
conform with the amendment made by subsection (a); and
(2) <<NOTE: Records.>> 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. <<NOTE: 50 USC 3519b note.>> INTELLIGENCE COMMUNITY
IMPLEMENTATION OF HAVANA ACT OF 2021
AUTHORITIES.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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. <<NOTE: Estimates.>> --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.
[[Page 137 STAT. 1104]]
(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) <<NOTE: Lists.>> 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
[[Page 137 STAT. 1105]]
(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) <<NOTE: Lists.>> 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) <<NOTE: Records.>> 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.
[[Page 137 STAT. 1106]]
(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''.
[[Page 137 STAT. 1107]]
(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) <<NOTE: Applicability. 50 USC 1902 note.>> 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
[[Page 137 STAT. 1108]]
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 <<NOTE: 50 USC
1801 note.>> 2008 is amended in paragraph (1) in the paragraph heading,
by striking ``december 31, 2023'' and inserting ``April 19, 2024''.
Approved December 22, 2023.
LEGISLATIVE HISTORY--H.R. 2670 (S. 2226):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 118-125 (Comm. on Armed Services) and 118-301 (Comm.
of Conference).
SENATE REPORTS: No. 118-58 (Comm. on Armed Services) accompanying S.
2226.
CONGRESSIONAL RECORD, Vol. 169 (2023):
July 12-14, considered and passed House.
July 27, considered and passed Senate, amended.
Dec. 7, 12, 13, Senate considered and agreed to conference
report.
Dec. 14, House agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2023):
Dec. 22, Presidential statement.
<all>