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Referenced Laws
Public Law 119–21
Public Law 116–92
Public Law 118–159
Public Law 117–263
Public Law 114–328
chapter 5
Public Law 117–81
Public Law 118–31
10 U.S.C. 4571
10 U.S.C. 4841
Public Law 113–291
Public Law 115–232
10 U.S.C. 4001
42 U.S.C. 19221(a)
20 U.S.C. 1002
Public Law 116–283
15 U.S.C. 4651
10 U.S.C. 2661
42 U.S.C. 9621(d)
42 U.S.C. 9601 et seq.
42 U.S.C. 300f
42 U.S.C. 16271(b)(1)
42 U.S.C. 17231(b)(6)
15 U.S.C. 6402(6)
10 U.S.C. 3062
Chapter 173
Chapter 131
10 U.S.C. 8013
10 U.S.C. 2476
Chapter 775
Chapter 803
Chapter 861
section 8617
Chapter 1
Chapter 23
section 488
Chapter 157
49 U.S.C. 40101
10 U.S.C. 113
Chapter 101
section 2004b
10 U.S.C. 1071
Chapter 1209
Chapter 3
section 328
6 U.S.C. 311
Chapter 9
Chapter 50
chapter 35
20 U.S.C. 1090
Chapter 37
50 U.S.C. 3801 et seq.
50 U.S.C. 3802
8 U.S.C. 1101
50 U.S.C. 3803
50 U.S.C. 3806(a)
50 U.S.C. 3809(b)(3)
50 U.S.C. 3811
50 U.S.C. 3813(a)
section 2009
Chapter 108
section 2165
Public Law 115–91
10 U.S.C. 8431
Chapter 853
section 8451a
Chapter 47
29 U.S.C. 50 et seq.
10 U.S.C. 1142
Public Law 88–525
7 U.S.C. 2012
chapter 85
Chapter 58
10 U.S.C. 1781
10 U.S.C. 1791
Public Law 111–84
Public Law 109–163
20 U.S.C. 7703b
20 U.S.C. 7713(9)
Public Law 106–398
20 U.S.C. 7703a
20 U.S.C. 7703(a)
20 U.S.C. 7801
20 U.S.C. 921 et seq.
20 U.S.C. 1001 et seq.
20 U.S.C. 1099b
Public Law 110–181
chapter 5
section 301e
10 U.S.C. 701(h)(1)(A)
Public Law 109–364
10 U.S.C. 1482
Chapter 54
10 U.S.C. 1060a
Chapter 55
section 1074o
10 U.S.C. 1074f
10 U.S.C. 1074
15 U.S.C. 272
10 U.S.C. 1074m
chapter 61
section 1097d
section 1076f
50 U.S.C. 1621 et seq.
42 U.S.C. 247d
50 U.S.C. 1541 et seq.
42 U.S.C. 300hh–11
10 U.S.C. 129c
Public Law 113–66
10 U.S.C. 1561
section 1100
chapter 138
40 U.S.C. 280e(d)(1)
Chapter 271
Chapter 281
Chapter 361
10 U.S.C. 2341
50 U.S.C. 4501 et seq.
Public Law 109–282
31 U.S.C. 6101
10 U.S.C. 4901
chapter 71
10 U.S.C. 3241
50 U.S.C. 3003
10 U.S.C. 4862
15 U.S.C. 632
chapter 253
chapter 87
29 U.S.C. 793
10 U.S.C. 4651
Chapter 83
10 U.S.C. 4864
chapter 388
chapter 385
21 U.S.C. 379j–41
21 U.S.C. 321(h)
50 U.S.C. 98h-3
Chapter 363
50 U.S.C. 4565
42 U.S.C. 2000a et seq.
42 U.S.C. 18741(a)
47 U.S.C. 153
10 U.S.C. 4811
50 U.S.C. 98b(a)
50 U.S.C. 98 et seq.
Public Law 103–355
15 U.S.C. 9401
50 U.S.C. 4534
15 U.S.C. 80a–2(a)(51)
15 U.S.C. 77d
Chapter 387
15 U.S.C. 644(g)(1)
15 U.S.C. 657f(c)(2)
15 U.S.C. 638(cc)
42 U.S.C. 12101 et seq.
chapter 8
chapter 6
10 U.S.C. 4871
10 U.S.C. 240b
50 U.S.C. 4405
Public Law 101–510
10 U.S.C. 8661
Chapter 863
Chapter 15
Public Law 108–136
10 U.S.C. 271
Public Law 112–81
10 U.S.C. 801
Chapter 159
10 U.S.C. 284
Public Law 114–92
2 U.S.C. 1602
8 U.S.C. 1189
50 U.S.C. 1701
Public Law 118–50
21 U.S.C. 2341
section 501(c)(3)
Chapter 903
10 U.S.C. 7771
42 U.S.C. 5195c
6 U.S.C. 671 et seq.
Public Law 110–417
Public Law 109–234
chapter 53
10 U.S.C. 1580
Chapter 81
section 1599d
chapter 33
Public Law 108–287
22 U.S.C. 8606
22 U.S.C. 2151
chapter 16
10 U.S.C. 311
22 U.S.C. 3301 et seq.
50 U.S.C. 1521
50 U.S.C. 98h-5(f)(2)
chapter 9A
50 U.S.C. 98e(a)(5)
10 U.S.C. 2223
Public Law 116–207
6 U.S.C. 650
10 U.S.C. 2224
10 U.S.C. 503
Chapter 908
Chapter 951
10 U.S.C. 2271
Chapter 135
chapter 21
section 2224a
50 U.S.C. 3341(a)
Chapter 907
Public Law 85–804
chapter 551
50 U.S.C. 3711
21 U.S.C. 387j
21 U.S.C. 351 et seq.
21 U.S.C. 387
47 U.S.C. 1601
47 U.S.C. 1607(c)
30 U.S.C. 1606(a)
25 U.S.C. 1323
25 U.S.C. 1919
Public Law 102–1
Public Law 107–243
50 U.S.C. 797
42 U.S.C. 6605
Public Law 115–32
Public Law 117–78
Public Law 117–167
42 U.S.C. 19231
section 1731
section 1732,
Chapter 323
Chapter 19
10 U.S.C. 139a
10 U.S.C. 132
10 U.S.C. 181
10 U.S.C. 3102
Chapter 7
section 185
Chapter 287
50 U.S.C. 3024(n)(6)(C)
6 U.S.C. 391(d)
10 U.S.C. 4021
10 U.S.C. 2911
10 U.S.C. 4401
Public Law 93–262
25 U.S.C. 1452
chapter 1803
10 U.S.C. 2687
Public Law 112–239
chapter 169
section 2808
section 2866
chapter 3021
10 U.S.C. 111
10 U.S.C. 2821
10 U.S.C. 9771
Public Law 108–375
42 U.S.C. 9620(h)
10 U.S.C. 2805
Public Law 86–797
16 U.S.C. 670c–1
42 U.S.C. 6834(a)(3)(D)
15 U.S.C. 9901
10 U.S.C. 2864
Chapter 979
50 U.S.C. 2538a
50 U.S.C. 2521 et seq.
50 U.S.C. 2523
50 U.S.C. 2812
42 U.S.C. 2286 et seq.
chapter 869
chapter 531
chapter 534
chapter 537
2 U.S.C. 661a(5)
33 U.S.C. 1504(a)
6 U.S.C. 468(b)
42 U.S.C. 4336e
42 U.S.C. 4321 et seq.
33 U.S.C. 1501 et seq.
Chapter 513
chapter 515
12 U.S.C. 411 et seq.
12 U.S.C. 241 et seq.
Filter:
Section 1
1. Short title This Act may be cited as the Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026. Any reference in this or any other Act to the National Defense Authorization Act for Fiscal Year 2026 shall be deemed to be a reference to the Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026.
Section 2
2. Organization of Act into divisions; table of contents This Act is organized into six divisions as follows: Division A—Department of Defense Authorizations. Division B—Military Construction Authorizations. Division C—Department of Energy National Security Authorizations and Other Authorizations. Division D—Funding Tables. Division E—Other Matters. Division F—Coast Guard Authorization Act of 2025. The table of contents for this Act is as follows:
Section 3
3. Congressional defense committees In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
Section 4
101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2026 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.
Section 5
111. Multiyear procurement authority for UH–60 Blackhawk aircraft Subject to section 3501 of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2027 program year, for the procurement of UH–60 Blackhawk aircraft. 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 2027 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. The Secretary of the Army may enter into one or more contracts, beginning in fiscal year 2026, for advance procurement associated with the aircraft for which authorization to enter into a multiyear procurement contract is provided under subsection (a), which may include procurement of economic order quantities of material and equipment for such aircraft when cost savings are achievable.
Section 6
112. Authorization to initiate early production of future long-range assault aircraft The Secretary of the Army may enter into contracts, in advance of full-rate production, for the procurement of future long-range assault aircraft as part of an accelerated low-rate early production effort. In carrying out the early production effort described in subsection (a), the Secretary of the Army shall pursue the following objectives: To expedite delivery of future long-range assault aircraft operational capability to the warfighter. To maintain momentum and learning continuity between test article completion and full production ramp-up. To stabilize and retain the specialized workforce and industrial base supporting future long-range assault aircraft, including critical suppliers and production facilities in Texas, Kansas, and other States. To mitigate cost escalation risks and improve program affordability across the life cycle. In executing the authority provided by subsection (a), the Secretary shall— prioritize program continuity, cost-efficiency, and workforce retention across the supply chain for tiltrotor aircraft; ensure that aircraft procured as part of the early production effort described in subsection (a) incorporate lessons learned from test article evaluations; and maintain flexibility in design to accommodate future upgrades through the modular open systems architecture and digital backbone. Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing detailing— the implementation plan and timeline for the procurement and early production effort described in subsection (a); the status of industrial base readiness and supply chain coordination; and estimated long-term cost savings and operational benefits derived from such early production effort.
Section 7
113. Limitation on reductions to Army Prepositioned Stocks—Afloat program sealift capability The Secretary of the Army may not reduce, withdraw, or otherwise degrade the sealift capability of the Army Prepositioned Stocks—Afloat program (referred to in this section as APS–3) until the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report that includes— a comprehensive plan for the Army Prepositioned Stocks program through fiscal year 2030, addressing modernization, sustainment, and capacity objectives for all subprograms and capabilities, including APS–3; estimated costs, schedule projections, and risk assessments for executing the plan under paragraph (1); a detailed description of any alternative solution or capability that the Army envisions would succeed or supplement APS–3, including operational employment concepts, an acquisition strategy, and a strategy for integration with joint and coalition logistics forces; an assessment of the risks, costs, and benefits associated with a potential deactivation or reduction in APS–3 capabilities; and any legislative or regulatory authorities required to implement— the plan under paragraph (1); and any alternative solution or capability identified under paragraph (3). In this section, the term sealift capability means the vessels, associated equipment, and any port-of-embarkation and port-of-debarkation infrastructure dedicated to APS–3.
Section 8
114. Limitation on availability of funds for the Next Generation Command and Control (NGC2) of the Army Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of the Army for the Army’s Next Generation Command and Control (NGC2) strategy, not more than 50 percent may be obligated or expended until the Secretary of the Army submits to the congressional defense committees a report that includes the following: The Army’s detailed funding plans for current and new procurements for its tactical network, and a cost and capability assessment of current and proposed solutions. Testing and fielding plans for any new procurements for such network, including an explanation of— how any new programs meet the resiliency requirements specified in section 168 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1251); and how any new programs will utilize NSA High Assurance certified encryption and decryption. Plans to integrate existing programs of record with new programs of record and plans to ensure systems are interoperable with both fielded systems the systems of foreign partners.
Section 9
115. Report on fielding of Link 16 military tactical data network Not later than December 1, 2025, the Secretary of the Army shall submit to the congressional defense committees a report on the plan of the Army to require and accelerate the fielding of Link 16 military tactical data networking capabilities throughout the Army, including on UH–60M and CH–47F aircraft— for command and control and fires; to ensure maximum interoperability, lethality, and survivability of combat and combat support elements supporting the Joint Force within highly contested airborne combat environments in the area of responsibility of the United States Indo-Pacific Command; and to meet joint all-domain command and control goals worldwide.
Section 10
121. Contract authority for Ford class aircraft carrier program The Secretary of the Navy may enter into one or more contracts for the procurement of not more than two Ford class aircraft carriers. The Secretary of the Navy may enter into one or more contracts for advance procurement, advance construction, and material and equipment in economic order quantities associated with the procurement of the Ford class aircraft carriers for which contracts are authorized under subsection (a). With respect to a contract entered into under subsection (a) or (b), the Secretary of the Navy may use incremental funding to make payments under the contract. Any contract entered into under subsection (a) or (b) 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 the total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.
Section 11
122. Contract authority for Columbia class submarine program The Secretary of the Navy may enter into a contract, beginning with fiscal year 2026, for the procurement of up to five Columbia class submarines. With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract. Any 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 the total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.
Section 12
123. Authority for advance procurement of certain components to support continuous production of Virginia class submarines The Secretary of the Navy may enter into one or more contracts, prior to ship authorization, for the advance procurement of covered components for Virginia class submarines, including procurement of such components in economic order quantities when cost savings are achievable. Any 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 the total liability to the Federal Government for termination of the contract shall be limited to the total amount of funding obligated for the contract at the time of termination. 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 fiscal year 2027 and each fiscal year thereafter, the Secretary of the Navy shall include a separate budget display identifying the amounts requested pursuant to this section set forth by the specific program, project, or activity under the Virginia class submarine program for which such funds are requested. In this section, the term covered components means the following components for Virginia class submarines: Propulsion plant equipment. Diesel Systems and associated components. Castings, forgings, and tank structures. Air flasks. Payload tubes. Major Valves And Associated Components. Hatches. Steering and drive components. Major Pumps And Motors. Snorkel mast and components. Torpedo tubes. Atmosphere control equipment.
Section 13
124. Authority to use incremental funding to enter into a contract for the construction of a Guided Missile Destroyer (DDG) Amounts authorized to be appropriated by this Act or otherwise made available for the Navy for Shipbuilding and Conversion for fiscal year 2026 may be used by the Secretary of the Navy to enter into an incrementally funded contract for the construction of one Guided Missile Destroyer (DDG). 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.
Section 14
125. Multiyear procurement authority for Yard, Repair, Berthing, and Messing Barges Subject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2026 program year, for the procurement of Yard, Repair, Berthing, and Messing Barges and associated material. The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2026, for advance procurement associated with the barges for which authorization to enter into a multiyear procurement contract is provided under subsection (a), which may include procurement of economic order quantities of material and equipment for such barges when cost savings are achievable. Any 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 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.
Section 15
126. Vessel construction manager for follow-on ships of the Landing Ship Medium program After the construction of the lead ship of the Landing Ship Medium program has commenced, the Secretary of the Navy shall seek to enter into an agreement with an appropriate vessel construction manager pursuant to which the vessel construction manager shall seek to enter into one or more contracts for the construction of not more than 8 additional landing ships under the program. The additional landing ships authorized to be constructed under subsection (a), shall be nondevelopmental items constructed using a design that is— the same as the design of the lead ship; or derived from such design. In this section, the term lead ship means the first landing ship procured as a commercial or nondevelopmental item as authorized under section 128(b) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159).
Section 16
127. Limitation on construction of Modular Attack Surface Craft The Secretary of the Navy may not enter into a contract or other agreement that includes a scope of work, including priced or unpriced options, for the construction, advance procurement, or long-lead material of the lead ship of the Modular Attack Surface Craft program until the Secretary certifies to the congressional defense committees that such ship will be designed and constructed for the primary purpose of operating autonomously.
Section 17
128. Inclusion of amphibious warfare ship spares and repair parts as a separate line item in Navy budget justification materials In the budget justification materials submitted to Congress in support of the Department of the Defense budget for fiscal year 2027 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the Secretary of the Navy shall include one or more dedicated line items for spare parts and repair parts for amphibious warfare ships in the budget display for other procurement, Navy. In this section, the term amphibious warfare ship has the meaning given that term in section 8062(h) of title 10, United States Code.
Section 18
129. Strategy for Navy investment in and support for the maritime industrial base Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall develop and implement a strategy for investing in and supporting the maritime industrial base to address cost and schedule challenges for surface and submarine shipbuilding programs. The strategy under subsection (a) shall— focus on ensuring reliable supplies of sequence critical components for submarine and surface shipbuilding programs; and include measures— to identify key performance indicators to measure return on investment; to centralize data collection to support further analysis of maritime industrial base performance; and to apply artificial intelligence to monitor and predict potential supply chain challenges, including potential disruptions, material shortages, delivery delays, and other such factors. Following completion of the strategy required under subsection (a), but not later than 210 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 strategy. The report shall include— a summary of the strategy; timelines for implementation of the strategy; and an explanation of how the strategy is expected to address cost and schedule challenges for surface and submarine shipbuilding programs.
Section 19
130. Modification to requirements for recapitalization of tactical fighter aircraft of the Navy Reserve Section 127 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended by striking subsection (c) and inserting the following: In this section, the term covered F–18 aircraft means— the eight F/A–18E/F Super Hornet aircraft procured using funds authorized and appropriated for the Navy during fiscal year 2023; or in lieu of an aircraft described in paragraph (1), any Block II or newer F/A–18E/F tactical fighter aircraft that— has a minimum of 2,000 flight hours of service-life remaining airframe flight time prior to the need for a required high flight-hour inspection and Service Life Modification process; and is included in the Naval Aviation Master Aviation Plan and designated for the Navy Reserve. In conjunction with the activities required under this section, the Secretary of the Navy shall ensure that the Naval Aviation Master Aviation Plan remains up-to-date and relevant with respect to aviation units of the Navy Reserve. (c)Covered F–18 aircraft definedIn this section, the term covered F–18 aircraft means— (1)the eight F/A–18E/F Super Hornet aircraft procured using funds authorized and appropriated for the Navy during fiscal year 2023; or
(2)in lieu of an aircraft described in paragraph (1), any Block II or newer F/A–18E/F tactical fighter aircraft that— (A)has a minimum of 2,000 flight hours of service-life remaining airframe flight time prior to the need for a required high flight-hour inspection and Service Life Modification process; and
(B)is included in the Naval Aviation Master Aviation Plan and designated for the Navy Reserve. (d)Master aviation planIn conjunction with the activities required under this section, the Secretary of the Navy shall ensure that the Naval Aviation Master Aviation Plan remains up-to-date and relevant with respect to aviation units of the Navy Reserve..
Section 20
131. Report on procurement strategy for submarine cable laying and repair ships 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 strategy of the Navy for procuring at least two cable laying and repair ships to replace the USNS Zeus as it nears the end of its expected service life. The report under subsection (a) shall include— a description of the full scope of the planned capabilities for the next generation of cable laying and repair ships to meet anticipated Navy requirements, including the feasibility of establishing organic capabilities; a projected timeline for the procurement of such ships, including the expected time until such ships will be operational; an explanation of how the Navy plans to meet Service requirements for submarine cable laying and repair during the period before which the Navy is able to field new capabilities. The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Section 21
141. Modification of minimum inventory requirements for air refueling tanker aircraft Section 9062(j) of title 10, United States Code, is amended— in paragraph (1), by striking a total aircraft inventory of air refueling tanker aircraft of not less than 466 aircraft and inserting a total aircraft inventory of air refueling tanker aircraft— of not less than 466 aircraft during the period ending on September 30, 2026; of not less than 485 aircraft during the period beginning on October 1, 2026, and ending on September 30, 2027; and of not less than 504 aircraft beginning on October 1, 2027. in paragraph (2), by striking below 466 and inserting below the applicable level specified in paragraph (1). None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 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. In this subsection, the term primary mission aircraft inventory has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code. a total aircraft inventory of air refueling tanker aircraft— (A)of not less than 466 aircraft during the period ending on September 30, 2026;
(B)of not less than 485 aircraft during the period beginning on October 1, 2026, and ending on September 30, 2027; and (C)of not less than 504 aircraft beginning on October 1, 2027.; and
Section 22
142. Extension of requirements relating to C–130 aircraft 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), as amended by section 145(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is amended by striking 2025 and inserting 2026. Section 146(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2455), as amended by section 145(b) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is amended by striking 2025 and inserting 2026.
Section 23
143. Modification to minimum inventory requirement for A–10 aircraft Section 134(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038) is amended by striking 96 A–10 aircraft designated as primary mission aircraft inventory until a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report under subsection (e)(2) and inserting 96 A–10 aircraft designated as primary mission aircraft inventory until October 1, 2026. During the period beginning on October 1, 2025 and ending on September 30, 2026, the Secretary of the Air Force may not— retire an A–10 aircraft; reduce funding for unit personnel or weapon system sustainment activities for A–10 aircraft in a manner that presumes future congressional authority to divest such aircraft; keep an A–10 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as XJ status); or decrease the total aircraft inventory of A–10 aircraft below 162 aircraft. The prohibition under paragraph (1) shall not apply to individual A–10 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. Not later than March 31, 2026, the Secretary of the Air Force shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of A–10 aircraft inventory and the proposed plan for divesting all A–10 aircraft prior to fiscal year 2029. The briefing shall cover, at a minimum, the following: The number of A–10 Total Aircraft Inventory aircraft disaggregated by Combat Coded Aircraft, Primary Mission Aircraft Inventory, Backup Aircraft Assigned, Attrition Reserve, tail number, and location. The planned divestment date of each such aircraft. The detailed plan for how and when the Secretary proposes to proceed with divestment of aircraft for each A–10 unit prior to fiscal year 2029. The aircraft transition plan for replacing A–10 aircraft with new or existing replacement aircraft in each unit that is divesting of the A–10 aircraft, which shall include an explanation of— how the Secretary plans to minimize adverse personnel impacts within such units, including adverse impacts with respect to retention, currency, proficiency, qualifications, certifications, and training; and how the Secretary plans to minimize or eliminate any scheduling gap that may occur with respect to a unit divesting from the A–10 aircraft and transitioning to a new or existing replacement aircraft. The information and content format that was provided in the briefing to the Committees on Armed Services of the Senate and the House of Representatives by the Headquarters Air Force, Deputy Chief of Staff for Plans and Programs (HAF/A8), on February 13, 2023, titled A–10 Divestment Placemats. Any other information the Secretary determines releveant.
Section 24
144. Preservation of certain retired KC–10 aircraft Subject to subsections (b) and (c), the Secretary of the Air Force shall preserve each KC–10 aircraft that is retired by the Secretary during a period in which the total inventory of air refueling aircraft of the Air Force is less than 504. The retired KC–10 aircraft preserved under subsection (a) shall be preserved such that each aircraft— is stored in flyable condition; can be returned to service as an air refueling aircraft (which shall include retaining the air refueling boom on the aircraft); and is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense upon a request by the Secretary of the Air Force. A KC–10 aircraft preserved under subsection (a) may be disposed of in accordance with chapter 5 of title 40, United States Code.
Section 25
145. Prohibition on availability of funds for contract termination or production line shutdown for E–7A Wedgetail aircraft None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended— to terminate the mid-tier acquisition rapid prototype contract for the E–7A aircraft; or to terminate the operations of, or to prepare to terminate the operations of, a production line for the E–7A aircraft.
Section 26
146. Limitation on procurement of KC–46 aircraft pending certification on correction of deficiencies The Secretary of Defense may not accept or take delivery of covered KC–46 aircraft in excess of the maximum quantity specified in subsection (c) until the Secretary— certifies to the congressional defense committees that the Secretary has developed and is implementing a plan of corrective actions and milestones to resolve all Category 1 deficiencies identified with respect to KC–46 aircraft; and submits such plan to such committees, which shall include— an estimate of the total amount of funds required to complete implementation of the plan; realistic event-driven schedules to achieve the objectives of the plan; and a schedule risk assessment to a minimum of 80 percent confidence level. The plan described in subsection (a)(2) shall be submitted in unclassified form, but may contain a classified annex. The maximum quantity of covered KC–46 aircraft specified in this subsection is 183 aircraft. In this section, the term covered KC–46 aircraft means new production KC–46 aircraft the procurement of which is fully funded by the United States.
Section 27
147. Requirements relating to executive airlift aircraft The Secretary of the Air Force shall conduct an analysis of alternatives to identify potential solutions for the recapitalization of the executive airlift aircraft fleet of the Air Force. In conducting such analysis, the Secretary shall seek to identify aircraft solutions that have capabilities comparable to the capabilities of commercial passenger aircraft in terms of range. The Secretary of the Air Force shall— initiate the analysis of alternatives required under paragraph (1) not later than 30 days after the date of the enactment of this Act; and complete such analysis not later than April 1, 2026. Not later than 60 days after completing the analysis of alternatives required under paragraph (1), the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the analysis. Not later than December 1, 2025, the Secretary of the Air Force shall establish standards for prioritizing access to executive airlift aircraft among authorized users of such aircraft within the Federal Government. Not later than January 1, 2026, the Secretary of Defense shall assign a career appointee (as that term is defined in section 3132(a) of title 5, United States Code) in the Senior Executive Service at the Department of Defense to coordinate— the efficient tasking of executive airlift aircraft; and compliance with rules, regulations, policies and guidance relating to such aircraft, including the prioritization standards developed under subsection (b). The career appointee assigned under paragraph (1) shall, as determined by the Secretary, have knowledge and experience relating to executive airlift aircraft, including familiarity with the executive airlift fleets of the Armed Forces and knowledge of policies and procedures for the prioritization of executive airlift users.
Section 28
148. Report on the F–47 advanced fighter aircraft program Not later than March 1, 2027, the Secretary of the Air Force shall submit to the congressional defense committees a report on the F–47 advanced fighter aircraft program. The report required under subsection (a) shall include following: A description of the F–47 aircraft program, including system requirements, employment concepts, and projected costs, schedule, and funding requirements over the period covered by the program objective memorandum process for fiscal years 2028 through 2034. The acquisition strategy for the F–47 program of record, including consideration of implementing a middle tier acquisition pathway or major capability acquisition pathway (as such terms are defined in Department of Defense Instruction 5000.85, titled Major Capability Acquisition and issued on August 6, 2020 (or a successor instruction)). A proposed fielding strategy for the F–47 aircraft, including— estimated force structure requirements; strategic basing considerations; an estimate of military construction requirements; an estimate of personnel training requirements; and an integrated total force fielding concept, including an analysis of Air National Guard and Air Force Reserve operational integration and associations. The report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex.
Section 29
149. Extension of prohibition on certain reductions to B–1 bomber aircraft squadrons Subsection (d)(1) of section 133 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1574), as most recently amended by section 146 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1810), is further amended by striking September 30, 2026 and inserting September 30, 2030.
Section 30
150. Plan for recapitalization and modernization of the fighter fleet of the Air National Guard The Secretary of the Air Force, in consultation with the Director of the Air National Guard, shall develop a plan for the recapitalization and modernization of the fighter fleet of the Air National Guard. The plan required under subsection (a) shall include— measures to sustain and recapitalize the fighter fleet of the Air National Guard, including each of the 25 Air National Guard fighter aircraft squadrons; a timeline for the recapitalization of such fighter fleet, disaggregated by fighter aircraft squadron and fiscal year; the estimated costs of the proposed recapitalization plan; and an explanation of the expected impact of the plan on operational and personnel readiness. Not later than July 1, 2026, the Secretary of the Air Force shall submit to the Committee on Armed Services of the House of Representatives a report on the plan developed under subsection (a).
Section 31
151. Amendments to prohibition on operation, procurement, and contracting related to foreign-made light detection and ranging Section 164(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended to read as follows: The Secretary of Defense may not— operate, enter into or renew a contract for, the procurement of— a covered light detection and ranging technology (referred to in this section as LiDAR technology) that— is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; uses operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or a system or systems that incorporates, interfaces with, or otherwise uses LiDAR technology as described in subparagraph (A); or enter into or renew a contract with an entity that operates a covered LiDAR technology to perform a Department of Defense contract. (a)ProhibitionsThe Secretary of Defense may not—
(1)operate, enter into or renew a contract for, the procurement of— (A)a covered light detection and ranging technology (referred to in this section as LiDAR technology) that—
(i)is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; (ii)uses operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or
(iii)uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or (B)a system or systems that incorporates, interfaces with, or otherwise uses LiDAR technology as described in subparagraph (A); or
(2)enter into or renew a contract with an entity that operates a covered LiDAR technology to perform a Department of Defense contract..
Section 32
152. Annual GAO reviews of the F–35 aircraft program Not later than March 1, 2026, and on an annual basis thereafter until the termination date specified in subsection (c), the Comptroller General of the United States shall— complete a review of the F–35 aircraft program; and submit to the congressional defense committees a report on the results of the review. Each review and report under subsection (a) shall include an assessment of— the cost, scope, and schedule of the F–35 aircraft program and its subprograms; the status of the efforts of the Department of Defense to modernize the F–35 aircraft; and such other matters relating to the F–35 aircraft program as the Comptroller General determines appropriate. The requirements of this section shall terminate on the date on which all development, production, and fielding activities under the F–35 aircraft acquisition program have ceased.
Section 33
153. Sense of Congress on domestic procurement of defense articles for AUKUS partnership It is the sense of Congress that— researching, producing, and procuring defense articles for the AUKUS partnership from within the United States boosts local economies and improves national security by enhancing domestic defense article production capabilities; and the Secretary of Defense should promote and prioritize domestic manufacturing, supply chains, and research for defense articles intended for use by members of the AUKUS partnership. In this section, the term AUKUS partnership means the enhanced trilateral security partnership between Australia, the United Kingdom, and the United States announced in September 2021.
Section 34
154. Prohibition on availability of funds for non-tactical electric vehicles or components produced by child and slave labor None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be obligated or expended for the procurement of non-tactical electric vehicles, advanced-biofuel-powered vehicles, hydrogen-powered vehicles, or any components or spare parts associated with such vehicles that are not in compliance with the prohibition on the acquisition of products produced by forced or indentured child labor under subpart 22.15 of the Federal Acquisition Regulation (or any successor regulations).
Section 35
155. Report on next generation fuel cells Not later than March 15, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the development and integration of next-generation self-sealing fuel cells (referred to in this section as NexGen fuel cells) into the rotorcraft fleets of the Army, Navy, and Air Force). The report shall include each of the following: An assessment of any negative effects on readiness associated with using the fuel cells in use as of the date on the enactment of this Act that are based on World War II-era technology and manufacturing processes. An identification of any readiness, fiscal, and other benefits of incorporating NexGen fuel cells into the rotorcraft fleets the Army, Navy, and Air Force. Plans or concepts for developing and incorporating NexGen fuel cells into the H-60 fleets of the Army, Navy, and Air Force. Such other matters the Secretary determines relevant.
Section 36
201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.
Section 37
202. Funding for virtual engineering for Army readiness and sustainment Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test and Evaluation, Next-Generation Combat Vehicle Advanced Technology, line 052, as specified in the corresponding funding table in section 4201, for Virtual Engineering for Army Readiness and Sustainment, is hereby increased by $7,000,000. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Army, for Land Forces Systems Readiness, line 080, as specified in the corresponding funding table in section 4301, is hereby reduced by $7,000,000.
Section 38
203. Funding for humanitarian airborne mobile infrastructure capability Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test and Evaluation, Army for Ground Advanced Technology, line 043, as specified in the corresponding funding table in section 4201, for Humanitarian Airborne Mobile Infrastructure Capability, is hereby increased by $4,200,000. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Army, for Land Forces Systems Readiness, line 080, as specified in the corresponding funding table in section 4301, is hereby reduced by $4,200,000.
Section 39
204. Funding for fuel cell multi-modular use utilizing hydrogen Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test and Evaluation, Army for Ground Advanced Technology, line 043, as specified in the corresponding funding table in section 4201, for Fuel Cell Multi-Modular Use (FC-MMU) Utilizing Hydrogen, is hereby increased by $10,000,000. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Army, for Land Forces Systems Readiness, line 080, as specified in the corresponding funding table in section 4301, is hereby reduced by $10,000,000.
Section 40
205. Funding for advanced group 1 small unmanned aerial systems for special operations forces Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, Special Operations Command, intelligence systems development, line 290 (program element 1160405BB), is hereby increased by $3,000,000 (with the amount of such increase to be made available for ultra-lightweight Group 1 small unmanned aerial systems—advanced Group 1 small unmanned aerial systems). Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Army, as specified in the corresponding funding table in section 4301, for maneuver units, line 010, is hereby reduced by $3,000,000.
Section 41
206. Funding for National Defense Education Program Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for basic research, National Defense Education Program, line 6, is hereby increased by $5,000,000 (with the amount of such increase to be used to strengthen and expand STEM education opportunities and workforce initiatives targeted at military students). Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for Operation and Maintenance, Defense-wide, for Washington Headquarters Services, line 530, as specified in the corresponding funding table in section 4301, is hereby reduced by $5,000,000.
Section 42
207. Funding for the development, test, and integration of adaptable radar capabilities Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test, and Evaluation Defense-Wide, line 75, as specified in the corresponding funding table in section 4201, for development, test, and integration of adaptable radar capabilities is hereby increased by $6,000,000. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Army for Additional Activities, line 140, as specified in the corresponding funding table in section 4301 for program decrease is hereby reduced by $6,000,000.
Section 43
208. Funding for advanced drone development for special operations and low-intensity conflict Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense Wide, as specified in the corresponding funding table in section 4201, for SO/LIC ADVANCED DEVELOPMENT for drone development is hereby increased by $7,500,000. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for SERVICEWIDE TRANSPORTATION, ARMY, line 390 as specified in the corresponding funding table in section 4301, for program decrease is hereby reduced by $7,500,000.
Section 44
209. Funding for quantum communications corridor for Navy research, development, test, and evaluation Notwithstanding the amounts set forth in funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test, and Evaluation, Navy, for Future Naval Capabilities Applied Research, Line 012, as specified in the corresponding funding table in section 4201, is hereby increased by $50,000,000 for the development of a quantum communications corridor linking certain Department of Defense installations, national laboratories, and universities conducting Department of Defense research. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Army, for Force Readiness Operations Support, Line 070, as specified in the corresponding funding table in section 4301, is hereby reduced by $50,000,000.
Section 45
210. Funding for smart susceptor technology Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test and Evaluation, Manufacturing Technology Program, line 28, as specified in the corresponding funding table in section 4201, for Smart Susceptor Technology is hereby increased by $5,000,000. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to by appropriated in section 301 for Operations and Maintenance, Defense-Wide, for Washington Headquarters Services, line 530, as specified in the corresponding funding table in section 4301, is hereby reduced by $5,000,000.
Section 46
211. Modification to authority to award prizes for advanced technology achievements Subsection (a) of section 4025 of title 10, United States Code, is amended by striking , acting through the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the service acquisition executive for each military department,. Subsection (c) of such section is amended to read as follows: No prize competition may result in the award of a prize with a fair market value of more than $20,000,000 without the approval of the Secretary of Defense. Subsection (g)(1) of such section is amended by striking $10,000,000 and inserting the amount specified in subsection (c). (c)LimitationNo prize competition may result in the award of a prize with a fair market value of more than $20,000,000 without the approval of the Secretary of Defense..
Section 47
212. Modification to mechanisms to provide funds to defense laboratories and other entities for research and development of technologies for military missions Section 4123 of title 10, United States Code, is amended— in the section heading, by inserting and test organizations after defense laboratories; by inserting or test organization after laboratory each place it appears; and in subsection (a)(3), by inserting or test organizations after laboratories.
Section 48
213. Modification to authority for acquisition, construction, or furnishing of test facilities and equipment Section 4174 of title 10, United States Code, is amended— in subsection (a), by striking A contract of a military department and inserting A covered contract; and by adding at the end the following new subsections: In a case in which research, developmental, or test facilities and equipment described in this section are used to support multiple contracts or programs across different military departments, other Federal agencies outside the Department of Defense, or eligible non-Federal entities, a jointly funded project may be established. Under a jointly funded project, the Secretary of Defense (or the Secretary’s designee) shall enter into a written agreement with each entity participating in the project. Each such agreement shall, at a minimum, address the following: Cost sharing arrangements, including the proportion of total project costs to be borne by each entity. Allocation of access to the facilities and equipment, including prioritization procedures in cases of competing demands. Management and oversight responsibilities, including the designation of a lead agency. Ownership and intellectual property rights related to the facilities, equipment, and any resulting data or inventions. Dispute resolution mechanisms. A non-Federal entity, including a private company, academic institution, or non-profit organization, may participate in a jointly funded project under this subsection only if the Secretary of Defense determines such participation is in the national security interest and consistent with applicable laws and regulations. The Secretary of Defense shall issue regulations to implement this subsection. Such regulations shall include specific criteria for evaluating proposed jointly funded projects, standardized agreement templates, and procedures for ensuring the transparency and accountability of such projects. In this section, the term covered contract means— a contract of a military department; or a contract for a jointly funded project as described subsection (c). Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue or revise regulations (as necessary) to clarify that the authority for acquisition, construction, or furnishing of test facilities and equipment under section 4174 of title 10, United States Code, applies to contracts funded using funds appropriated or otherwise made available for— research, development, test, and evaluation, including science and technology funds designated as budget activity 1 (basic research), budget activity 2 (applied research), and budget activity 3 (advanced technology development) (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)); and operation and maintenance, to the extent that such funds are used to support activities authorized under such section. (d) (1)In a case in which research, developmental, or test facilities and equipment described in this section are used to support multiple contracts or programs across different military departments, other Federal agencies outside the Department of Defense, or eligible non-Federal entities, a jointly funded project may be established.
(2)Under a jointly funded project, the Secretary of Defense (or the Secretary’s designee) shall enter into a written agreement with each entity participating in the project. Each such agreement shall, at a minimum, address the following: (A)Cost sharing arrangements, including the proportion of total project costs to be borne by each entity.
(B)Allocation of access to the facilities and equipment, including prioritization procedures in cases of competing demands. (C)Management and oversight responsibilities, including the designation of a lead agency.
(D)Ownership and intellectual property rights related to the facilities, equipment, and any resulting data or inventions. (E)Dispute resolution mechanisms.
(3)A non-Federal entity, including a private company, academic institution, or non-profit organization, may participate in a jointly funded project under this subsection only if the Secretary of Defense determines such participation is in the national security interest and consistent with applicable laws and regulations. (4)The Secretary of Defense shall issue regulations to implement this subsection. Such regulations shall include specific criteria for evaluating proposed jointly funded projects, standardized agreement templates, and procedures for ensuring the transparency and accountability of such projects.
(e)In this section, the term covered contract means— (1)a contract of a military department; or
(2)a contract for a jointly funded project as described subsection (c)..
Section 49
214. Extension of limitation on availability of funds for fundamental research collaboration with certain academic institutions Section 238(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1842) is amended by inserting or fiscal year 2026 after fiscal year 2025.
Section 50
215. Modification to policies for management and certification of Link 16 military tactical data link network Section 228(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4571 note) is amended— in paragraph (1)(A), by striking the Nevada Test and Training Range, Restricted Area 2508, Warning Area 151/470, Warning Area 386, and the Joint Pacific Alaska Range Complex and inserting military special use airspace including all prohibited areas, restricted areas, warning areas, and military operational areas; in paragraph (2), in the matter before subparagraph (A), by striking training, and large-scale exercises. and inserting regular training, and large-scale exercises. Under such processes, approval of Link 16 operations shall be presumed and denial of Link 16 operations shall be accompanied with substantiated evidence demonstrating compromise of safety due to electromagnetic interference.; and in paragraph (5), by inserting regular before training.
Section 51
216. Support for research and development of bioindustrial manufacturing processes Section 215 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 redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and by inserting after subsection (c) the following new subsection: The activities described in subsection (c), including the design and construction of facilities, are applicable to funds authorized to be appropriated for the Department of Defense for research, development, test, and evaluation. (d)Applicability of fundingThe activities described in subsection (c), including the design and construction of facilities, are applicable to funds authorized to be appropriated for the Department of Defense for research, development, test, and evaluation..
Section 52
217. Extension of authority for assignment to Defense Advanced Research Projects Agency of private sector personnel with critical research and development expertise Subsection (e) of section 232 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. note prec. 4091) is amended by striking September 30, 2025 and inserting September 30, 2030. Subsection (f)(2) of such section is amended by striking section 2302 and inserting section 3014.
Section 53
218. Post-employment restrictions for participants in certain defense research Except as provided under subsection (c), as a condition of becoming or remaining a principal investigator of a covered defense research project, a person shall agree that during the 3-year period beginning on the last day the person is a principal investigator of such research, such person may not seek or accept employment, or conduct any activity, for which a foreign entity of concern provides financial compensation or in-kind benefits. Except as provided under subsection (c), as a condition of becoming or remaining an employee at a laboratory of the Department of Defense, a person shall agree that during the 3-year period beginning on the last day the person is an employee at such laboratory, such person may not seek or accept employment, or conduct any activity, for which a foreign entity of concern provides financial compensation or in-kind benefits. The Secretary of Defense may waive the restrictions under subsections (a) and (b) with respect to a United States person if, not later than 30 days before issuing the waiver, the Secretary submits to the congressional defense committees a notice of the waiver that includes— an unclassified justification for the waiver; and a description of any Department of Defense funds provided to the person for which the waiver is issued or to the research in which the person participated. Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process, under the initiative established in section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note), to ensure that, when a person who previously made an agreement in subsection (a) or (b) applies for funding to conduct a covered defense research project in the future— the employer of such person can certify that the person complied with the requirements in subsections (a) and (b); and that a person whose employer cannot make the certification in paragraph (1) is ineligible to participate in the covered defense research project. Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall— determine which technologies are critical or emerging from among the technologies for which the Department funds research; and shall make the results of such determination publicly available. This section shall apply with respect to research that begins on or after the date that is one year after the date of the enactment of this Act. In this section: The term foreign entity of concern has the meaning given that term in section 10612(a) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19221(a)) and includes a foreign entity that is identified on the list published under section 1286(c)(9)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note). The term covered defense research project means a research project that— is operated by an institution of higher education or a subsidiary of an institution of higher education; is funded, in whole or in part, by the Department of Defense; and involves a critical or emerging technology. The term critical or emerging technology means a technology that the Secretary determines to be critical or emerging in accordance with subsection (e). The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
Section 54
219. National Security and Defense Artificial Intelligence Institute The Secretary of Defense may establish at least one National Security and Defense Artificial Intelligence Institute (referred to in this section as an Institute) at an eligible host institution. A National Security and Defense Artificial Intelligence Institute referred to in subsection (a) is an artificial intelligence research institute that— is focused on a cross-cutting challenge or foundational science for artificial intelligence systems in the national security and defense sector; establishes partnerships among public and private organizations, including, as appropriate, Federal agencies, institutions of higher education, including community colleges, nonprofit research organizations, Federal laboratories, State, local, and Tribal governments, and industry, including the Defense Industrial Base and startup companies; has the potential to create an innovation ecosystem, or enhance existing ecosystems, to translate Institute research into applications and products used to enhance national security and defense capabilities; supports interdisciplinary research and development across multiple institutions of higher education and organizations; and supports workforce development in artificial intelligence related disciplines in the United States. The Secretary of Defense may award financial assistance to an eligible host institution, or consortia thereof, to establish and support one or more Institutes. Financial assistance awarded under paragraph (1) may be used by an Institute for— managing and making available to researchers accessible, curated, standardized, secure, and privacy protected data sets from the public and private sectors for the purposes of training and testing artificial intelligence systems and for research using artificial intelligence systems with regard to national security and defense; developing and managing testbeds for artificial intelligence systems, including sector-specific test beds, designed to enable users to evaluate artificial intelligence systems prior to deployment; conducting research and education activities involving artificial intelligence systems to solve challenges with national security implications; providing or brokering access to computing resources, networking, and data facilities for artificial intelligence research and development relevant to the Institute’s research goals; providing technical assistance to users, including software engineering support, for artificial intelligence research and development relevant to the Institute’s research goals; engaging in outreach and engagement to broaden participation in artificial intelligence research and the artificial intelligence workforce; and such other activities as may determined by the Secretary of Defense. Financial assistance under paragraph (1) shall be awarded for a five-year period, and may be renewed for not more than one additional five-year period. A eligible host institution or consortia thereof seeking financial assistance under paragraph (1) shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require. In awarding financial assistance under paragraph (1), the Secretary of Defense shall use a competitive, merit-based review process. In awarding financial assistance under paragraph (1), the Secretary of Defense may collaborate other departments and agencies of the Federal Government with missions that relate to or have the potential to be affected by the national security implications of artificial intelligence systems. No financial assistance authorized in this section shall be awarded to an entity outside of the United States. All recipients of financial assistance under this section, including subgrantees, shall be based in the United States and shall meet such other eligibility criteria as may be established by the Secretary of Defense. In this section, the term eligible host institution means an institution of higher education in the United States that conducts research sponsored by the Department of Defense.
Section 55
220. Responsible development and deployment of biotechnology within the Department of Defense The Secretary of Defense shall issue policies and guidelines on the responsible development and deployment of biotechnology within the Department of Defense. The Secretary shall designate a senior civilian official within the Office of the Secretary of Defense to serve as the executive agent to develop the policies and guidelines under paragraph (1). The Secretary shall ensure that the policies and guidelines under paragraph (1) are developed in consultation with— the Under Secretary of Defense for Research and Engineering; the Under Secretary of Defense for Policy; and individuals representing industry, academia, and civil society. The Secretary shall make the policies and guidelines under paragraph (1) publicly available. The policies and guidelines under subsection (a)(1) shall include the following: Definitions related to the responsible development and use of biotechnology. An assessment of whether, and to what extent, existing statutes, regulations, directives, manuals, or instructions limit the ability of the Department of Defense to provide guidelines for the responsible development of emerging biotechnology. Guidelines encouraging the safe use of biotechnology products under appropriate regulatory and other oversight processes. Policies relating to informed consent of members of the Armed Forces participating in the development of biotechnology products that have not received regulatory approval. Policies relating to whether, and under which conditions, irreversible or heritable treatments of potential biotechnology applications are acceptable. Policies relating to the potential effects of biotechnologies on the environment. Policies relating to the compliance by and obligations of the Department of Defense with respect to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on their Destruction (commonly referred to as the Biological Weapons Convention). Such other matters as the Secretary of Defense determines relevant. 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 on the policies and guidelines under subsection (a)(1), including the methodologies used to develop the policies and guidelines. The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. The Secretary of Defense shall make report required under paragraph (1) publicly available, except such publicly available version of the report may not include any classified annex provided under paragraph (2). During the two-year period beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees an annual briefing on the implementation of the policies and guidelines under subsection (a)(1), including a description of any needed resources for such implementation.
Section 56
221. Department of Defense biotechnology workforce training Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and carry out a training program— for members of the covered Armed Forces, civilian employees of the Department of Defense, and contractors of such Department whose duties the Secretary determines include— creating or deploying novel biotechnologies; analyzing, preparing for, or responding to biological threats; or planning, research and development, engineering, or testing and evaluation of systems (including quality control and assurance, procurement and contracting, logistics, and cost estimating) regarding biotechnology; and on biotechnology and other relevant critical and emerging technologies. The Secretary shall consult with leadership and workforce training managers in the Department to develop and implement such training program and identify the individuals described in subsection (a) based on— the needs and priorities of the Department; and the relevance of the training to the individuals’ positions. The material covered in the training programs shall be customized by Department leadership to align with specific needs and mission requirements. The Secretary shall define the essential skills for biotechnology personnel to better understand what Federal personnel should undergo training and how to customize training for groups. The training program established under this section shall, at a minimum, include information on— the fundamental science underlying biotechnology, artificial intelligence and other relevant critical and emerging technologies; concepts relating to the technological features of biotechnology systems; applications of biotechnology in defense, health, agriculture, energy, environment, and other relevant areas; the ways in which artificial intelligence, quantum computing, and other technologies are leveraged to advance biotechnology; mechanisms by which the Federal Government supports, funds, purchases, and deploys biotechnology and its applications; ways in which the Federal Government can benefit from biotechnology; ethical, social, and legal aspects of biotechnology including ways of incorporating a wide range of stakeholder perspectives throughout research and innovation cycles; ways to mitigate the risks described in previous subparagraphs, including efforts to create and identify biotechnologies that are reliable, safe, and trustworthy; and future trends in biotechnology, including intersections with artificial intelligence, quantum computing, autonomous systems, robotics, advanced manufacturing, and other relevant technologies, as well as trends for economic and national security, and innovation. Any individual described under subsection (b)(1) shall complete training under this section annually. The Secretary shall ensure interactive learning with scholars and experts from private, public and nonprofit sectors is included under the training programs. The Secretary shall provide access to courses through institutions of professional military education, such as the National Defense University. The training programs established under this section shall be updated each year to review and cover advances in biotechnology and its convergence with other critical and emerging technologies. The Secretary shall update the training programs established under this section to provide continuing technology education for individuals described in subsection (a) and include requirements for refresher training on the latest advances in biotechnology science, laboratory work, equipment and software. The Secretary shall establish mechanisms to measure participation in training programs required under this section, and to receive and consider feedback from program participants to improve training. Not later than six months 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 that includes a plan to establish and implement the training programs required under this section. This section and the training programs required to be carried out by this section shall terminate on the date that is five years after such programs are established under subsection (a). In this section: The term artificial intelligence has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (division E of Public Law 116–283). The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force.
Section 57
222. Biotechnology supply chain resiliency program The Secretary of Defense, in coordination with the Secretaries of the military departments and the heads of relevant Defense Agencies, may establish and implement a program (referred to in this section as the Program) to develop, scale, and transition biotechnology research from the military service laboratories, including biotechnology-based chemicals, materials, fuels, and other products relevant to the mission of the Department of Defense that support the resilience, sustainability, and responsiveness of the defense supply chain. Under the Program, the Secretary of Defense may carry out the following activities: Conduct an assessment of supply chain vulnerabilities in the Department of Defense. Direct the military service laboratories to establish mechanisms to collaboratively— conduct applied research, including experimentation, advanced technological development, advanced component development, and rapid prototyping in bioindustrials, biomanufacturing, and related disciplines to support defense missions; develop, prototype, test, and transition biologically derived materials and products to reduce reliance on foreign supply chains and vulnerable supply chains; upgrade, expand, or construct physical and digital infrastructure, including laboratory facilities, of the Department and its partners to support bioindustrial research, development, testing, prototyping, and production; as needed, enter into contracts, cooperative agreements, grants, or other transactions with relevant Federal entities and non-Federal entities such as commercial entities, research institutions, and academic organizations to execute the activities under this paragraph; and support education, training, and workforce development initiatives to build and sustain a skilled bioindustrial and biomanufacturing workforce. Collaborate across the military departments, Defense Agencies, and other Federal entities to ensure alignment with national bioindustrial and supply chain strategies. Promote the development and utilization of next-generation feedstocks and processes in ways that support local economic growth. Modernize infrastructure through investment in facilities that enable rapid prototyping and advanced materials testing. Establish performance metrics and benchmarks to measure progress toward operational integration and transition to programs of record. In the event the Secretary carries out the Program, the Secretary of Defense shall— prioritize technologies and capabilities that address critical defense supply chain vulnerabilities and enhance military readiness, including technologies and capabilities necessary to— reduce logistics through field-enabled manufacturing of materials such as construction-grade bio-cement and deployable infrastructure components; enhance performance through development of novel materials including protective coatings and biologically derived composites; or improve cost efficiency of manufacturing and reduce dependency on foreign supply chains; consult with representatives of industry, academia, and other Federal agencies with relevant expertise, to accelerate development and transitions; and ensure the Program supports the development and fielding of emerging technologies such as biotechnologies that provide operational and strategic advantages to the Armed Forces, including through— cross-service and public-private partnerships; and applied research, pilot-scale production, and technology transition efforts focused on biomanufacturing and materials innovation. Not later than 90 days after electing to commence the Program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for the allocation of appropriations to fund the Program. Not later than one year after commencing the Program, and annually thereafter until the Program terminates under subsection (c), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing all activities carried out under the program. Each report shall include, to the extent applicable, the following: A summary of key research, development, and prototyping efforts initiated or continued during the year covered by the report, including technical objectives, anticipated defense applications, and funding. A list of significant partnerships or agreements executed with industry, academic institutions, and other Federal agencies, including the purpose, national security nexus, and funding level of each such partnership or agreement. An assessment of infrastructure enhancements undertaken to support bioindustrial development and scale-up, including facility modernization and equipment acquisition. An evaluation of program performance against established milestones or metrics, including progress toward the transition of technologies to operational use or acquisition programs. An identification of major technical, logistical, or policy challenges encountered, and actions taken to mitigate such challenges. Any recommendations for additional authorities, funding mechanisms, or interagency coordination necessary to enhance the effectiveness of the Program. Each report under this subsection shall be submitted in unclassified form but may contain a classified annex. Except as provided in paragraph (2), the authority to carry out the Program shall terminate on the date that is 10 years after the date of the enactment of this Act. The Program may be continued after the termination date specified in paragraph (1) if, before such date, the President— determines that continuation of the Program is necessary to meet national economic or national security needs; and submits notice of such determination to the Committees on Armed Services of the Senate and the House of Representatives.
Section 58
223. Review and alignment of standards, guidance, and policies relating to digital engineering Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department, in coordination with the officials specified in subsection (c), shall complete a comprehensive review of the standards, guidance, and policies relating to digital engineering within the covered Armed Forces under the jurisdiction of that Secretary. Each review under paragraph (1) shall include, with respect to the covered Armed Forces under the jurisdiction of the Secretary concerned, the following: A review of the reference architectures, standards, and best practices for the use of digital engineering tools (including digital twins and digital threads) as in effect at the time of the review, including standards for the use of such tools at all stages of program design, development, and testing. Identification of the current standards guiding the use of such digital engineering tools, at all stages of program design, development, and testing. Assessment of— the extent to which the use of such standards and related governance structures is consistent across the covered Armed Forces under the jurisdiction of the Secretary concerned; and the level of interoperability of such standards across such Armed Forces. Identification of best practices for digital engineering within each such Armed Force. Recommendations for improvements to the use of digital engineering tools in each such Armed Force. Not later than 180 days after the date on which the Secretary of a military department completes the review required under subsection (a), the Secretary shall develop and implement a standard reference architecture to guide the use of, and best practices for, digital engineering for program design, development, and testing within each covered Armed Force under the jurisdiction of that Secretary. Each reference architecture shall include— a framework and clear requirements for developing and deploying digital engineering tools across program lifecycles; and defined standards for data management and modeling. Not less frequently than once every three years following implementation of the standard reference architecture required under paragraph (1), each Secretary of a military department shall— conduct periodic reviews of the reference architecture to ensure it effectively addresses advancements in technology and evolving operational needs; and if necessary, modify the reference architecture to address such advancements and needs. Before a reference architecture may be implemented under this subsection, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, shall— review and approve the reference architecture; and submit certification of such approval to the head of the covered Armed Force involved. Based on the reviews conducted under paragraph (3), the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, shall— identify and develop recommendations regarding areas in which further standardization of reference architectures across the covered Armed Forces may be feasible; and submit such recommendations to the Secretaries of the military departments. The officials specified in this subsection are the following— The Under Secretary of Defense for Acquisition and Sustainment. The Under Secretary of Defense for Research and Engineering. The Director of Operational Test and Evaluation. In this section: The term covered Armed Forces means the Army, Navy, Air Force, Marine Corps, and Space Force. The term reference architecture means an authoritative source of information about a specific subject area that guides and constrains the instantiations of multiple architectures and solutions, as described in the guidance of the Office of the Assistant Secretary of Defense titled Reference Architecture Description, dated June 2010, or any successor to such guidance.
Section 59
224. Application of software innovation and data management plans to modernize test and evaluation infrastructure The Director of the Test Resource Management Center, in coordination with the officials specified in paragraph (4), shall establish and maintain a digital test and evaluation environment for developmental and operational testing of warfighting capabilities. The digital test and evaluation environment required under paragraph (1) shall— incorporate commercially-derived data management, analysis, and operations software tools to enable rapid test and evaluation; enable real-time and iterative data collection, management, analysis, and feedback loops across the life cycle of tested systems; provide secure environments for testing systems with operational security sensitivities; and use a modular open system approach (as defined in section 4401 of title 10, United States Code) to ensure the environment can be accessed by multiple vendors and is interoperable with multiple data sources, data formats, and digital tools. In procuring software and covered hardware (as defined in section 3603 of title 10, United States Code) for the digital test and evaluation environment required under paragraph (1), the Director of the Test Resource Management center shall use a software acquisition pathway described in section 3603 of title 10, United States Code. The officials specified in this paragraph are— the Director of the Defense Innovation Unit; the Director of Operational Test and Evaluation; and each chief of a covered Armed Force. Before a covered Armed Force may conduct a test and evaluation event, an appropriate official from the Armed Force shall submit to the Director of Operational Test and Evaluation and the Director of the Test Resource Management Center a data management plan for the event. Such data management plan may be included as part of the Test and Evaluation Master plan submitted for the event pursuant to Department of Defense Directive 5000.100. The Director of Operational Test and Evaluation and the Director of the Test Resource Management Center shall jointly develop standard requirements for the data management plans required under paragraph (1). Each such data management plan shall include, with respect to the test and evaluation event covered by the plan— identification of relevant data to be collected during the event; methodologies for analyzing data after testing is complete; and any other information the Directors determine appropriate. The Director of the Defense Innovation Unit and the Director of the Test Resource Management Center, in coordination with the Director of Operational Test and Evaluation, shall jointly carry out a pilot program to determine how commercial software can be used to accelerate and improve testing for priority mission areas— to accelerate continuous integration and continuous testing of warfighting capabilities by applying industry best practices and tooling for scalability, advanced analysis, and data sharing on identified priority use cases; and to enable continuous and iterative testing throughout capability design, development, engineering, and fielding. The Director of the Defense Innovation Unit and the Director of the Test Resource Management Center, in coordination with the Director of Operational Test and Evaluation, shall— not later than 120 days after the date of the enactment of this Act, submit to the congressional defense committees an interim report that includes an implementation plan for the pilot program under paragraph (1); and following submittal of the report under subparagraph (A), but not later than 270 days after the date of the enactment of this Act, submit to the committees a report on the progress of the pilot program, which shall include a description of— the metrics used to measure the performance of commercial software under the program; the initial findings of the program; and based on such findings, any identified roadblocks or limitations to using commercial software and digital tools for accelerated testing. The authority to carry out the pilot program under this subsection shall terminate five years after the date of the enactment of this Act. In this section, the term covered Armed Force means the Army, Navy, Air Force, Marine Corps, and Space Force.
Section 60
225. Demonstration of near real-time monitoring capabilities to enhance weapon system platforms Subject to the availability of appropriations, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the chiefs of the Armed Forces, shall carry out a program to equip selected weapon system platforms with onboard, near real-time, end-to-end serial bus and radio frequency monitoring capabilities to ensure continuous operational oversight and cybersecurity health and resiliency. The Secretary of Defense shall implement the program under subsection (a) in phases as follows: Not later than 90 days after the date of the enactment of this Act, the Secretary shall— select not fewer than 3 and not more than 5 weapon system platform fleets for initial participation in the program, prioritizing the MH–60R and MQ–9 aircraft fleets; and complete the initial deployment of monitoring capabilities to such platforms. Not later than one year after the date of the enactment of this Act, the Secretary shall extend monitoring capabilities to the complete fleets of selected platforms and complete initial data collection and analysis from all participating platforms. Not later than one year after the date of the enactment of this Act, the Secretary shall, subject to the availability of appropriations— select not fewer than 3 and not more than 5 weapon system platform fleets, in addition to those selected under paragraph (1), for participation in the program, prioritizing platforms that demonstrate the highest potential for cybersecurity improvement and operational readiness gains based on program data analysis; and complete initial deployment of monitoring capabilities to such additional platforms. Not later than 18 months after the date of the enactment of this Act, the Secretary shall complete a comprehensive evaluation of the monitoring capabilities demonstrated under the program, including cybersecurity effectiveness, potential applicability of data to maintenance improvements, and development of scalability recommendations for potential Department-wide implementation. Each chief of an Armed Force with a weapon system platform participating in the program under subsection (a) shall collect and provide to the Secretary of Defense data regarding the platform and the monitoring capabilities demonstrated under the program, including data on— cyber threat detection effectiveness; maintenance efficiency improvements; safety incident investigation and predictive maintenance accuracy; operational readiness and mission capable rates improvements; and interoperability and data sharing capabilities across platforms and services. The Secretary shall analyze the data provided under paragraph (1) to assess— integration challenges and suggestions for overcoming such challenges in a future Department-wide program; scalability requirements for broader Department-wide implementation; and novel approaches for utilizing existing resources in an austere fiscal environment to expand capabilities across the Department. In conjunction with the activities required under this section, the Secretary of Defense may develop and implement an artificial intelligence capability to create up-to-date and accurate records of the weapons inventory of the Department of Defense. In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2028 (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include proposed funding levels for the program expansion authorized under subsection (b)(3). Not later than 90 days after the date of the enactment of this Act, and annually thereafter for each of the following five years, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the program. Each report shall include, with respect to the period covered by the report— implementation plans for the program; identification of the weapon system platforms selected for participation in the program; and analysis of any data collected under the program.
Section 61
226. Western regional range complex demonstration The Secretary of Defense shall carry out a demonstration of a joint multi-domain kinetic and non-kinetic testing and training environment across military departments by interconnecting existing ranges and training sites in the western States to improve joint multi-domain training and further testing, research, and development. The demonstration carried out pursuant to subsection (a) shall use existing ranges and range capability, unless capability gaps are identified in the process of planning specific demonstration activities. The demonstration carried out pursuant to subsection (a) shall include the following: Electromagnetic spectrum operations. Electromagnetic warfare. Operations that blend kinetic and non-kinetic effects. Operations in the information environment. Joint All Domain Command and Control (commonly known as JADC2). Information warfare, including the following: Intelligence, surveillance, and reconnaissance. Offensive and defensive cyber operations. Electromagnetic warfare. Space operations. Psychological operations. Public affairs. Weather operations. In carrying out subsection (a), the Secretary shall seek to complete an initial demonstration, interconnecting two or more ranges or testing sites of two or more military departments in the western States, subject to availability of appropriations, not later than one year after the date of the enactment of this Act. Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on— a phased implementation plan and design to connect ranges and testing sites in the western States, including the initial demonstration required by subsection (d); how the design architecture of the plan is in alignment with recommendations of the 2020 Department of Defense Electromagnetic Spectrum Superiority Strategy; and how the design architecture will support high-periodicity training, testing, research, and development. In this section: The term information environment means the aggregate of individuals, organizations, and systems that collect, process, and disseminate, or act on information. The term Secretary means the Secretary of Defense. This section shall terminate on September 30, 2028.
Section 62
227. Reimbursement of National Guard for research, development, test, and evaluation expenses Amounts authorized to be appropriated after the date of the enactment of this Act for the Department of Defense for research, development, test, and evaluation shall be available for reimbursement of pay, allowances, and other expenses which would otherwise be incurred against appropriations for the reserve components of the Armed Forces, including the National Guard, in cases in which members of the such reserve components provide support to research, development, test, and evaluation projects in which their involvement furthers the project because of a member’s or unit’s availability, qualifications, experience, or education. Nothing in this section shall be construed— to authorize a deviation from established personnel and training procedures of the reserve components of the Armed Forces, including the National Guard; or to authorize the direct engagement of members or units of such components to conduct independent research, development, test and evaluation projects.
Section 63
228. Prohibition on availability of funds for animal research in collaboration with foreign countries of concern None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended— to carry out research, development, test, evaluation, or training activities involving animals— in collaboration with a foreign country of concern; or at any facility located in, or owned or controlled (directly or indirectly) by, a foreign country of concern; or to enter into a contract or other agreement, or make a grant, pursuant to which such activities would be carried out. In this section, the term foreign country of concern has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 15 U.S.C. 4651).
Section 64
229. Prohibition on availability of funds for gain of function research None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended— to conduct gain-of-function research on any potential pandemic pathogen at any facility operated by or on behalf of the Department; or to award contracts, grants, cooperative agreements, or any other form of financial assistance to any institution of higher education, nonprofit organization, private entity, or other research institute that is conducting gain-of-function research on potential pandemic pathogens. The Secretary of Defense may waive the prohibition under subsection (a) on a case-by-case basis, with respect to an individual research project, grant, contract, or cooperative agreement, if the Secretary determines that such a waiver is in the national interests of the United States. Not later than 30 days before the date on which an award is made, a project is initiated, or an agreement entered into, with respect to which a waiver is made under paragraph (1), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of such waiver. In this section: The term gain-of-function research means any research that may be reasonably anticipated to confer an attribute to a pathogen such that the pathogen would have enhanced pathogenicity or transmissibility in mammals. The term potential pandemic pathogen means a pathogen that, as a result of any gain-of-function research— is likely more transmissible or likely capable of wide and uncontrollable spread in human populations; is likely more virulent or likely to cause modest or greater morbidity or mortality in humans; or is likely to pose a severe threat to public health, the capacity of the public health systems to function, or national security.
Section 65
230. Limitation on availability of funds pending compliance with requirements relating to the Joint Energetics Transition Office Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense and available for the Office of the Under Secretary of Defense for Acquisition and Sustainment for travel expenses, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense— establishes a Joint Energetics Transition Office as required under section 148 of title 10, United States Code; and submits to the congressional defense committees the reports required under subsections (b) and (c) of section 241 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 136 Stat. 208). The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary— determines that extenuating circumstances justify such a waiver; and provides to the congressional defense committees a briefing on the reasons for such determination.
Section 66
231. Prioritization of partnerships with institutions of higher education in certain research areas In exercising the authority to enter into partnerships to support the research, development, test, and evaluation activities of the Department of Defense, the Secretary of Defense shall prioritize partnerships with institutions of higher education conducting research on hypersonics, biotechnology, and artificial intelligence. Not later than 180 days 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 that identifies any ongoing partnerships with institutions of higher education as described in subsection (a).
Section 67
232. Research, development, and implementation of unattended robotic process automation The Secretary of Defense shall carry out activities to support the research, development, implementation, and oversight of unattended robotic process automation within the Department of Defense. Such activities shall include— the allocation of funding for research and development initiatives to enhance the capabilities of unattended robotic process automation in combat, intelligence analysis, and defense infrastructure management; the development and implementation of a framework for expanding unattended robotic process automation technologies across mission-critical operations, logistics, and administrative processes of the Department, with priority given to interoperability, cybersecurity protections, and real-time adaptability of automated systems; the implementation of policies and processes to ensure that any deployment of unattended robotic process automation adheres to existing cybersecurity and defense data protection regulations; and the establishment of a task force to oversee the implementation, effectiveness, and long-term integration of unattended robotic process automation within the Department. 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 progress of the Secretary in carrying out the activities required under subsection (a). Such report shall include— performance metrics for such activities; an analysis of the cost-effectiveness of such activities; and an assessment of the potential risks associated with the expansion of unattended robotic process automation within the Department of Defense.
Section 68
233. Pilot program on modernized health and usage monitoring systems to address obsolescence in Marine Corps rotary-wing and tiltrotor aircraft Not later than 180 days after the date of enactment of this Act, the Secretary of the Navy shall establish and carry out a pilot program to evaluate commercially available, next-generation Health and Usage Monitoring Systems (referred to in this section as HUMS) technologies intended to address obsolescence issues affecting legacy HUMS currently installed on Marine Corps rotary-wing and tiltrotor aircraft. In conducting the pilot program, the Secretary of the Navy shall assess whether modernized HUMS technologies— effectively mitigate obsolescence risks associated with legacy HUMS systems; enhance the operational readiness, availability, and sustainment of Marine Corps rotary-wing and tiltrotor aircraft; and deliver advanced predictive analytics capabilities, reducing maintenance burden and lifecycle costs. The pilot program shall be carried out for a period not exceeding one year. Not later than 90 days after completion of the pilot program, the Secretary of the Navy shall submit to the congressional defense committees a report summarizing— the pilot program results, including effectiveness in addressing obsolescence, improving predictive maintenance, and enhancing readiness and aircraft availability; and recommendations regarding broader adoption of evaluated HUMS technologies across the Marine Corps rotary-wing and tiltrotor aircraft fleet. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test, and Evaluation, Defense-wide, for Management Support, Aviation Safety, Line 201 (PE 0606301D8Z), as set forth in the funding table in section 4201, is hereby increased by $5,000,000. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for Procurement for Other Procurement, Army, IAMD Battle Command System, Line 116, as specified in the corresponding funding table in section 4101, is hereby reduced by $5,000,000. The pilot program shall be conducted in coordination with appropriate Marine Corps aviation stakeholders, including operational and technical authorities responsible for aviation maintenance and readiness.
Section 69
234. Pilot program on modernized health and usage monitoring systems to address obsolescence in army rotary-wing aircraft Not later than 180 days after the date of enactment of this Act, the Secretary of the Army shall establish and carry out a pilot program to evaluate commercially available, next-generation Health and Usage Monitoring Systems (referred to in this section as HUMS) technologies to address obsolescence issues affecting legacy monitoring systems installed on Army rotary-wing aircraft. In carrying out the pilot program, the Secretary of the Army shall assess whether modernized HUMS technologies— effectively mitigate obsolescence risks associated with legacy HUMS systems; significantly enhance operational readiness of rotary-wing aircraft; provide effective predictive maintenance capabilities resulting in reduced maintenance costs and increased aircraft availability; and extend operational lifespan of existing rotary-wing platforms. The pilot program shall be carried out for a period not exceeding one year. In selecting rotary-wing aircraft for participation in the pilot program, the Secretary of the Army is encouraged to prioritize platforms whose evaluation would yield broadly applicable results, including potential relevance to rotary-wing aircraft operated by other branches of the Armed Forces. Not later than 90 days after completion of the pilot program, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes— an assessment of the tested HUMS technologies’ effectiveness in addressing obsolescence and improving readiness; and recommendations for potential broader adoption across the Army rotary-wing fleet, including consideration of applicability to similar rotary-wing aircraft operated by other branches of the Armed Forces. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test, and Evaluation, Defense-wide, for Management Support, Aviation Safety, Line 201 (PE 0606301D8Z), as set forth in the funding table in section 4201, is hereby increased by $5,000,000. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for Procurement for Other Procurement, Army, IAMD Battle Command System, Line 116, as specified in the corresponding funding table in section 4101, is hereby reduced by $5,000,000. The pilot program shall be conducted in coordination with the Future Vertical Lift Cross-Functional Team and the Program Executive Office Aviation.
Section 70
235. Initiative on studying advanced artificial intelligence, national security, and strategic competition The Secretary of Defense shall establish and carry out an initiative (referred to in this section as the Initiative) to prepare the Department of Defense to fully harness the transformative potential of advanced artificial intelligence, assess the national security and defense implications of advanced artificial intelligence, and analyze strategic competition factors relating to the People’s Republic of China’s pursuit of advanced artificial intelligence. The Secretary of Defense shall designate an appropriate agency or office within the Department of Defense to have primary responsibility for carrying out the initiative described in subsection (a). Any such designation shall not prohibit other agencies or offices within the Executive Branch from being consulted or otherwise supporting the efforts of the lead office. Under the Initiative, the agency or office designated by the Secretary of Defense under subsection (b) shall do the following: Review industry documents and assessments of advanced artificial intelligence, including preparedness frameworks, scaling policies, and risk management frameworks of advanced artificial intelligence developers. Engage with leading artificial intelligence developers and researchers to characterize and anticipate the capabilities of highly advanced artificial intelligence relevant to national security to inform military planning, societal preparedness, and Department of Defense adopt plans, including via interviews, site visits, roundtables, expert discussions, and other forms of engagement with relevant experts. Identify strategies for the Department of Defense to encourage adoption and fully leverage advanced artificial intelligence systems, assess the comparative adoption to other nations, and manage national security threats from advanced artificial intelligence competition. In assessing adoption strategies, the Secretary shall evaluate the implications of advanced artificial intelligence for the national defense and form a plan for addressing implications for the Department of Defense’s processes, systems, functions, capabilities, and adoption pathways. The plan shall include— an assessment of the steps needed to prepare the Department of Defense workforce to leverage the transformative potential of advanced artificial intelligence; an assessment of Department of Defense processes and workflows that are most likely to be substantially impacted by the introduction of advanced artificial intelligence within or outside the structure of each process or workflow, and the offices that will be primarily responsible for managing the evolution of those processes; identifying internal Department of Defense policies that require revision, elimination, or creation to effectively and responsibly harness advanced artificial intelligence; a framework for developing the artificial intelligence infrastructure to scale the use of advanced artificial intelligence, including requirements for— artificial intelligence factories that manage the entire artificial intelligence life cycle; data foundries that effectively and efficiently manage government, commercial, and synthetic data; edge infrastructure for employing advanced artificial intelligence in warfighting use cases at all levels of command; and other critical enabling infrastructure, such as information technology systems and energy sources; recommendations for resourcing the materiel and nonmateriel solutions identified in subparagraphs (A) through (D); and recommendations for resourcing critical artificial intelligence assurance activities, such as test and evaluation, continuous monitoring, governance, and the creation of assurance case artifacts. Examine the potential implications of advanced artificial intelligence on key areas of national defense, including chemical, biological, radiological, and nuclear capabilities, advanced cyber capabilities, model autonomy, strategic deception, advanced research and development capabilities for producing increasingly powerful artificial intelligence, military applications of artificial intelligence for warfighting functions, and other areas in which advanced artificial intelligence may pose a threat to national security or national defense. In consultation with the Director of National Intelligence, monitor and assess the progress of the People’s Republic of China in developing advanced artificial intelligence and assess the implications of such development for strategic competition. In assessing such progress, the Secretary shall examine key factors in areas critical for People’s Republic of China progress toward advanced artificial intelligence, including— an assessment of the People’s Republic of China’s overall efforts toward advanced artificial intelligence, including overall progress, activities to develop or acquire such systems, relative progress compared to United States entities, efforts to prevent loss of control from such systems, and attitudes of the Chinese Communist Party and other influential figures toward advanced artificial intelligence risks and safety approaches; identification of the primary entities in the People’s Republic of China that are leading in the development of advanced artificial intelligence; identification of the top researchers in the People’s Republic of China who are most essential for the development of advanced artificial intelligence; identification of specific data centers, energy infrastructure, and other resources most critical to the People’s Republic of China’s progress toward advanced artificial intelligence (including plans for future data centers); identification and assessment of the top methods to robustly detect advanced artificial intelligence development by the People’s Republic of China, including methods to assess the degree to which the People’s Republic of China is developing advanced artificial intelligence capabilities that pose significant risks to the national security of the United States; identification of the top methods that can be used to disrupt advanced artificial intelligence projects of the People’s Republic of China and an assessment of their efficacy and limitations; an assessment of efforts originating in the People’s Republic of China to acquire technology and information from entities operating within the United States or other nations to advance progress toward advanced artificial intelligence, including advanced semiconductors, research findings, or insights relating to training or inference; and a comparative assessment of efforts in the People’s Republic of China and United States to characterize and mitigate security risks from advanced artificial intelligence systems, including an evaluation of how leading researchers and policymakers in each country conceptualize the national security risks posed by uncontrolled or misaligned advanced artificial intelligence. In consultation with the Director of National Intelligence and the Secretary of Homeland Security, assess the security capabilities of leading United States artificial intelligence developers, with a focus on their ability to protect advanced artificial intelligence systems, model weights, and key insights from the People’s Republic of China and other highly resourced adversaries. Assess the national security risks posed by uncontrolled or misaligned advanced artificial intelligence. The assessment, focusing on the People’s Republic of China and the United States, shall include— an examination of emerging capabilities relevant to misaligned or uncontrolled artificial intelligence, including automated artificial intelligence research, recursive self-improvement, ability to deceive humans, agentic capabilities, and other capabilities or processes that could undermine robust or trustworthy human oversight; a review of research on AI misalignment, alignment faking, deception, and other related areas in which artificial intelligence systems appear to act in ways that diverge from the intentions or values of their developers or in ways that diverge from United States values or interests; an assessment of current capabilities within the United States Government to detect and monitor the threats described above, including evaluations of the ability to identify early warning signs or imminent threats relating to recursive self-improvement, offensive cyber use, alignment faking, or other system misbehavior; recommendations for improving the identification, mitigation, and response to risks from uncontrolled or misaligned artificial intelligence systems, with particular attention to interagency coordination and collaboration with the private sector, academic institutions, and allied governments; and implications for the Department of Defense’s approach toward adopting or deploying advanced artificial intelligence. Create materials and prepare plans to address acute national security risks or crises involving advanced artificial intelligence, including risks from uncontrolled or misaligned advanced artificial intelligence systems, which shall include— developing and conducting unclassified and classified scenario exercises, wargames, tabletop exercises, and other similar efforts to understand how advanced artificial intelligence capabilities could present acute national security risks or crises or pose a risk to existing operational plans of the Department of Defense; developing preparedness plans detailing governmental response strategies to scenarios described in subparagraph (A), including detailed information describing how the Department of Defense would coordinate with relevant entities of the United States (such as advanced artificial intelligence developers, compute cluster providers, and government officials) in the event of an acute national security risk or crisis; and identifying potential gaps in the Department of Defense’s authorities, relationships, personnel, or other factors that could affect the Department’s ability to address scenarios described in subparagraph (A) or execute strategies described in subparagraph (B). Develop potential strategies and recommendations to prevent adversaries from acquiring advanced artificial intelligence that would pose a grave national security threat if acquired or stolen. As part of this effort, the Secretary shall assess the potential of a hypothetical centralized, highly secure, Department of Defense-led project to securely develop advanced artificial intelligence. This evaluation shall consider factors including the governance structure, cybersecurity and physical security protocols, counterintelligence and antiespionage measures against the People’s Republic of China and other foreign adversaries, chain-of-command, size and location of the project, resources and personnel required, contingency and emergency response plans, geopolitical considerations, and other elements to ensure that the project supports United States national security objectives. Additional strategies may include export controls, counterespionage measures, and approaches for protecting sensitive information relevant to national security or advanced artificial intelligence development and deployment. Provide policy and resourcing recommendations to the Secretary of Defense, the President, and Congress relating to the topics covered by the Initiative. Not later than 90 days 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 detailing the organizational structure, staffing requirements, and initial objectives of the Initiative; and provide to the Committees a briefing on the matters set forth in the report. Not later than 180 days after the submission of the initial report under paragraph (1), and every 180 days 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 activities carried out under the Initiative since the date of the last report under this subsection, including any findings, assessments, and recommendations with respect to the national security implications of advanced artificial intelligence; and provide to the Committees a briefing on the matters set forth in the report. The authority to carry out this section shall terminate 10 years after the date of the enactment of this Act. In this section: The term artificial intelligence has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061). The term advanced artificial intelligence means artificial general intelligence and other advanced artificial intelligence systems at the frontier of performance, including systems that match or exceed human expert performance in key skills, tasks, or knowledge areas, such as in the areas of chemical, biological, radiological, and nuclear capabilities, cyber offense, model autonomy, persuasion, research and development, self-improvement, or military strategy.
Section 71
236. Joint Reserve Detachment of the Defense Innovation Unit Section 1766(a) of title 10, United States Code, is amended by striking may establish and inserting shall establish and maintain.
Section 72
237. Development of internet access technologies by the Defense Innovation Unit The Director of the Defense Innovation Unit (referred to in this section as the Unit) shall undertake efforts to support the development of low-cost, easily scalable, and rapidly deployable technologies to counter internet shutdowns or limitations on network access abroad, particularly those imposed by adversary countries, to enable populations to overcome such restrictions. In carrying out the responsibilities under subsection (a), the Director of the Unit shall prioritize the following objectives: Identifying and supporting the development of technologies capable of overcoming internet blackouts and network disruptions imposed by an adversary country and facilitating internet and network access, including— low Earth orbit satellite internet infrastructure; mesh networking solutions; portable and deployable communication systems; and virtual private networks. Collaborating with industry, academia, and relevant stakeholders to accelerate the research, development, and deployment of such technologies. Conducting pilot programs and field experiments to test the effectiveness and scalability of developed solutions in real-world settings. Providing technical assistance and resources to partner organizations, governments, and nongovernmental entities engaged in efforts to expand internet access. Identifying and evaluating off-the-shelf technologies that could be rapidly procured and deployed to address internet access challenges in targeted regions. The Director of the Unit shall collaborate with the head of the Defense Acquisition University to leverage expertise in acquisition processes and practices related to carrying out the objectives under subsection (b) with the aim of— integrating best practices in defense acquisition into the research, development, and deployment processes of technologies developed by the Unit to facilitate internet access; ensuring that technologies developed by the Unit align with acquisition priorities and strategies of the Department of Defense; providing training and educational opportunities for Unit personnel on acquisition principles, regulations, and procedures, with a focus on technology development for countering censorship and related restrictions; fostering dialogue and exchange of knowledge between acquisition professionals and innovation specialists to enhance the effectiveness and efficiency of defense technology acquisition related to internet access technologies; and collaborating on the development of acquisition strategies that prioritize the rapid acquisition and deployment of technologies aimed at countering censorship and restrictions on internet access. Not later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the Director of the Unit shall submit to the Secretary of Defense and the congressional defense committees a report detailing the progress, challenges, and outcomes of the efforts undertaken pursuant to this section.
Section 73
238. Limitation on availability of funds for realignment of the research, development, test, and evaluation function for Army ammunition None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to realign the research, development, test, and evaluation function for Army ammunition away from the current Joint Program Executive Office Armaments and Ammunition or Joint Capabilities Portfolio Executive Ammunition construct until a period of 180 days has elapsed following the date on which the report required under subsection (b) is submitted to the congressional defense committees. Not later than November 1, 2026, the Secretary of the Army shall submit to the congressional defense committees a report that includes the following with respect to the proposed realignment of functions described in subsection (a): An explanation of whether Army personnel, including contractors, would be required to relocate to a new location and if so an estimate of how many personnel would relocate and to what locations. An explanation of whether the Army expects to build new facilities and infrastructure at new locations to accomplish the research, development, test, and evaluation function for Army ammunition and, if so, identification of— what new facilities and infrastructure would have to be constructed; and where such facilities and infrastructure would be constructed. A detailed estimate of the costs of relocating personnel and equipment and constructing new facilities and infrastructure. A detailed explanation of the efficiencies, if any, that the Army expects to realize by realigning the research, development, test, and evaluation function for Army ammunition to Capabilities Portfolio Executive Fires. In consultation with the with the Secretary of the Navy and the Secretary of the Air Force, a determination as to whether realigning the research, development, test, and evaluation function for Army ammunition to Capabilities Portfolio Executive Fires will hinder or impede the joint construct that Joint Program Executive Office Armaments and Ammunition has traditionally maintained with the Navy, Marine Corps, and Air Force.
Section 74
241. Feasibility study on incorporating militarily-relevant applications of emerging biotechnology into wargaming exercises The Chairman of the Joint Chiefs of Staff shall conduct a review to determine the feasibility and advisability modifying the design of wargaming exercises to ensure that such exercises incorporate militarily-relevant applications of emerging biotechnology. In conducting the review required under subsection (a), the Chairman of the Joint Chiefs of Staff shall take into account— biotechnology-enabled enhancements that improve the cognitive and physical performance of warfighters; biotechnology-enabled chemicals and materials intended to provide a strategic advantage on the battlefield; adversaries’ use of biotechnology for military purposes beyond traditional biological weapons; and any other militarily-relevant applications of biotechnology determined appropriate by the Chairman. In conducting the review under subsection (a), the Chairman of the Joint Chiefs of Staff shall consult with— the commanders of the combatant commands; and other stakeholders within and outside the Department of Defense, as necessary, to identify recent militarily-relevant advancements in the field of biotechnology that could potentially be incorporated into exercises. Not later than 180 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff 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). The report shall include— a detailed summary of any recommended modifications to wargaming exercises; and if applicable, a plan for regularly updating the design of such exercises to keep pace with advances in biotechnology. In this section, the term wargaming exercise means a military exercise conducted to test or improve tactical expertise, and includes the Globally Integrated Wargames.
Section 75
242. Feasibility study on use of cloud laboratories The Secretary of Defense shall conduct a review to determine the feasibility and advisability of using cloud laboratories at the Department of Defense to provide authorized researchers with access to high-quality experimental instrumentation and data collection for purposes of generating high-quality data. In conducting the review required under subsection (a), the Secretary of Defense shall take into account— best practices for cloud computing methods to safely store sensitive data, such as biological data; considerations related to cybersecurity, biosecurity, research security, and data privacy; estimated costs for the construction and sustainment of cloud laboratories; estimated timelines for establishing cloud laboratories; and consideration of how cloud laboratories can improve the quality and quantity of data to improve research and development of novel technologies. 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 review conducted under subsection (a). In this section, the term cloud laboratory means a physical laboratory equipped with automation and data storage to conduct experiments.
Section 76
243. Quarterly reports on termination of critical technology research awards Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: With respect to the quarter preceding the date of the report, identification of each covered award that was terminated by the Department of defense on the basis that the award no longer effectuates the programs goals or agency priorities as provided under the Department of Defense Research and Development General Terms and Conditions (dated March 2025), or any related or successor guidance. For each covered award identified under paragraph (1)— an explanation of whether or not that award was meeting relevant objectives and requirements; and a justification for the termination of the award. In this section: The term covered award means an award made by the Department of Defense relating to the research or development of any of the 14 critical technology areas. The term 14 critical technology areas means the critical technology areas described in the memorandum of the Under Secretary of Defense for Research and Engineering issued on February 1, 2022, titled USD(R&E) Technology Vision for an Era of Competition, or any successor guidance.
Section 77
244. Report on Department of Defense market research of critical technology and capabilities Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Research and Engineering and the Under Secretary of Acquisition and Sustainment, shall submit to the congressional defense committees a report that— reviews and assesses the ability of the Department of Defense to conduct effective and thorough market research on critical existing and emerging defense technologies; and makes recommendations for the improvement of such market research capabilities. The report under subsection (a) shall include the following: An assessment of the strategic market evaluation practices across developmental innovation and acquisition offices, including practices that are aligned for purposes of investigating existing commercial technology capabilities in critical technologies and capabilities. Recommendations on ways to improve market research and commercial sector due diligence within key Department of Defense innovation and acquisition offices, with a particular focus on deeper engagement with existing private sector entities. An assessment of the current status of development maturity and growth in critical technological market areas. An assessment of regulatory, legal, and administrative barriers in testing and evaluation of such critical technologies that may delay their maturation and development, such as— a lack of authority to operate new technologies domestically; and barriers to direct commercial sales and foreign military sales for such critical technologies. An assessment of how the barriers described in paragraph (4) may be addressed to direct additional investment and speed development. An assessment of current practices of accumulating and storing market research data across the Department of Defense enterprise, from early-stage research and development efforts to mature commercial solutions. Recommendations, with respect to each critical technology sector, for enhancing private sector participation, lowering barriers to entry for commercial sector entities, decreasing capital costs required for development, and shortening internal Department of Defense timelines for major acquisition decisions. Recommendations for the creation of standardized best practices for market research and commercial sector due diligence within key innovation and acquisition organizations in the Department of Defense. In preparing the report under subsection (a) the Secretary shall seek input from relevant individuals and organizations in commercial industry and the venture capital sector.
Section 78
245. Report on low-cost undersea effectors It is the sense of Congress that— the Defense Innovation Unit’s (DIU) Low Cost Undersea Effectors Commercial Solutions Opening (CSO), which seeks to demonstrate affordable, mission-specific small and medium unmanned underwater vehicles (UUVs) capable of supporting subsea and seabed warfare, intelligence, surveillance, reconnaissance (ISR), and expeditionary warfare, offers the potential to deliver kinetic effects, ISR, and expeditionary capabilities at low cost, with reduced training and logistics burdens, and in quantities sufficient to enable distributed maritime operations; the Low-Cost Undersea Effectors CSO should be fully funded and executed to its intended scope, with particular emphasis on transitioning viable systems to scaled production rapidly; the Secretary of the Navy should plan for and execute procurement of successful systems emerging from the Low-Cost Undersea Effectors CSO, including by leveraging Other Transaction Authority, rapid acquisition authorities, and appropriate research, development, test, and evaluation (RDT&E) and procurement accounts; and early adoption of commercially derived, low-cost unmanned underwater vehicles will complement, rather than compete with, traditional programs of record, and will enable novel operational concepts ensuring our national security edge in undersea warfare. Not later than 180 days after the date of enactment of this Act, the Secretary of the Navy, in coordination with DIU, shall provide a briefing to the congressional defense committees on the Low-Cost Undersea Effectors CSO, including— the funding plan and execution status for the Low-Cost Undersea Effectors CSO; Navy plans to begin limited procurement of successful CSO awardees for operational experimentation and fleet integration; pathways for scaling production of low-cost UUVs; and steps to ensure small business and non-traditional defense contractors remain central to future acquisition in this domain.
Section 79
246. Report on electronic warfare capability for unmanned surface vessels Not later than 90 days from the date of the enactment of this Act, the Assistant Secretary of the Navy for Research, Development, and Acquisition shall submit to the congressional defense committees an unclassified report on planned development of a configurable, low-cost, expendable electronic warfare capability to support unmanned surface vessel survivability. The report required under subsection (a) shall include the following: An assessment of currently available electronic warfare capabilities for unmanned surface vessels and limitations of current technology. A determination of funding availability for fiscal years 2026 through 2030 by program element to support the rapid development of configurable low-cost electronic warfare capabilities for multi-class unmanned surface vessels. A determination of funding availability from Public Law 119–21. An assessment of current and future satellite radar detection capabilities in finding and tracking ocean-going unmanned surface vessels by any country determined by the Secretary of State to be a foreign adversary with such capabilities. A list of possible technical requirements for a multi-class, affordable, low-power, and expendable electronic warfare system. A rapid acquisition strategy for this capability.
Section 80
247. Department of Defense biotechnology strategy Not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a strategy on the national security implications of emerging biotechnologies, including the future role that biotechnology will play in defense, and means to improve industry, interagency, and international relationships in this sector. The strategy required pursuant to subsection (a) shall include the following elements: How the Department of Defense will develop and expand a network of commercial facilities for the biomanufacture of products that are critical for defense needs. Review and update of military specifications in order to better incorporate or substitute current products with biotechnology-based products. Updated plans and policies for the Department to enter into advance market commitments and offtake agreements for biotechnology products that have defense applications. A description of how the Department could better incorporate military-relevant applications of emerging biotechnology into wargaming exercises, tabletop exercises, or other net assessment analyses. The benefits and costs of issuing a research grand challenge, or a series of challenges, that focus on making biotechnology predictably engineerable and how the Department would implement such research grand challenge, or challenges. Development of a biotechnology regulation science and technology program within the Department, including development of digital infrastructure to support simplified regulation and the development of biometrology tools. Updated plans and policies for inter-governmental support that the Department could provide in encouraging member countries of the North Atlantic Treaty Organization (NATO) to aggregate demand and pool purchasing power for biotechnology products. Review of plans and guidance on how the Department can work to develop, integrate, and disseminate biotechnology research initiatives across member countries of the North Atlantic Treaty Organization, and how the Department might coordinate with international stakeholders to utilize the combined research capabilities of such member countries to drive a biotechnology development approach.
Section 81
248. Plan to support advanced manufacturing and materials for hypersonics research and development The Under Secretary of Defense for Acquisition and Sustainment shall develop a plan for allocating up to $20,000,000 to develop a comprehensive set of advanced manufacturing practices and advanced materials for hypersonics research and development. At a minimum, the plan under subsection (a) shall— address— intelligence-optimized robotic forming; additive and subtractive manufacturing methods; precision joining (laser, e-beam, friction stir) for dissimilar metals and metal/CMC interfaces; and advanced materials and processing; and define qualification artifacts (process allowable, non-destructive inspection procedures, and digital-thread data standards) and pilot lines executed by consortia of primes, startups, and Federal labs, with TRL/MRL, cost, and lead-time objectives. Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the plan developed under subsection (a).
Section 82
249. Strategy for the development of friction stir additive manufacturing technologies Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a comprehensive report outlining the strategy of the Department of Defense for the research, development, and deployment of friction stir additive manufacturing technologies. The report required by subsection (a) shall include the following: An assessment of the strategic importance of developing and deploying friction stir additive manufacturing technologies for national defense, including their potential to enhance supply chain resilience, manufacturing agility, and operational readiness. A detailed summary of current and planned Department of Defense programs and initiatives that are supporting the development, testing, or implementation of friction stir additive manufacturing technologies. An analysis of key areas of operational impact of such technologies, including— expeditionary manufacturing and sustainment capabilities; deployable micro-factory systems for forward operating bases or contested environments; and development of ultra-large-scale friction stir additive manufacturing techniques for critical defense infrastructure and platforms.
Section 83
250. Report on research relating to the upper atmosphere and near-space environment It is the sense of Congress that— the upper atmosphere and near-space environment are important to Air Force and Joint operations worldwide and the operational and threat environments that U.S. assets are likely to encounter; research is needed to study atmospheric phenomenology and develop technologies for continuous monitoring and detection of encroachment and adversarial effects in the atmosphere; research on atmospheric signatures and dynamics in the upper atmosphere and the development of predictive techniques to ensure observational and operational superiority would be beneficial for Air Force missions; and the Secretary of the Air Force should conduct additional research in these areas. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following: An assessment of intelligence activities and other competitive activities undertaken by foreign nations with respect to the upper atmosphere and near-space environment. A comprehensive strategy to address the upper atmosphere and near-space environment, which shall include requirements for high-altitude, long-duration, and heavy-lift propulsion systems and platforms.
Section 84
301. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2026 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.
Section 85
311. Inclusion of nuclear energy and nuclear technologies in eligible investments made by Office of Strategic Capital Section 149(f)(2) of title 10, United States Code, is amended— by redesignating subparagraphs (U) through (GG) as subparagraphs (W) through (II), respectively; and by inserting after subparagraph (T) the following new subparagraphs: Nuclear energy. Nuclear technologies. (U)Nuclear energy. (V)Nuclear technologies..
Section 86
312. Inclusion of information about PFAS investigation and remediation in annual report on defense environmental programs Section 2711 of title 10, United States Code, is amended— in subsection (b), by adding at the end the following new paragraph: Information on the costs associated with investigating and remediating per- and polyfluoroalkyl substances contamination, including— detailed information regarding the total potential total costs to the Department of investigating and remediating such contamination at all locations where investigation and remediation is expected to be funded by the Department; and the cost assumption analysis required under subsection (d). by adding at the end the following new subsection: The Secretary shall carry out an annual cost assumption analysis with respect to the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination that— includes— an assessment of any changes in regulatory standards, treatment technologies, and site prioritization that could affect future costs; examples of how modifying assumptions about contamination extent, remediation timelines, or emerging disposal methods could affect projected costs; and an identification of any funding shortfalls or other constraints that could affect the investigation and remediation of such contamination; and incorporates a risk and uncertainty analysis with respect to the effects of potential changes in the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination, including— variability in the extent of such contamination based on ongoing site assessments, inspections, and investigations; shifts in regulatory requirements that could alter investigation and remediation strategies; and advances in technologies for the treatment and disposal such contamination that could reduce or increase long-term costs. (6)Information on the costs associated with investigating and remediating per- and polyfluoroalkyl substances contamination, including— (A)detailed information regarding the total potential total costs to the Department of investigating and remediating such contamination at all locations where investigation and remediation is expected to be funded by the Department; and
(B)the cost assumption analysis required under subsection (d).; and (d)PFAS cost assumption analysisThe Secretary shall carry out an annual cost assumption analysis with respect to the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination that— (1)includes—
(A)an assessment of any changes in regulatory standards, treatment technologies, and site prioritization that could affect future costs; (B)examples of how modifying assumptions about contamination extent, remediation timelines, or emerging disposal methods could affect projected costs; and
(C)an identification of any funding shortfalls or other constraints that could affect the investigation and remediation of such contamination; and (2)incorporates a risk and uncertainty analysis with respect to the effects of potential changes in the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination, including—
(A)variability in the extent of such contamination based on ongoing site assessments, inspections, and investigations; (B)shifts in regulatory requirements that could alter investigation and remediation strategies; and
(C)advances in technologies for the treatment and disposal such contamination that could reduce or increase long-term costs..
Section 87
313. Modification of requirements relating to replacement of fluorinated aqueous film-forming foam Section 322 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2661 note prec.) is amended— in subsection (b)— by striking October 1, 2023 and inserting October 1, 2026; and by striking in excess of one part per billion of and inserting detectable; in subsection (c)(1), by striking October 1, 2024 and inserting October 1, 2026; by striking subsection (d) and inserting the following: Subsections (b) and (c) shall not apply to firefighting foam for use— onboard oceangoing vessels, including use in pier-side inspection, testing, and maintenance; that is necessary to conduct testing to meet military specification qualification requirements and ensure quality standards of the inventory of the Department; during research, development, test, and evaluation of fluorine-free fire-fighting agents; on naval nuclear submarine propulsion plants; or in tactical vehicles and equipment that is incompatible with fluorine-free fire-fighting agents. in subsection (e)— in paragraph (1)— in the matter preceding subparagraph (A), by inserting the limitation under subsection (b) or before the prohibition; and in subparagraph (B)— in clause (ii), by inserting or to maintain military readiness after safety; by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and in clause (iii), as so redesignated, by striking and does not require revision; and in paragraph (2)(C), by striking Secretary of Defense and inserting Under Secretary of Defense for Acquisition and Sustainment. (d)ExemptionsSubsections (b) and (c) shall not apply to firefighting foam for use—
(1)onboard oceangoing vessels, including use in pier-side inspection, testing, and maintenance; (2)that is necessary to conduct testing to meet military specification qualification requirements and ensure quality standards of the inventory of the Department;
(3)during research, development, test, and evaluation of fluorine-free fire-fighting agents; (4)on naval nuclear submarine propulsion plants; or
(5)in tactical vehicles and equipment that is incompatible with fluorine-free fire-fighting agents.; and
Section 88
314. Provision of alternative drinking water to certain communities with private drinking water wells contaminated with perfluoroalkyl substances or polyfluoroalkyl substances Beginning on the date of the enactment of this Act, for each household that is located in a community with a private drinking water well in which contamination from a perfluoroalkyl substance, polyfluoroalkyl substance, or mixture thereof resulting from activities of the Department of Defense exceeds the maximum contaminant level for such substance or mixture, respectively, and that has not received a permanent safe drinking water solution described in subsection (b), the Secretary of Defense shall provide to such household an alternative source of drinking water (which may include the provision of bottled water) until such time as— the degree of cleanup of such contamination has at least attained such respective maximum contaminant level, consistent with section 121(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)); or the Secretary provides such household with a permanent safe drinking water solution described in subsection (b). A permanent safe drinking water solution described in this subsection is the connection of a household to a public water system, installation at a household of an onsite filtration system capable of treating the contamination specified in subsection (a), or provision to a household of another permanent alternative source of drinking water. The Secretary of Defense shall carry out this section in a manner consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and any other authority under environmental law, including by coordinating efforts under subsection (a) with ongoing efforts to address contamination under such authorities. In this section: The terms maximum contaminant level and public water system have the meanings given those terms in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f). The term private drinking water well means a drinking water well that is not a public water system and is not connected to a public water system.
Section 89
315. Responsibilities of executive agent for installation and operational nuclear energy The Secretary of Defense, in coordination with the Secretary of the Army, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Director of the Strategic Capabilities Office of the Department of Defense, shall ensure that, not later than one year after the date of the enactment of this Act, there is designated an executive agent of the Department of Defense for installation and operational nuclear energy. The responsibilities of the executive agent specified in subsection (a) shall include the following: In coordination with the commanders of the combatant commands and the Joint Chiefs of Staff, assessing installation energy and operational energy needs, and establishing and maintaining requirements for the use of nuclear energy to meet such needs, for the purpose of furthering mission critical activities of the Department of Defense and enhancing national security. Consulting with project developers and other experts from the commercial nuclear industry, potential private owners and operators of nuclear reactors to be deployed at military installations, and other persons determined appropriate by the executive agent, to assess the technological capabilities, development status, costs, timelines, risks, and potential need for design evolution of nuclear reactors to meet the needs of the Department of Defense referred to paragraph (1). In coordination with the Secretary of Energy, the Secretaries of the military departments, and the Nuclear Regulatory Commission, assessing the technology readiness, licensability, deployability, operability, and maintainability of nuclear reactors with respect to potential deployment at military installations. In coordination with the Secretary of Defense and the Secretaries of the military departments, integrating technical and project resources across the Department of Defense for the use of nuclear reactors to meet the needs of the Department of Defense referred to in paragraph (1), including by developing a plan to aggregate the demand for, and the acquisition and deployment of, nuclear reactors across military installations and military departments. In coordination with the Secretary of Energy and the Nuclear Regulatory Commission— evaluating the regulatory framework and other requirements applicable to the use of nuclear reactors to meet such needs; and establishing training programs and plans relating to the acquisition and operation of nuclear reactors to meet such needs. Identifying the timelines and resource requirements necessary for the acquisition and operation of nuclear reactors to meet such needs, including— any support necessary from the national laboratories of the Department of Energy; and any funding necessary to carry out interim pilot programs for the limited deployment of nuclear reactors until such timelines and resource requirements are met. Including resource requirements identified pursuant to paragraph (6), and any other resource requirements necessary to carry out this subsection, in applicable planning, programming, budgeting, and execution processes of the Department of Defense, including by preparing, as applicable— a program objective memorandum for any new resource so required; and a budget justification for any new resource so required for inclusion in the budget materials submitted by the Secretary of Defense to Congress in support of the President’s annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code). Providing technical support for programs of the military departments relating to the deployment of nuclear reactors for installation energy resilience. Not later than September 30, 2026, and annually thereafter for a period of five years, the executive agent specified in subsection (a) shall submit to the Secretary of Defense and the congressional defense committees a report describing the actions taken to implement this section during the one-year period ending on the date of the submission of such report. Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the executive agent specified in subsection (a), shall submit to the congressional defense committees a plan to establish a program of record of the Department of Defense for the use of nuclear energy to meet installation energy and operational energy needs. The plan under paragraph (1) shall include the following: An identification of requirements necessary for the establishment of the program of record specified in such paragraph. A budget estimate for such program of record through 2030 or through the conclusion of the five-year period following the first date on which a nuclear reactor is deployed at a military installation, whichever is later. A summary of actions taken to implement the responsibilities under subsection (b) and information derived as a result of such actions. Use cases for nuclear reactors, developed in coordination with the commanders of combatant commands with respect to installation and operational needs (including needs relating to the electrification of operational energy, elimination of fuel supply vulnerabilities, military installation resilience, sustainment of military installations, enablement of multi-domain operations, and advanced weaponry). An identification of the minimum potential number of military installations at which nuclear reactors would be necessary to deploy in order to establish a cost-effective program, and projected dates by which such nuclear reactors would achieve initial operational capability. An estimate of fuel requirements necessary to support the deployment of various models of nuclear reactors at military installations, to inform future acquisition planning. The Secretary shall carry out this section in compliance with Directive 5101.1. In accordance with Directive 5101.1, the Secretary shall ensure that the military departments, the Defense Agencies, and other elements of the Department of Defense provide the executive agent specified in subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent. In this section— The term Directive 5101.1 means Department of Defense Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense. The terms energy resilience and military installation resilience have the meanings given those terms in section 101 of title 10, United States Code. The term executive agent has the meaning given the term DoD Executive Agent in Directive 5101.1. The term operational energy has the meaning given that term in section 2924 of title 10, United States Code.
Section 90
316. Establishment of Advanced Nuclear Technologies Transition Working Group Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the Advanced Nuclear Technologies Transition Working Group. The working group shall be composed of the following members, or designees thereof: The Secretary of Defense. The Secretaries of the military departments. The Chairman of the Joint Chiefs of Staff. The Under Secretary of Defense for Acquisition and Sustainment. The Under Secretary of Defense for Research and Engineering. The Under Secretary of Defense for Policy. The Director of the Defense Innovation Unit. The Director of the Strategic Capabilities Office. The head of any other organizational entity of the Department of Defense the Chairperson determines appropriate. The Secretary of Defense, or a designee thereof, shall serve as the Chairperson of the working group. The duties of the working group shall include the following: Developing and implementing a strategy to accelerate the procurement and fielding of commercially available advanced nuclear technologies using available authorities. Identifying critical installation energy and operational energy needs of military installations and the combatant commands that may be addressed through the use of advanced nuclear technologies, ensuring such needs are considered in relation to efforts and planned efforts of the Department of Defense, and developing an accelerated pathway to leverage advanced nuclear technologies to address any gap in such needs. Coordinating efforts among the members of the working group for the demonstration and transition of advanced nuclear technologies, including by increasing opportunities for collaboration between the Department of Defense and potential partners within the commercial nuclear industry with respect to research and development, testing and evaluation, and procurement activities relating to such technologies. Coordinating with the heads of other relevant Federal departments and agencies regarding the conduct of interagency activities and development of best practices to address obstacles to the rapid fielding of advanced nuclear technologies, including any such obstacle relating to workforce development, regulatory frameworks, licensing requirements, access to fuel sources, safety or security standards, or decommissioning. Establishing opportunities for engagement with developers of advanced nuclear technologies within the commercial nuclear industry to assess the availability (including, as applicable, the timeline for availability) of micro-reactor and small modular reactor capabilities for potential application to meet the needs of the Department of Defense. The working group shall meet at the call of the Chairperson and not less frequently than quarterly. Not later than 180 days after the date of enactment of this Act, the Chairperson shall provide to the congressional defense committees a briefing on the organization, plans, milestones, and activities of the working group. Not later than September 30, 2026, and annually thereafter until the date of termination under subsection (g), the Chairperson shall submit to the congressional defense committees a report describing, with respect to the year preceding the date of submission of the report, the plans, milestones, and activities of the working group, including a description of the status during such year of any project relating to advanced nuclear technologies, any funding or other requirement associated with such a project, and any plan to transition a capability under such a project. The working group shall terminate on September 30, 2029. In this section: The term micro-reactor means an advanced nuclear reactor, as such term is defined in section 951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)(1)), with a rated capacity of less than 50 electrical megawatts. The term operational energy has the meaning given that term in section 2924 of title 10, United States Code. The term small modular reactor means an advanced nuclear reactor, as such term is defined in section 951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)(1))— with a rated capacity of less than 500 electrical megawatts; and that may be constructed and operated in combination with similar reactors at a single site. The term working group means the working group established under subsection (a).
Section 91
317. Department of Air Force program of record for commercial weather data Not later than September 30, 2027, the Secretary of the Air Force shall establish a program of record of the Department of the Air Force to— acquire and use commercial weather data to— support operational weather forecasting; and enhance mission planning and execution in data-sparse and contested environments; integrate such commercial weather data and related systems into meteorological and decision support frameworks of the Air Force; and ensure resilience against adversarial advancements in space-based environmental monitoring. Not later than March 1, 2026, the Secretary of the Air Force shall submit to the congressional defense committees, with respect to the program of record to be established under subsection (a), the following: A transition plan for the adoption of such program of record, including projected costs and funding requirements over the period covered by the program objective memorandum process for fiscal years 2027 through 2031. An acquisition strategy for such program of record, including an outline of potential middle tier of acquisition pathways or major capability acquisition pathways (as such term is defined in Department of Defense Instruction 5000.85, titled Major Capability Acquisition and issued on August 6, 2020 (or successor instruction)). A budget justification for inclusion of such program of record in the budget materials submitted by the Secretary of Defense to Congress in support of the President’s annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2027, to secure sustained funding.
Section 92
318. Pilot program on Navy installation nuclear energy Beginning not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of the Navy for Energy, Installations, and Environment shall carry out a ten-year pilot program at not fewer than two naval installations for the purpose of determining how small modular reactors or mobile reactors could be used— to meet the installation energy needs of the Navy during the ten-year period beginning on the date of the enactment of this Act; and to inform the development of concepts for the use of nuclear power facilities to support increased energy security for Navy and Marine Corps installations. In selecting naval installations for the pilot program required by subsection (a), the Assistant Secretary of the Navy for Energy, Installations, and Environment shall prioritize an installation that— has entered into, as of the date of the enactment of this Act, a memorandum of agreement with a private power provider or reactor technology vendor to explore the use of a small modular reactor or mobile reactor designed for standardized and scaleable production for installation energy requirements; and contributes support to naval operations at mid-Atlantic region installations. The Assistant Secretary of the Navy for Energy, Installations, and Environment may carry out the pilot program required by subsection (a) by assessing and making recommendations regarding how to make available the facilities of a Navy or Marine Corps program selected for participation in the pilot program. As part of the pilot program, the Assistant Secretary shall evaluate and make recommendations regarding how to make available Navy or Marine Corps facilities to co-locate data centers with the assessed, representative small modular reactors or mobile reactors. The pilot program does not require the Secretary of the Navy to enter into any new contract, such as an energy savings performance contract. In each report submitted under section 2925 of title 10, United States Code, during the period beginning on the date that is one year after the date of enactment of this Act and ending on September 30, 2032, the Secretary of the Navy shall include, for the year covered by the report, each of the following: A five-year funding plan for all Navy nuclear shore and installation power programs for the Navy, including nuclear efforts provided for in the context of the Navy Shore Energy Program and any identified funding shortfalls. An identification of authorities required and remaining barriers to the provision of nuclear power from a military installation to civilian energy grids. A review of lessons learned from related efforts conducted by the other military departments, the Defense Innovation Unit, and any other entities the Secretary considers relevant. An analysis of efforts taken by the Navy to use nuclear power on Navy installations to support data center power demands. Any other details the Secretary of the Navy considers relevant. Upon conclusion of the pilot program, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, or include in the report required under section 2925 of title 10, United States Code, for the fiscal year during which the pilot program concludes, the following: An identification of the funding that would be required to convert the pilot program to a program of record. An identification of all available funding provided in the budget of the Navy for the fiscal year during which the report is submitted for nuclear power at Navy and Marine Corps installations. The Secretary of the Navy may terminate the pilot program before the expiration of the five-year period referred to in subsection (a) if the Secretary provides notice of such early termination to the congressional defense committees. The term mid-Atlantic region installation means any installation covered under the geographic parameters of the Navy Region Mid-Atlantic on the date of the enactment of this Act.
Section 93
319. Pilot program to install propane-powered generators at a domestic defense industrial base facility Not later than one year after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations and the Environment shall carry out a pilot program under which the Assistant Secretary shall install propane-powered generators at an organic industrial base facility. Under the pilot program, such generators shall— be used in tandem with an on-site microgrid in order to improve the resiliency and redundancy of power generation at the facility; and be powered by conventional or renewable propane. In this section: The term microgrid has the meaning given such term in section 641(b)(6) of the United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231(b)(6)). The term propane has the meaning given such term in section 3(6) of the Propane Education and Research Act of 1996 (15 U.S.C. 6402(6)). The authority to carry out the pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act.
Section 94
320. Strategy to accelerate remediation of contamination from perfluoroalkyl substances and polyfluoroalkyl substances 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 to accelerate the remediation efforts of the Department of Defense with respect to contamination from perfluoroalkyl substances or polyfluoroalkyl substances, which shall include— criteria of the Department for the prioritization of military installations and National Guard facilities with respect to which such efforts are planned or underway, based on relative risk to human health, demonstrated environmental impact, and proximity to any community affected, or at risk of being affected, by such contamination; timelines for completing each phase of the cleanup process under CERCLA with respect to such contamination for each such military installation or National Guard facility; a plan for deploying additional technologies, personnel, or other resources to reduce delays to such remediation efforts, including an identification of— the number of laboratories accredited by the environmental laboratory accreditation program of the Department to test for the presence of perfluoroalkyl substances and polyfluoroalkyl substances; and the number of laboratories in the process of being so accredited; and benchmarks for evaluating the performance of each military department or Defense Agency with respect to response efforts to address contamination from perfluoroalkyl substances and polyfluoroalkyl substances. Not later than one year after the date of the enactment of this Act, the Secretary shall publish on a publicly accessible website of the Department an online dashboard that provides information on the actions of the Department, including each military department, relating to contamination from perfluoroalkyl substances and polyfluoroalkyl substances. The dashboard shall be updated on a semiannual basis and shall include a summary of— funding levels and expenditures relating to response efforts to address such contamination, dissagregated by each military installation or National Guard facility with respect to which such efforts are planned or underway; the status of response efforts to address such contamination under the applicable phase of the cleanup process under CERCLA, including the status of any interim removal actions, at each such site; projected and actual timelines for the completion of remediation with respect to such contamination at each such site; and points of contact for community engagement. In this section: The terms CERCLA, National Guard facility, removal, and response have the meanings given those terms in section 2700 of title 10, United States Code. The term Defense Agency has the meaning given such term in section 101(a) of title 10, United States Code.
Section 95
321. Study on small modular nuclear reactors The Secretary of Defense shall conduct a comprehensive study on the feasibility, costs, and benefits of deploying small modular nuclear reactors (in this section referred to as SMRs) to provide secure, resilient, and reliable power for Department of Defense installations. The study shall include the following: An assessment of potential sites for SMR deployment at Department of Defense installations. An evaluation of the benefits of SMR deployment to mission readiness, energy resilience, and cost savings. An analysis of regulatory, safety, and security considerations related to SMR deployment. A review of ongoing pilot projects and partnerships with the Department of Energy and private industry related to SMR deployment. An assessment of how SMR deployment could enhance future military readiness and national security by mitigating emerging threats to energy infrastructure, including cyber, physical, and natural hazards. 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 House of Representatives and the Senate a report on the findings of the study, including recommendations for future implementation of such findings.
Section 96
322. Coordinator for engagement with defense communities affected by PFAS Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall designate an official of the Department of Defense as the Coordinator for Engagement with Defense Communities Affected by PFAS. The responsibilities of the Coordinator designated under subsection (a) are— to improve the outreach, education, and communication efforts of the Department with respect to current or former defense communities located in the United States that have been affected by the contamination or leakage of perfluoroalkyl and polyfluoroalkyl substances (referred to in this section as PFAS); and to serve as a dedicated liaison between the Department and State and local governments, advocacy organizations, and individual citizens in the current and former defense communities where the Department has ongoing or incomplete PFAS remediation projects. For the purposes of this section, the terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given such terms in section 333(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3531; 10 U.S.C. 3062 note).
Section 97
323. Revising the prohibition on contracts for performance of firefighting or security-guard functions Section 2465 of title 10, United States Code, is amended— in subsection (b)— in paragraph (4), by inserting or security-guard after firefighting each place such term appears; and by adding at the end the following: An installation access control security guard contract to be carried out at an installation with less than 300 permanently assigned enlisted members in grades below E-7 and entitled to basic pay. by adding at the end the following: The provisions of this section shall not apply during war or during a period of war or national emergency declared by the President or an Act of Congress. (5)An installation access control security guard contract to be carried out at an installation with less than 300 permanently assigned enlisted members in grades below E-7 and entitled to basic pay. ; and (c)Inapplicability during war or national emergencyThe provisions of this section shall not apply during war or during a period of war or national emergency declared by the President or an Act of Congress..
Section 98
324. Elimination of preference for motor vehicles using electric or hybrid propulsion systems and related requirements of the Department of Defense Chapter 173 of title 10, United States Code, is amended— in section 2911(e)— by striking paragraph (4); by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; by striking paragraph (10); and by redesignating paragraphs (11) through (15) as paragraphs (9) through (13), respectively; and by striking section 2922g.
Section 99
331. Extension of authorization of depot working capital funds for unspecified minor military construction Section 2208(u)(4) of title 10, United States Code, is amended by striking September 30, 2025 and inserting September 30, 2027.
Section 100
332. Designation of senior officials responsible for integration of global contested logistics posture management Chapter 131 of title 10, United States Code, is amended by adding at the end the following new section: The Chair of the Joint Chiefs of Staff shall designate the member or employee of the Joint Staff with primary responsibility for the core logistics capabilities of supply, maintenance operations, prepositioned stocks, deployment and distribution, health services support, engineering, logistics services, and operational contract to serve as the official within the Department with principal responsibility for the integration of global contested logistics posture management across the military departments. In carrying out such responsibility, such official shall coordinate with the senior military department officials designated under subsection (c). The official designated under subsection (a) shall coordinate and deconflict the activities of the military departments with respect to each of the following: The locations of sites outside the continental United States at which stocks of supplies and equipment as well as the composition of those stocks. The provision of adequate intra-theater sea and air capability to move material and personnel throughout the theater. The monitoring and coordination of resourcing decisions by the military departments in support of operational plans and contingencies. The identification of shortcomings in the provision of resources identified in paragraphs (2) and (3). Each secretary of a military department shall designate, from among officials serving in the department, an official to have principal responsibility for contested logistics posture management for that department. Each senior official designated under paragraph (1) shall be responsible for— ensuring that the department concerned is adequately prepared to provide coordinated logistics support to the armed forces of that department in contested environments outside the continental United States, including by— establishing or arranging for access to locations through which supplies and equipment can be provided to such forces; developing any necessary infrastructure; and to the extent feasible, prepositioning supplies and equipment at such locations; and ensuring that the logistics capabilities described in subparagraph (A) meet the requirements of the operational and contingency plans of such forces. Each senior official designated under paragraph (1) may designate an official of the military department concerned to serve as a deputy to assist the senior official in carrying out the responsibilities under this section. The official designated under subsection (a), in coordination with each senior official designated under subsection (b) and any other Department official identified by the Secretary, shall develop and implement a strategy for carrying out the responsibilities described in subsection (c)(2). The strategy required under paragraph (1) shall include each of the following: A description of— the locations of sites outside the continental United States at which stocks of supplies and equipment are prepositioned as of the date of the strategy; the status and disposition of such prepositioned stocks; and the operational or contingency plan such stocks are intended to support. An identification of— any shortcomings associated with the sites and prepositioned stocks described in subparagraph (A) that must be addressed to optimally execute operational and contingency plans; and any additional sites, infrastructure, or equipment that may be needed to address such shortcomings and support such plans. A description of any additional funding or other resources required— to address the shortcomings identified under subparagraph (B)(i); and to provide for the additional sites, infrastructure, and equipment identified under subparagraph (B)(ii). A prioritized list of investment recommendations for each item described in subparagraph (C). An identification of each case in which the military department concerned lacks the authority or ability to access a location outside the United States for purposes of providing logistics support as required under operational and contingency plans, set forth separately by location. An assessment of any existing and projected threats to sites outside the continental United States that are expected to support such operational and contingency plans. The strategy required under paragraph (1) shall cover the period of two years following the date of the strategy and shall be updated on an biennial basis. Not later than 90 days after the date of the enactment of this Act, each Secretary of a military department shall make the designation required under section 2229b(b) of title 10, United States Code, as added by subsection (a). The development of the strategy required under subsection (d) of section 2229b of title 10, United States Code, as added by subsection (a), shall be completed by not later than January 31, 2027. Not later than 180 days after the date of the enactment of this Act, the official designated under subsection (a) of such section 2229b shall submit to the congressional defense committees a report that includes— the names of the officials designated under subsection (b) of such section; and a plan for the completion of the development of the strategy required under subsection (d) of such section. During the period beginning on the date of the submission of the initial report under paragraph (2) and ending on the date of the completion of the development of the strategy required under subsection (d) of such section 2229b, the official designated under subsection (a) of such section shall submit to the congressional defense committees semi-annual reports each of which shall include— an update on the progress made toward the completion of the development of the strategy; and an assessment of the progress of the official with respect to the responsibilities of the official under subsection (b) of such section. 2229b.Responsibility for contested logistics posture management (a)Designation of responsible officialThe Chair of the Joint Chiefs of Staff shall designate the member or employee of the Joint Staff with primary responsibility for the core logistics capabilities of supply, maintenance operations, prepositioned stocks, deployment and distribution, health services support, engineering, logistics services, and operational contract to serve as the official within the Department with principal responsibility for the integration of global contested logistics posture management across the military departments. In carrying out such responsibility, such official shall coordinate with the senior military department officials designated under subsection (c).
(b)ResponsibilitiesThe official designated under subsection (a) shall coordinate and deconflict the activities of the military departments with respect to each of the following: (1)The locations of sites outside the continental United States at which stocks of supplies and equipment as well as the composition of those stocks.
(2)The provision of adequate intra-theater sea and air capability to move material and personnel throughout the theater. (3)The monitoring and coordination of resourcing decisions by the military departments in support of operational plans and contingencies.
(4)The identification of shortcomings in the provision of resources identified in paragraphs (2) and (3). (c)Senior military department officials (1)Each secretary of a military department shall designate, from among officials serving in the department, an official to have principal responsibility for contested logistics posture management for that department.
(2)Each senior official designated under paragraph (1) shall be responsible for— (A)ensuring that the department concerned is adequately prepared to provide coordinated logistics support to the armed forces of that department in contested environments outside the continental United States, including by—
(i)establishing or arranging for access to locations through which supplies and equipment can be provided to such forces; (ii)developing any necessary infrastructure; and
(iii)to the extent feasible, prepositioning supplies and equipment at such locations; and (B)ensuring that the logistics capabilities described in subparagraph (A) meet the requirements of the operational and contingency plans of such forces.
(3)Each senior official designated under paragraph (1) may designate an official of the military department concerned to serve as a deputy to assist the senior official in carrying out the responsibilities under this section. (d)Contested logistics posture strategy (1)The official designated under subsection (a), in coordination with each senior official designated under subsection (b) and any other Department official identified by the Secretary, shall develop and implement a strategy for carrying out the responsibilities described in subsection (c)(2).
(2)The strategy required under paragraph (1) shall include each of the following: (A)A description of—
(i)the locations of sites outside the continental United States at which stocks of supplies and equipment are prepositioned as of the date of the strategy; (ii)the status and disposition of such prepositioned stocks; and
(iii)the operational or contingency plan such stocks are intended to support. (B)An identification of—
(i)any shortcomings associated with the sites and prepositioned stocks described in subparagraph (A) that must be addressed to optimally execute operational and contingency plans; and (ii)any additional sites, infrastructure, or equipment that may be needed to address such shortcomings and support such plans.
(C)A description of any additional funding or other resources required— (i)to address the shortcomings identified under subparagraph (B)(i); and
(ii)to provide for the additional sites, infrastructure, and equipment identified under subparagraph (B)(ii). (D)A prioritized list of investment recommendations for each item described in subparagraph (C).
(E)An identification of each case in which the military department concerned lacks the authority or ability to access a location outside the United States for purposes of providing logistics support as required under operational and contingency plans, set forth separately by location. (F)An assessment of any existing and projected threats to sites outside the continental United States that are expected to support such operational and contingency plans.
(3)The strategy required under paragraph (1) shall cover the period of two years following the date of the strategy and shall be updated on an biennial basis..
Section 101
2229b. Responsibility for contested logistics posture management The Chair of the Joint Chiefs of Staff shall designate the member or employee of the Joint Staff with primary responsibility for the core logistics capabilities of supply, maintenance operations, prepositioned stocks, deployment and distribution, health services support, engineering, logistics services, and operational contract to serve as the official within the Department with principal responsibility for the integration of global contested logistics posture management across the military departments. In carrying out such responsibility, such official shall coordinate with the senior military department officials designated under subsection (c). The official designated under subsection (a) shall coordinate and deconflict the activities of the military departments with respect to each of the following: The locations of sites outside the continental United States at which stocks of supplies and equipment as well as the composition of those stocks. The provision of adequate intra-theater sea and air capability to move material and personnel throughout the theater. The monitoring and coordination of resourcing decisions by the military departments in support of operational plans and contingencies. The identification of shortcomings in the provision of resources identified in paragraphs (2) and (3). Each secretary of a military department shall designate, from among officials serving in the department, an official to have principal responsibility for contested logistics posture management for that department. Each senior official designated under paragraph (1) shall be responsible for— ensuring that the department concerned is adequately prepared to provide coordinated logistics support to the armed forces of that department in contested environments outside the continental United States, including by— establishing or arranging for access to locations through which supplies and equipment can be provided to such forces; developing any necessary infrastructure; and to the extent feasible, prepositioning supplies and equipment at such locations; and ensuring that the logistics capabilities described in subparagraph (A) meet the requirements of the operational and contingency plans of such forces. Each senior official designated under paragraph (1) may designate an official of the military department concerned to serve as a deputy to assist the senior official in carrying out the responsibilities under this section. The official designated under subsection (a), in coordination with each senior official designated under subsection (b) and any other Department official identified by the Secretary, shall develop and implement a strategy for carrying out the responsibilities described in subsection (c)(2). The strategy required under paragraph (1) shall include each of the following: A description of— the locations of sites outside the continental United States at which stocks of supplies and equipment are prepositioned as of the date of the strategy; the status and disposition of such prepositioned stocks; and the operational or contingency plan such stocks are intended to support. An identification of— any shortcomings associated with the sites and prepositioned stocks described in subparagraph (A) that must be addressed to optimally execute operational and contingency plans; and any additional sites, infrastructure, or equipment that may be needed to address such shortcomings and support such plans. A description of any additional funding or other resources required— to address the shortcomings identified under subparagraph (B)(i); and to provide for the additional sites, infrastructure, and equipment identified under subparagraph (B)(ii). A prioritized list of investment recommendations for each item described in subparagraph (C). An identification of each case in which the military department concerned lacks the authority or ability to access a location outside the United States for purposes of providing logistics support as required under operational and contingency plans, set forth separately by location. An assessment of any existing and projected threats to sites outside the continental United States that are expected to support such operational and contingency plans. The strategy required under paragraph (1) shall cover the period of two years following the date of the strategy and shall be updated on an biennial basis.
Section 102
333. Modification of minimum capital investment for certain depots of Department of Defense Section 2476(a)(1) of title 10, United States Code, is amended by striking the preceding three fiscal years and inserting the preceding fiscal year, the current fiscal year, and the estimated amount for the following fiscal year.
Section 103
335. Modification to annual report on Navy Shipyard Infrastructure Optimization Program Section 355(c)(2)(A) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 8013 note) is amended by inserting and the incorporation of digital infrastructure (including hardware, software, and cloud storage) and platforms before ; and.
Section 104
336. Strategy to improve infrastructure of certain depots of the Department of Defense Section 359 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1323; 10 U.S.C. 2476 note) is amended— by striking subsection (c); and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
Section 105
337. Pilot program for arsenal workload sustainment Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to incentivize public-private partnerships at arsenals of the Department of the Army, to be known as the Arsenal Workload Sustainment Pilot Program (in this section referred to as the pilot program). In carrying out the pilot program, the Secretary shall prioritize the award of a contract to a non-public partner that will use a Government owned, Government controlled arsenal of the Department of the Army. The Secretary shall select to participate in the pilot program non-public partners that the Secretary determines demonstrate that the performance of any work under the pilot program shall be performed equally by employees of the Department of Defense and the non-public partner. Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement subsection (b). 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 activities conducted under the pilot program, including a description of any operational challenges identified in the course of such conduct. The report under paragraph (1) shall include the following: A breakout, by relevant budget account, of the workload achieved during the prior fiscal year at each Government owned, Government controlled arsenal of the Department of the Army for which a contract was awarded under the pilot program, whether directly or pursuant to such contract. An assessment of relevant budget accounts where any such arsenal may be used to meet future procurement needs of the Department of Defense, irrespective of cost. An outlook of expected workload at each such arsenal during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code. The capital investments required to be made at each such arsenal to ensure compliance and operational capacity. The authority to carry out the pilot program shall terminate on the date that is five years after the date of the establishment of the pilot program. In this section, the term non-public partner means an entity, individual, university, or nonprofit organization that is not part of the United States Government.
Section 106
338. Depot-level maintenance coordination in multinational exercises Each year, the Secretary of the Air Force shall incorporate in at least one multinational exercise conducted in the area of operations of the United States Indo-Pacific Command— depot-level maintenance, repair, and sustainment considerations, including binational or multinational planning sessions with covered nations on— identifying opportunities to cooperate on depot-level maintenance and repair in ways that minimize transportation requirements in such area of operations and determining the authorities necessary to deliver the necessary joint capabilities; facilitating real-time coordination between the United States and covered nations to maintain munitions stock levels and resupply routes in the such area of operations; mutual recognition of airworthiness and maintenance certification between the United States and covered nations; and emergency tabletop exercises, such as when an aircraft of a covered nation breaks down on United States territory, and vice versa, in a contested logistics environment; and coordination with the Air Force Sustainment Center, including the participation of representatives of— the United States Indo-Pacific Command; United States Air Force Pacific; the United States Air Mobility Command; and the Air Force Sustainment Center. Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a report summarizing the lessons learned from carrying out an exercise in accordance with subsection (a) with respect to the Republic of Korea and the Commonwealth of Australia. Such report shall include each of the following: A list of candidate systems for co-sustainment with Korea and Australia. A list of depot-level repair workload opportunities to undertake with Korea and Australia, including testing equipment or line replaceable units. Opportunities to incorporate Korean and Australian industry partners in depot-level maintenance repair activities, including through public-private partnerships. An identification of any potential logistical challenges that could arise with the host country, including with respect to workforce, housing, and location of workload. An identification of any potential impediments involving intellectual property or data rights between original equipment manufacturers and the Department of the Air Force or between the Department of the Air Force and named partner countries. An identification of any potential impediments related to the International Traffic in Arms Regulations and related statutes. Any additional recommendations to Congress that would ease the facilitation of depot-level maintenance repair partnerships with Korea and Australia, including changes to existing status of forces agreements. An analysis of current maintenance and repair capabilities and gaps in the organic industrial base of Korea and Australia. An assessment of the types of maintenance and repair activities (depot-level, preventative, corrective) that may be most appropriate for partnership with Korea and Australia. An assessment of how partnerships may contribute to allied contingency operations, interoperability, and regional posture resilience in the Indo-Pacific region. A consideration of planning factors related to the evolving force generation models, future-generation aircraft programs, deployment schedules, statutory maintenance thresholds, and other relevant operational requirements of the Department of the Air Force. In this section, the term covered nation means any of the following: The Commonwealth of Australia. Canada. Japan. New Zealand. The Republic of Korea. The United Kingdom of Great Britain and Northern Ireland. Any other nation designated a covered nation for the purposes of this section by the Secretary of the Air Force.
Section 107
339. Maintenance inspection capabilities and requirements Subject to the requirements of subsection (b), the Secretary of Defense shall ensure that when the Department of Defense conducts maintenance of aviation critical safety items and mission critical parts, such maintenance— includes the use of a technical data requirement or organic or commercially available diagnostic tool, if such a requirement or tool is required and available; and is not conducted solely through visual inspection unless— no such requirement or tool is available; or only a visual inspection is required under a technical data requirement. The Secretary shall ensure that the acquisition of appropriate technical data requirements and diagnostic tools for the conduct of maintenance of aviation critical safety items and mission critical parts are planned as part of the sustainment of the systems containing such items and parts. In this section: The term aviation critical safety item means any part, assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system the failure, malfunction, or absence of which could cause— a catastrophic or critical failure resulting in the loss of or serious damage to the aircraft or weapon system; an unacceptable risk of personal injury or loss of life; or an uncommanded engine shutdown that jeopardizes safety. The term corrosion means the deterioration of a material or its properties, including non-metallic materials, due to a reaction of that material with the chemical environment. The term diagnostic tool means a non-destructive inspection tool capable of— detecting corrosion, cracks, component damage, adhesion failure, and standard wear and tear; and leveraging artificial intelligence and machine learning to build a predictive maintenance database when necessary to improve maintainability.
Section 108
340. Joint Strike Fighter sustainment By not later than September 30, 2028, the Secretary of Defense, in consultation with the Secretary of the Navy and the Secretary of the Air Force, shall ensure that— sufficient wartime spares, support equipment, and depot level capabilities are projected to be available for the F-35 Joint Strike Fighter to— sustain F-35 Joint Strike Fighter operations for at least 90 days in the most stressing operational plan required of each such Secretary; and meet the fleet wide minimum readiness targets established by each such Secretary; and each F-35 Joint Strike Fighter contractor has provided to the Secretary of the Navy or the Secretary of the Air Force, as applicable, and such Secretary has validated as accurate, all information that is necessary for the Department of Defense to successfully complete the financial reporting and accountability requirements for F-35 property, including— the incorporation of information relating to the management and reporting of Government property that has been provided for contractor performance, as defined and agreed upon in the contract entered into by the contractor; and the remediation of all material weaknesses of the F-35 Joint Strike Fighter Program identified in the Department of Defense Agency Financial Report for Fiscal Year 2024 that are within the control and responsibility of the contractor. The information required under subsection (a)(2) may be provided on an individual contract basis. The Secretary may waive a requirement under subsection (a) if the Secretary— determines that such waiver is in the national security interests of the United States; and provides to the congressional defense committees notice of such determination, which shall include an identification of the concern of the Secretary, a remedial action plan, and a proposed timeline to meet the requirements of such subsection. Not later than February 1, 2026, the Secretary of Defense, in coordination with the Secretary of the Navy and the Secretary of the Air Force, shall submit to the congressional defense committees a report on the F-35 Joint Strike Fighter program that includes a description of each of the following: The top scarce supply assets and plans to reach sustainable supply positions by not later than September 30, 2028. The readiness condition of afloat and deployment spares packages and efforts available to refresh outdated supplies and spares. The fiscal programming, by fiscal year, necessary to reduce deficient parts and depot capabilities to meet the joint strike fighter planning targets by not later than September 30, 2028.
Section 109
341. Modernization of Army arsenals In order to accelerate the modernization of the organic industrial base of the Army and to expand capacity across the munitions industrial base to meet the munitions requirements of the Army, the Secretary of the Army shall— assess existing Army facilities, as well as existing environmental permits, security arrangements, and personnel, to identify facilities that could be used or modified for the production of munitions; and in identifying facilities under paragraph (1), ensure that such facilities have enough property that is available and suitable for future industrial or technical development. It is the sense of Congress that the Secretary should expedite the use or modification of Army facilities to the fullest extent possible in order to increase the rate of production of munitions.
Section 110
342. Limitation on use of funds to reduce the number of civilian personnel employed at Pine Bluff Arsenal, Arkansas, Blue Grass Army Depot, Kentucky, and Red River Army Depot, Texas None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2026 may be used to reduce the number of civilian personnel employed at the Pine Bluff Arsenal, Arkansas, Blue Grass Army Depot, Kentucky, Corpus Christi Army Depot, Texas, or Red River Army Depot, Texas, until the date on which the Secretary of the Army— certifies to the congressional defense committees that such a reduction complies with— civilian personnel reduction limitations required by section 2687 of title 10, United States Code; the requirement under section 7532 of title 10, United States Code, to have supplies needed for the Department of the Army made in factories or arsenals owned by the United States; and overall limitations on depot-level maintenance and repair workload that may be performed by non-Federal Government personnel under a contract pursuant to section 2466 of title 10, United States Code; and submits to the congressional defense committees a report that includes— a detailed cost analysis associated with each of subparagraphs (A) through (C) of paragraph (1); detailed estimates of the costs that will be incurred if the Army moves the white phosphorus ammunition mission away from Pine Bluff Arsenal, including the cost and time associated with acquiring the necessary environmental permits; and current capability gaps within the Army that could be filled through the Army organic industrial base, including with respect to s-UAS, battery technology, and brushless motors.
Section 111
343. Capital expenditure write-offs for Department of Defense depots and arsenals With respect to any depot or arsenal of the Department of Defense, the Secretary of Defense may write off any depreciated cost or debt associated with capital that does not generate revenue due to Government-directed mission changes. The Secretary may delegate the authority under this section to the Secretary of a military department.
Section 112
344. Authority to establish Advanced Technology Centers to enhance workforce training in certain critical skills The Secretary of Defense may establish Advanced Technology Centers at community colleges with workforce programs that include a critical national production facility. An Advanced Technology Center established under this subsection shall provide workforce training in covered critical skills. In this section, the term covered critical skills means any of the following: Advanced composite material layup. Advanced coatings applications. Computer numerical control manufacturing. Aircraft mechanical assembly and integrated circuit development, including with respect to aircraft such as B-21 and F-35. welding, pipefitting, and metal fabrication related to vessel construction, repair and maintenance.
Section 113
351. Establishment of Army museum system Chapter 775 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of the Army shall support a system of official Army museums within the United States Army Center of Military History. Such system shall include the National Museum of the United States Army and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Army, that meet criteria established under subsection (b). The Secretary of the Army shall establish criteria for designating museums of subsection (a) for inclusion in the Army museum system. Such criteria shall include— historical significance to Army operations, technology, or personnel; public accessibility and educational outreach programs; and alignment with the mission of the Army to preserve its heritage. The Secretary of the Army shall establish criteria for closing museums within the Army museum system. If the Secretary decides to close a museum in such system, the Secretary shall submit to Congress, not later than 90 days before the date on which the museum closes, notice that includes— a plan for the preservation, storage, or alternate display of historical collections contained in the museum; how any issues relating to museum personnel will be resolved; an identification of any efforts to maintain museum operations through public-private partnerships; and an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum. Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Army museum system. 7715.Army museum system (a)In generalThe Secretary of the Army shall support a system of official Army museums within the United States Army Center of Military History. Such system shall include the National Museum of the United States Army and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Army, that meet criteria established under subsection (b).
(b)Criteria for designationThe Secretary of the Army shall establish criteria for designating museums of subsection (a) for inclusion in the Army museum system. Such criteria shall include— (1)historical significance to Army operations, technology, or personnel;
(2)public accessibility and educational outreach programs; and (3)alignment with the mission of the Army to preserve its heritage.
(c)Criteria for closureThe Secretary of the Army shall establish criteria for closing museums within the Army museum system. If the Secretary decides to close a museum in such system, the Secretary shall submit to Congress, not later than 90 days before the date on which the museum closes, notice that includes— (1)a plan for the preservation, storage, or alternate display of historical collections contained in the museum;
(2)how any issues relating to museum personnel will be resolved; (3)an identification of any efforts to maintain museum operations through public-private partnerships; and
(4)an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum. (d)Funding and supportConsistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Army museum system..
Section 114
7715. Army museum system The Secretary of the Army shall support a system of official Army museums within the United States Army Center of Military History. Such system shall include the National Museum of the United States Army and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Army, that meet criteria established under subsection (b). The Secretary of the Army shall establish criteria for designating museums of subsection (a) for inclusion in the Army museum system. Such criteria shall include— historical significance to Army operations, technology, or personnel; public accessibility and educational outreach programs; and alignment with the mission of the Army to preserve its heritage. The Secretary of the Army shall establish criteria for closing museums within the Army museum system. If the Secretary decides to close a museum in such system, the Secretary shall submit to Congress, not later than 90 days before the date on which the museum closes, notice that includes— a plan for the preservation, storage, or alternate display of historical collections contained in the museum; how any issues relating to museum personnel will be resolved; an identification of any efforts to maintain museum operations through public-private partnerships; and an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum. Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Army museum system.
Section 115
352. Authorization to maintain a library in the Department of the Navy Chapter 803 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of the Navy may maintain in the Department of the Navy a library as a centralized institution dedicated to preserving, curating, and providing access to historical records, technical documents, and educational resources pertinent to the mission and heritage of the Navy. The mission of a library maintained under this section shall include— collecting and preserving naval historical records, manuscripts, artifacts, and publications; supporting research, education, and training for historians, the general public, and personnel of the Department of the Navy; enhancing the institutional knowledge and operational readiness of the Navy through access to technical, strategic, and doctrinal resources; and promoting public understanding of the contributions of the Navy to national defense and maritime history. 8030.Library (a)AuthorizationThe Secretary of the Navy may maintain in the Department of the Navy a library as a centralized institution dedicated to preserving, curating, and providing access to historical records, technical documents, and educational resources pertinent to the mission and heritage of the Navy.
(b)MissionThe mission of a library maintained under this section shall include— (1)collecting and preserving naval historical records, manuscripts, artifacts, and publications;
(2)supporting research, education, and training for historians, the general public, and personnel of the Department of the Navy; (3)enhancing the institutional knowledge and operational readiness of the Navy through access to technical, strategic, and doctrinal resources; and
(4)promoting public understanding of the contributions of the Navy to national defense and maritime history..
Section 116
8030. Library The Secretary of the Navy may maintain in the Department of the Navy a library as a centralized institution dedicated to preserving, curating, and providing access to historical records, technical documents, and educational resources pertinent to the mission and heritage of the Navy. The mission of a library maintained under this section shall include— collecting and preserving naval historical records, manuscripts, artifacts, and publications; supporting research, education, and training for historians, the general public, and personnel of the Department of the Navy; enhancing the institutional knowledge and operational readiness of the Navy through access to technical, strategic, and doctrinal resources; and promoting public understanding of the contributions of the Navy to national defense and maritime history.
Section 117
353. Authorization to maintain a Navy art gallery Chapter 803 of title 10, United States Code, as amended by section 352, is further amended by adding at the end the following new section: The Secretary of the Navy may maintain an art gallery to preserve, display, and promote artwork related to the history, heritage, and operations of the United States Navy. The mission of an art gallery maintained under subsection (a) shall include— to collect and exhibit artworks, including paintings, drawings, and sculptures, that depict naval operations, personnel, and significant historical events; to enhance the morale and welfare of Navy personnel by celebrating their service through artistic representation; and to educate the public and preserve the cultural legacy of the Navy for future generations. 8030A.Art gallery
(a)AuthorizationThe Secretary of the Navy may maintain an art gallery to preserve, display, and promote artwork related to the history, heritage, and operations of the United States Navy. (b)MissionThe mission of an art gallery maintained under subsection (a) shall include—
(1)to collect and exhibit artworks, including paintings, drawings, and sculptures, that depict naval operations, personnel, and significant historical events; (2)to enhance the morale and welfare of Navy personnel by celebrating their service through artistic representation; and
(3)to educate the public and preserve the cultural legacy of the Navy for future generations..
Section 118
8030A. Art gallery The Secretary of the Navy may maintain an art gallery to preserve, display, and promote artwork related to the history, heritage, and operations of the United States Navy. The mission of an art gallery maintained under subsection (a) shall include— to collect and exhibit artworks, including paintings, drawings, and sculptures, that depict naval operations, personnel, and significant historical events; to enhance the morale and welfare of Navy personnel by celebrating their service through artistic representation; and to educate the public and preserve the cultural legacy of the Navy for future generations.
Section 119
354. Establishment of United States Navy Museum System Chapter 861 of title 10, United States Code, is amended by inserting after section 8617 the following new section: The Secretary of the Navy shall support a system of official Navy museums, which shall collectively be known as the United States Navy Museum System. Such system shall include the following museums: The National Museum of the United States Navy. The United States Naval Academy Museum. The Naval War College Museum. The Submarine Force Museum. The National Naval Aviation Museum. USS Constitution Naval History and Heritage Command, Detachment Boston. The United States Navy Seabee Museum. The Puget Sound Navy Museum. The Naval Undersea Museum. The National Museum of the American Sailor. The Hampton Roads Naval Museum. Such other museums as may be designated by the Secretary of the Navy that meet criteria established under subsection (b). The Secretary of the Navy shall establish criteria for designating museums other than museums identified in paragraphs (1) through (11) of subsection (a) for inclusion in the United States Navy Museum System. Such criteria shall include— historical significance to naval operations, technology, or personnel; public accessibility and educational outreach programs; and alignment with the mission of the Navy to preserve its heritage. Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the United States Museum System. 8617A.United States Navy Museum System
(a)In generalThe Secretary of the Navy shall support a system of official Navy museums, which shall collectively be known as the United States Navy Museum System. Such system shall include the following museums: (1)The National Museum of the United States Navy.
(2)The United States Naval Academy Museum. (3)The Naval War College Museum.
(4)The Submarine Force Museum. (5)The National Naval Aviation Museum.
(6)USS Constitution Naval History and Heritage Command, Detachment Boston. (7)The United States Navy Seabee Museum.
(8)The Puget Sound Navy Museum. (9)The Naval Undersea Museum.
(10)The National Museum of the American Sailor. (11)The Hampton Roads Naval Museum.
(12)Such other museums as may be designated by the Secretary of the Navy that meet criteria established under subsection (b). (b)Criteria for designationThe Secretary of the Navy shall establish criteria for designating museums other than museums identified in paragraphs (1) through (11) of subsection (a) for inclusion in the United States Navy Museum System. Such criteria shall include—
(1)historical significance to naval operations, technology, or personnel; (2)public accessibility and educational outreach programs; and
(3)alignment with the mission of the Navy to preserve its heritage. (c)Funding and supportConsistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the United States Museum System..
Section 120
8617A. United States Navy Museum System The Secretary of the Navy shall support a system of official Navy museums, which shall collectively be known as the United States Navy Museum System. Such system shall include the following museums: The National Museum of the United States Navy. The United States Naval Academy Museum. The Naval War College Museum. The Submarine Force Museum. The National Naval Aviation Museum. USS Constitution Naval History and Heritage Command, Detachment Boston. The United States Navy Seabee Museum. The Puget Sound Navy Museum. The Naval Undersea Museum. The National Museum of the American Sailor. The Hampton Roads Naval Museum. Such other museums as may be designated by the Secretary of the Navy that meet criteria established under subsection (b). The Secretary of the Navy shall establish criteria for designating museums other than museums identified in paragraphs (1) through (11) of subsection (a) for inclusion in the United States Navy Museum System. Such criteria shall include— historical significance to naval operations, technology, or personnel; public accessibility and educational outreach programs; and alignment with the mission of the Navy to preserve its heritage. Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the United States Museum System.
Section 121
355. Establishment of Center for the Study of the National Guard Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section: The Secretary of Defense, in coordination with the Chief of the National Guard Bureau, shall establish a center, to be known as the Center for the Study of the National Guard at an appropriate academic institution that— maintains an established relationship with the National Guard Bureau; possesses a strong academic program in military history; and is situated in proximity to a major National Guard installation. The Center for the Study of the National Guard shall— serve as the principal repository for historical documents, oral histories, and other records related to the National Guard; conduct research, analysis, and educational programs related to the history, evolution, and operational contributions of the National Guard; facilitate outreach efforts to increase public awareness of the role of the National Guard in national defense and domestic response operations; and support the Department of Defense in shaping policy decisions and strategic planning related to National Guard operations carried out under titles 10 and 32, United States Code. The Chief of the National Guard Bureau may— collaborate with the Center for the Study of the National Guard in the collection, preservation, and dissemination of National Guard history; provide historical documents, records, and resources to support the research and archival efforts of the Center; and facilitate joint initiatives between the National Guard Bureau and the Center to enhance historical preservation, education, and public awareness. The Secretary of Defense shall seek to establish and maintain the Center for the Study of the National Guard as a public-private partnership to minimize costs to the Federal Government. The Secretary of Defense shall establish the Center for the Study of the National Guard required under section 116 of title 32, United States Code, as added by subsection (a), by not later than the date that is 180 days after the date of the enactment of this Act. Not later than one year after the date of enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing that includes— a description of the selection of the academic institution where the Center for the Study of the National Guard required under section 116 of title 32, United States Code, as added by subsection (a), is located; an identification of the status of the establishment and initial operations of the Center; a description of any ongoing efforts between the National Guard Bureau and the Center; and the recommendations of the Secretary to enhance the preservation and study of National Guard history. 116.Center for the Study of the National Guard (a)EstablishmentThe Secretary of Defense, in coordination with the Chief of the National Guard Bureau, shall establish a center, to be known as the Center for the Study of the National Guard at an appropriate academic institution that—
(1)maintains an established relationship with the National Guard Bureau; (2)possesses a strong academic program in military history; and
(3)is situated in proximity to a major National Guard installation. (b)ResponsibilitiesThe Center for the Study of the National Guard shall—
(1)serve as the principal repository for historical documents, oral histories, and other records related to the National Guard; (2)conduct research, analysis, and educational programs related to the history, evolution, and operational contributions of the National Guard;
(3)facilitate outreach efforts to increase public awareness of the role of the National Guard in national defense and domestic response operations; and (4)support the Department of Defense in shaping policy decisions and strategic planning related to National Guard operations carried out under titles 10 and 32, United States Code.
(c)Collaboration and supportThe Chief of the National Guard Bureau may— (1)collaborate with the Center for the Study of the National Guard in the collection, preservation, and dissemination of National Guard history;
(2)provide historical documents, records, and resources to support the research and archival efforts of the Center; and (3)facilitate joint initiatives between the National Guard Bureau and the Center to enhance historical preservation, education, and public awareness.
(d)Public-private partnershipThe Secretary of Defense shall seek to establish and maintain the Center for the Study of the National Guard as a public-private partnership to minimize costs to the Federal Government..
Section 122
116. Center for the Study of the National Guard The Secretary of Defense, in coordination with the Chief of the National Guard Bureau, shall establish a center, to be known as the Center for the Study of the National Guard at an appropriate academic institution that— maintains an established relationship with the National Guard Bureau; possesses a strong academic program in military history; and is situated in proximity to a major National Guard installation. The Center for the Study of the National Guard shall— serve as the principal repository for historical documents, oral histories, and other records related to the National Guard; conduct research, analysis, and educational programs related to the history, evolution, and operational contributions of the National Guard; facilitate outreach efforts to increase public awareness of the role of the National Guard in national defense and domestic response operations; and support the Department of Defense in shaping policy decisions and strategic planning related to National Guard operations carried out under titles 10 and 32, United States Code. The Chief of the National Guard Bureau may— collaborate with the Center for the Study of the National Guard in the collection, preservation, and dissemination of National Guard history; provide historical documents, records, and resources to support the research and archival efforts of the Center; and facilitate joint initiatives between the National Guard Bureau and the Center to enhance historical preservation, education, and public awareness. The Secretary of Defense shall seek to establish and maintain the Center for the Study of the National Guard as a public-private partnership to minimize costs to the Federal Government.
Section 123
356. Recognition of certain aspects of the National Navy UDT–SEAL Museum in Fort Pierce, Florida, as a national memorial, national memorial garden, and national K9 memorial The Secretary of the Navy shall recognize the National Navy SEAL Museum Memorial, the Memorial Garden and Living Beach, and the Naval Special Warfare K9 Memorial of the National Navy UDT–SEAL Museum, located at 3300 North Highway A1A, North Hutchinson Island, in Fort Pierce, Florida, as a national memorial, national memorial garden, and national K9 memorial, respectively, of the Navy SEALs.
Section 124
361. Assessments and plan for increasing access to nutritious food on military installations Chapter 23 of title 10, United States Code, is amended by inserting after section 488 the following new section: On a biennial basis, the Secretary of Defense shall— conduct an assessment of the nutrition standards of each military department, including by reviewing any nutrition program or related policy of that military department, and the extent to which such standards are reflected in the food options accessible to members of the armed forces at the military installations of that military department; submit a report containing the results of such assessment to the Committees on Armed Services of the House of Representatives and the Senate; and publish such report on a publicly available website of the Department of Defense. Not later than December 1, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate, and publish on a publicly available website of the Department of Defense, the first report required under section 489 of title 10, United States Code, as added by paragraph (1). Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Assistant Secretary of Defense for Manpower and Reserve Affairs and such other entities as the Secretary of Defense determines appropriate, shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate and publish on a publicly available website of the Department of Defense a plan to increase access to nutritious food on military installations, consistent with recommendations included in the report of the Government Accountability Office titled DOD Food Program: Additional Actions Needed to Implement, Oversee, and Evaluate Nutrition Efforts for Service Members, and dated June 24, 2024 (GAO–24–106155). The plan under paragraph (1) shall include a strategy developed by the Assistant Secretary of Defense for Manpower and Reserve Affairs for increasing nutritious menu options at venues that are located on military installations, offer food services to members of the Armed Forces, and are not funded with appropriated amounts (referred to in the report specified in such paragraph as nonappropriated fund food venues). 489.Biennial assessments on nutrition standards of military departmentsOn a biennial basis, the Secretary of Defense shall—
(1)conduct an assessment of the nutrition standards of each military department, including by reviewing any nutrition program or related policy of that military department, and the extent to which such standards are reflected in the food options accessible to members of the armed forces at the military installations of that military department; (2)submit a report containing the results of such assessment to the Committees on Armed Services of the House of Representatives and the Senate; and
(3)publish such report on a publicly available website of the Department of Defense..
Section 125
489. Biennial assessments on nutrition standards of military departments On a biennial basis, the Secretary of Defense shall— conduct an assessment of the nutrition standards of each military department, including by reviewing any nutrition program or related policy of that military department, and the extent to which such standards are reflected in the food options accessible to members of the armed forces at the military installations of that military department; submit a report containing the results of such assessment to the Committees on Armed Services of the House of Representatives and the Senate; and publish such report on a publicly available website of the Department of Defense.
Section 126
362. Quarterly reports on munitions response projects at sites formerly used by the Department of Defense Not later than 30 days after the last day of each fiscal quarter that begins after the date of the enactment of this Act, until the termination date specified in subsection (c), the Secretary of the Army, acting through the Commanding General of the United States Army Corps of Engineers, shall submit to the congressional defense committees a report on the status of munitions response projects at sites formerly used by the Department of Defense. Each report submitted under subsection (a) shall include, for the quarter covered by the report, the following information: The number of new task order awards for munitions response projects at sites formerly used by the Department of Defense issued and the total dollar value of such awards. The number of optional tasks exercised as part of such projects and the total dollar value of such exercised tasks. The number of contract modifications or requests for equitable adjustment issued as part of such projects and the total dollar value of such modifications and adjustments. The number of task orders for such projects with expiring funds and the total value of any associated deobligations. The number of active munitions response projects at such sites and the contract phase of each project, including whether the project is in the remedial investigation, feasibility study, proposed plan, or decision document or record of decision phase. The number of active such projects placed on hold and, for each such project, a summary of the reason for the hold, including delays related to regulatory agencies, rights-of-entry issues, Federal land manager actions, or discrepancies in the number of subsurface anomalies between the statement of work and field conditions. The termination date specified in this subsection is the date that is five years after the date of the enactment of this Act.
Section 127
363. Report on causes and effects of declining aircraft readiness rates Not later than May 31, 2026, the Secretary of the Air Force shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the declining rates of aircraft readiness within the fleet of the Air Force (with an emphasis on fighter aircraft within such fleet) and factors contributing to that decline. Such report shall include, with respect to such aircraft, the following: A review of mission capability rates over the five fiscal years preceding the date of the submission of the report, including an assessment of key factors contributing to any decline in such rates, such as maintenance backlogs, shortages in aircraft parts, or depot capacity constraints. An analysis of the manner and extent to which reductions to the flying hours program of the Air Force or gaps in funding for weapon system sustainment activities may have contributed to lower sortie generation, increased aircraft downtime, and declining rates of aircraft readiness in general. An assessment of how personnel and units of the Air Force communicate aircraft status for operations and maintenance purposes, including any discrepancies between pilot debriefs, maintenance write-ups, and data recorded in the Defense Readiness Reporting System of the Department of Defense. An assessment of how high-tempo rotational deployments strain the availability of aircraft, accelerate the degradation of aircraft, and affect the long-term readiness of the fleet. An analysis of how low rates of aircraft readiness negatively affect the training and readiness of new fighter pilots, including by limiting training opportunities, reducing instructor availability, and generating operational shortfalls. Proposed actions to reverse the declining rates of aircraft readiness, improve the effectiveness of aircraft sustainment, and ensure more accurate readiness reporting, including any recommendations for relevant legislative actions. The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Section 128
364. Driver simulators in military vehicles Congress makes the following findings: The report of the Government Accountability Office titled Military Vehicles: Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents (GAO-21-361) stated, Driver inattentiveness, lapses in supervision, and lack of training were among the most common causes of these accidents, according to GAO analysis of Army and Marine Corps data. Such report further determined that the Army and Marine Corps, have not developed a well-defined process with performance criteria and measurable standards to train their tactical vehicle drivers from basic qualifications to proficiency in diverse driving conditions, such as driving at night or over varied terrain. It is the sense of Congress that— acquisition program baseline budget requests submitted in the budget submission of the President for manned military ground vehicles should include funding specifically allocated to the development, procurement, fielding, and sustainment of driver training simulators with sufficient fidelity to provide accurate visual, auditory, haptic, tactile, and vestibular stimulation to the trainee learning to operate the vehicle; and driver training simulators should be— incorporated into the lifecycle support for ground vehicles and should adequately simulate all of the environmental conditions in which drivers will be required to operate military ground vehicles in support of the tactical concept of employment of those vehicles; available for both initial entry level driver training and for periodic sustainment training of military vehicle drivers; and available for each vehicle type in sufficient enough numbers at each military installation to support driver training for the number of licensed drivers at the installation until such vehicle type is removed from service. Not later than March 1, 2026, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report containing an assessment of fielded military vehicle programs for which no driver simulator has been fielded to support the vehicle fleet. Such report shall include an updated cost analysis requirement document that includes necessary programming for driver simulators and a phasing plan for the procurement and fielding of driver simulators.
Section 129
365. Department of Defense report on creatine supplements in Meals Ready-to-Eat Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of the Defense Logistics Agency, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report evaluating the feasibility, safety, and potential benefits of including creatine supplements in Meals Ready-to-Eat (MREs) for members of the Armed Forces. The report required under subsection (a) shall include the following: An assessment of the benefits and risks of creatine supplements, including any impact on the strength, muscle health, physical performance, injury prevention, recovery, and overall readiness of members of the Armed Forces. An evaluation of the logistical considerations for including creatine supplements in MREs, including any implications for storage, distribution, shelf life, and cost. Recommendations regarding the advisability and manner of including creatine supplements in MREs.
Section 130
366. Study and report on effects of Defense Logistics Agency class IX recovery rates on military depots and arsenals Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of the Defense Logistics Agency and each Secretary of a military department, shall conduct a study on— the methodology used by Defense Logistics Agency to establish class IX recovery rates; and the effects such rates have on the organic industrial base, with emphasis on military depots and arsenals. The study required by subsection (a) shall address each of the following: The methodology used by the Defense Logistics Agency to set recovery rates for class IX items for all customers. How class IX recovery rates affect the cost structures, budgeting, and execution of workload at military depots and arsenals. Any differences between the effects of recovery rates on depot-level maintenance compared to other customers of the Defense Logistics Agency. Any unintended consequences resulting from such cost recovery practices, including delays, cost overruns, or degraded readiness in depot and arsenal operations. Recommendations for improving alignment between Defense Logistics Agency pricing policies and the sustainment, affordability, and readiness goals of military depots and arsenals. Not 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 findings of the study required under subsection (a), which shall include the recommendations of the Secretary for any legislative or policy changes to address the matters addressed by the study.
Section 131
367. Briefing on sustainment and funding of Department of the Army directed energy programs of record Not later than 180 days after the date of the enactment of this section, the Chief of Staff of the Army, in coordination with the head of Army Aviation and Missile Command, shall provide to the Committee on Armed Services of the House of Representatives a briefing on the sustainment and funding plan for directed energy programs of record of the Department of the Army. Such briefing shall include an assessment of comparative cost efficiencies and operational advantages to— support readiness; reduce dependence on original equipment manufacturers; and develop a workforce trained to address the requirements and safety aspects of directed energy technology.
Section 132
368. Report on reducing frequency of permanent changes of station and naval vessel to onshore rotations Not later than March 1, 2026, the Under Secretary of Defense for Personnel and Readiness, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report on options to reduce the frequency of permanent changes of station of members of the Armed Forces and the rotations of such members between assignments to naval vessels and onshore assignments (commonly referred to as sea-shore rotations). The report under subsection (a) shall include the following: An analysis of the costs associated with the permanent changes of station and rotations specified in subsection (a), disaggregated by military department and occupational specialty, over the five fiscal years preceding the date of the report. An assessment of the potential cost savings of the Department of Defense to be realized through a reduction in the frequency of such permanent changes of station and rotations. An evaluation of the effects of a reduction in such frequency on retention of members of the Armed Forces, employment for the spouses of such members, and education of the children of such members. An identification of billets, duty stations, and communities with respect to which extended tour lengths or rotation adjustments would be operationally feasible while sustaining mission readiness and career progression requirements. Recommendations for any legislative or policy changes necessary to conduct a pilot program for, or otherwise implement, extensions to tour lengths or rotation adjustments.
Section 133
369. Report on encroachment management related to the Nevada Test and Training Range Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees— outlining ongoing encroachment management projects, landscape partnerships, and stakeholder engagements to ensure the long term viability of the Nevada Test and Training Range; and that describes— the resources needed for such projects, partnerships, and stakeholder engagements; the specific issues of such encroachment; the coordination process between the Department of Defense, Department of Interior, Department of Energy, local community leaders, and the Committee on Foreign Investment in the United States regarding foreign land acquisitions; and areas for Congressional engagement.
Section 134
370. Report on local coordination efforts to address contamination caused by activities at former George Air Force Base Not later than January 31, 2026, the Secretary of the Air Force shall submit to the congressional defense committees a report on the efforts of the Department of the Air Force to coordinate with local officials to identify potential solutions for addressing the contamination caused by activities in connection with the former George Air Force Base. Such report shall include the following: A description of ongoing and planned efforts to address such contamination. A description of opportunities for partnership with Federal, State, and local entities with respect to such efforts. Plans of the Department to ensure that the responsibilities for the cleanup of such contamination is not shifted to affected communities and that such cleanup does not restrict economic development. An assessment of the estimated costs, timelines, and feasibility of each proposed solution for addressing such contamination.
Section 135
370A. Reserve mobilization exercise Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Commander of United States Indo-Pacific Command, shall conduct a comprehensive joint mobilization and sustainment readiness study (modeled on the 1978 Nifty Nugget exercise) to assess the capability of the Armed Forces to respond to a high-intensity contingency in the Indo-Pacific region. The study required under subsection (a) shall include the following: An assessment of the ability to rapidly mobilize, deploy, and sustain active and reserve component forces in response to a conflict scenario involving the Taiwan Strait, South China Sea, or similar Indo-Pacific flashpoint. An evaluation of strategic lift and sustainment capabilities across military departments, including maritime sealift, airlift, rail, road networks, and prepositioned stocks. Identification of critical logistics vulnerabilities, mobilization bottlenecks, and command and control challenges. Analysis of interagency coordination procedures and integration with civilian emergency support capabilities. An evaluation of joint and allied interoperability, with particular attention to coordination mechanisms with Japan, Australia, the Philippines, and Taiwan. The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall conduct a civilian skills inventory of the Reserve Components of the Armed Forces to identify and assess the non-military qualifications and talents of reservists, including— foreign language proficiency and cultural expertise; advanced academic credentials, including master’s degrees, doctoral degrees, and scientific research experience; industrial and technical skills, including cybersecurity, software development, engineering, logistics, manufacturing, and data science; critical infrastructure and emergency response expertise; and private-sector leadership and innovation experience relevant to defense mobilization and sustainment. Not later than one year after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes— the results, findings, and recommendations of the Indo-Pacific mobilization and readiness study required under subsection (a); a summary of the civilian skills inventory of the Reserve Component, including recommendations for how such skills can be leveraged to support contingency planning, civil-military integration, and surge operations; a comparative analysis of best practices by each Armed Force with respect to— mobilizing Reserve Component forces for wartime or emergency augmentation; identifying, tracking, and utilizing civilian-acquired skills of reservists; and executing logistical lift and sustainment operations, including Navy-led maritime port operations, Army-managed rail and overland transport, Air Force strategic airlift capacity, and Marine Corps expeditionary logistics; and an estimate of— the number of Reserve Component personnel likely to be available and required to reinforce forward-deployed active duty units during the first 30, 60, and 90 days of a major Indo-Pacific contingency; and the number of Reserve Component personnel required to support full-scale mobilization and logistics surge operations within the United States, including domestic transportation nodes, sustainment hubs, ports of embarkation, mobilization training centers, and other homeland support functions necessary to enable and sustain global operations.
Section 136
370B. Report on use of ultra-short takeoff and landing aircraft for last mile logistics and disaster response operations Not later than 180 days after the date of enactment of this Act, the Chief of Staff of the Air Force, in coordination with the Commander of United States Special Operations Command, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the integration potential and value of ultra-short takeoff and landing aircraft. The report required under this section shall include— an assessment of the comparative cost efficiencies and operational advantages provided by ultra-short takeoff and landing aircraft in contested logistics and disaster response scenarios; identification of critical capability gaps in last-mile or last-tactical-mile logistics where such aircraft could serve as a force multiplier; an evaluation of specific mission sets and end users across the Indo-Pacific theater that could benefit from the deployment of such aircraft, especially mission sets related to homeland disaster response, humanitarian relief, wildfire suppression, or emergency resupply; options and timelines to accelerate the development, testing, and integration of such aircraft into U.S. Air Force and U.S. Special Operations Command capability portfolios; and an assessment of current testing and development, the development of operational concept development (CONOPS), and Tactics, Techniques, and Procedures (TTP) formulation for ultra-short takeoff and landing aircraft.
Section 137
371. Authority to evacuate family pets and contract working dogs during noncombatant evacuations of foreign countries Section 2387 of title 10, United States Code, is amended— in the section heading, by striking : requirement to transfer animals to 341st Training Squadron after service life; in the heading for subsection (a), by striking In general and inserting Requirement to transfer; by redesignating subsection (c) as subsection (d); and by inserting after subsection (b) the following new subsection (c): Subject to the limitations under paragraph (2), in the event of a situation during which the Department of Defense evacuates noncombatants from a foreign country, the Secretary of Defense may enter into agreements with appropriate nonprofit entities under which such entities provide for the evacuation of— the family pets of citizens of the United States who are evacuated by the Department; and contract working dogs located in such country. The limitations under this paragraph are as follows: The Department of Defense is not responsible for providing veterinary care for a family pet or contract working dog by reason of the evacuation of the pet or dog pursuant to paragraph (1). The Secretary may not exercise the authority under paragraph (1) if the exercise of such authority would result in a reduction in the number of individuals who would otherwise be evacuated. (c)Authority to evacuate (1)Subject to the limitations under paragraph (2), in the event of a situation during which the Department of Defense evacuates noncombatants from a foreign country, the Secretary of Defense may enter into agreements with appropriate nonprofit entities under which such entities provide for the evacuation of—
(A)the family pets of citizens of the United States who are evacuated by the Department; and (B)contract working dogs located in such country.
(2)The limitations under this paragraph are as follows: (A)The Department of Defense is not responsible for providing veterinary care for a family pet or contract working dog by reason of the evacuation of the pet or dog pursuant to paragraph (1).
(B)The Secretary may not exercise the authority under paragraph (1) if the exercise of such authority would result in a reduction in the number of individuals who would otherwise be evacuated..
Section 138
372. Manned rotary wing aircraft safety Chapter 157 of title 10, United States Code, is amended by adding at the end the following new section: Notwithstanding section 1046 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232, 49 U.S.C. 40101 note), except as provided in subsection (b), the Secretary of a military department may not authorize any manned rotary wing aircraft of the Department of Defense to operate a training mission in a highly trafficked domestic airspace unless such aircraft, while being operated, is actively providing warning to nearby commercial aircraft, in a manner compatible with the traffic alert and collision avoidance system of such commercial aircraft, of the proximity of the Department of Defense aircraft. The Secretary of a military department, with the concurrence of the Secretary of Transportation, may waive the limitation under subsection (a) with respect to the operation of an aircraft if the Secretary determines that— such waiver is in the national security interests of the United States; and a commercial aviation compatibility risk assessment has been conducted with respect to the operation of the aircraft pursuant to the waiver to mitigate the risk associated with such operation. The Secretary of a military department may not delegate the waiver authority under subsection (b) to an official whose rank is below a general or flag officer. The term highly trafficked domestic airspace means— the Washington, DC Metropolitan Area Special Flight Rules Area, as such term is defined in section 93.335 of title 14, Code of Federal Regulations, or any successor regulation; or an area surrounding class B, C, or D airspace of a commercial service airport, as such term is defined in section 47102 of title 49. 2653.Aircraft safety: requirements for highly trafficked domestic airspace
(a)Limitation on operationNotwithstanding section 1046 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232, 49 U.S.C. 40101 note), except as provided in subsection (b), the Secretary of a military department may not authorize any manned rotary wing aircraft of the Department of Defense to operate a training mission in a highly trafficked domestic airspace unless such aircraft, while being operated, is actively providing warning to nearby commercial aircraft, in a manner compatible with the traffic alert and collision avoidance system of such commercial aircraft, of the proximity of the Department of Defense aircraft. (b)Waiver authorityThe Secretary of a military department, with the concurrence of the Secretary of Transportation, may waive the limitation under subsection (a) with respect to the operation of an aircraft if the Secretary determines that—
(1)such waiver is in the national security interests of the United States; and (2)a commercial aviation compatibility risk assessment has been conducted with respect to the operation of the aircraft pursuant to the waiver to mitigate the risk associated with such operation.
(c)Limitation on delegationThe Secretary of a military department may not delegate the waiver authority under subsection (b) to an official whose rank is below a general or flag officer. (d)Definition of highly trafficked domestic airspaceThe term highly trafficked domestic airspace means—
(1)the Washington, DC Metropolitan Area Special Flight Rules Area, as such term is defined in section 93.335 of title 14, Code of Federal Regulations, or any successor regulation; or (2)an area surrounding class B, C, or D airspace of a commercial service airport, as such term is defined in section 47102 of title 49..
Section 139
2653. Aircraft safety: requirements for highly trafficked domestic airspace Notwithstanding section 1046 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232, 49 U.S.C. 40101 note), except as provided in subsection (b), the Secretary of a military department may not authorize any manned rotary wing aircraft of the Department of Defense to operate a training mission in a highly trafficked domestic airspace unless such aircraft, while being operated, is actively providing warning to nearby commercial aircraft, in a manner compatible with the traffic alert and collision avoidance system of such commercial aircraft, of the proximity of the Department of Defense aircraft. The Secretary of a military department, with the concurrence of the Secretary of Transportation, may waive the limitation under subsection (a) with respect to the operation of an aircraft if the Secretary determines that— such waiver is in the national security interests of the United States; and a commercial aviation compatibility risk assessment has been conducted with respect to the operation of the aircraft pursuant to the waiver to mitigate the risk associated with such operation. The Secretary of a military department may not delegate the waiver authority under subsection (b) to an official whose rank is below a general or flag officer. The term highly trafficked domestic airspace means— the Washington, DC Metropolitan Area Special Flight Rules Area, as such term is defined in section 93.335 of title 14, Code of Federal Regulations, or any successor regulation; or an area surrounding class B, C, or D airspace of a commercial service airport, as such term is defined in section 47102 of title 49.
Section 140
373. Inclusion of territories in certain intergovernmental support agreements for installation-support services Section 2679(f)(3) of title 10, United States Code, is amended— by striking and before the United States Virgin Islands; and by inserting the State of Yap of the Federated States of Micronesia, and the Republic of Palau, after Virgin Islands,.
Section 141
374. Transportation of domestic animals by foreign air carrier Notwithstanding subsections (a) and (c) of section 40118 of title 49, United States Code, the Secretary of Defense is authorized to pay for the transportation by a foreign air carrier of Department of Defense personnel and any in-cabin or accompanying checked baggage or cargo if— no air carrier holding a certificate under section 41102 of such title 49 is willing and able to transport up to 3 domestic animals accompanying such Federal personnel; and the transportation is from a place— outside the United States to a place in the United States; in the United States to a place outside the United States; or outside the United States to another place outside the United States. An amount paid pursuant to subsection (a) 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. In this section, the term domestic animal means a dog or a cat.
Section 142
375. Adjustment and diversification assistance for State and local governments affected by Army Transformation Initiative Beginning not later than 30 days after the date of the enactment of this Act, subject to the availability of appropriations for such purpose, the Secretary of Defense may provide adjustment and diversification assistance, pursuant to section 2391(b) of title 10, United States Code, to State and local governments affected by the actions taken under the Army Transformation Initiative with respect to— Red River Army Depot, Texas; Pine Bluff Arsenal, Arkansas; and such other Army installations as are identified by the Secretary. Not later than 60 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes— an identification of the amount of adjustment and diversification assistance anticipated to be provided during fiscal year 2026 to State and local governments for each Army installation; and an identification of options to address any capability gaps of the Army that could be filled through the Army organic industrial base.
Section 143
376. Availability of milk at dining facilities on military installations The Secretary of Defense shall ensure that milk is available to members of the Armed Forces at dining facilities on military installations. The Secretary may not, to carry out this section, purchase milk from an entity owned or controlled by a foreign adversary, as determined by the Secretary of Commerce under section 7.4 of title 15, Code of Federal Regulations (or any successor regulation). In this section, the term milk has the meaning given such term in section 133.3 of title 21, Code of Federal Regulations (or any successor regulation) and includes fluid or powdered milk.
Section 144
377. Minimum standards for military working dog kennels and facilities Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of each military department, veterinary experts, and military working dog program managers, shall establish and implement minimum standards for kennels and other facilities used to house military working dogs. Such minimum standards shall include each of the following: Requirements for space and design to ensure each military working dog has sufficient space to stand, turn around, lie down comfortably, and engage in natural behaviors. Standards for environmental conditions to ensure adequate ventilation, temperature control, and protection from extreme weather conditions. Standards for sanitation and hygiene to ensure kennels and other facilities can be easily cleaned and disinfected. Requirements related to safety and security to prevent military working dogs from escaping and being injured and preventing access to kennels and other facilities by unauthorized individuals. Standards for access to veterinary care to address the routine and emergency medical care needs of military working dogs, either at a military veterinary treatment facility or through sufficient on-site veterinary capabilities. Requirements related to daily access to exercise areas. Required annual inspections to ensure compliance with such standards. Such other standards and requirements as the Secretary of Defense determines are appropriate. Not later than one year after the date of the establishment of the standards required under subsection (a), the Secretary of Defense, acting through the Executive Agent for the Department of Defense Military Working Dog Program, shall ensure that each kennel and other facility used to house military working dogs under the jurisdiction of the Department of Defense are assessed to determine the extent to which such kennels and facilities are in compliance with such standards. Not later than three years after the date of the enactment of this Act, the Secretary, acting through the Executive Agent, shall ensure that each such kennel and facility is modified to the extent required to comply with such standards. The Secretary, acting through the Executive Agent, shall ensure that any kennel or other facility used to house military working dogs under the jurisdiction of the Department that is constructed or renovated after the date of enactment of this Act is in compliance with such standards before such kennel or facility is used to house such a military working dog. The Secretary of Defense may waive a specific requirement or standard developed under subsection (a), on a case-by-case basis, if the Secretary determines that such a waiver is required to provide for a temporary deployment or exigent circumstances. The Secretary may not issue a waiver under this subsection unless the Secretary— provides for the implementation of alternative measures to ensure the welfare of any dogs affected by the waiver; and submits to the Committees on Armed Services of the Senate and House of Representatives a report containing notice of the waiver, a justification for such waiver, and a description of the alternative measures provided under paragraph (1).
Section 145
378. Restroom access at military installations for certain transportation service providers The Secretary of Defense shall take such steps as may be necessary to ensure that, with respect to each covered location, there is a restroom— located at or in close proximity to the covered location; to which any covered driver, while providing a transportation protective service involving the transport of sensitive cargo to or from the covered location on behalf of the Department of Defense, is authorized access; that to the extent practicable, provides for privacy, hand washing, accessibility, and gender-specific needs; and in the case of a portable restroom, that is vented and equipped with adequate lighting (which may be achieved through supplementation with a temporary lighting source, as necessary). The location of a restroom under subsection (a)(1) may not be a location to which access by the covered driver would result in— a security risk, as determined by the Secretary; a health or safety risk to the covered driver; or a violation of any other regulation or policy of the Department. In carrying out subsection (a), the Secretary shall— establish a process by which a covered driver may provide to the Secretary timely notification of any covered location with respect to which access to a restroom is not provided consistent with such subsection; and upon receiving such a notification, coordinate with the commander of the military installation concerned or other appropriate officer or employee of the Department to ensure such access is provided. In this section: The terms arms, ammunition, and explosives, safe haven, secure holding area, secure holding location, and transportation protective service have the meanings given those terms in the publication of the Military Surface Deployment and Distribution Command of the Department of Defense issued October 4, 2024, and titled Military Freight Traffic Unified Rules Publication-1 (MFTURP-1), or any successor thereto. The term commercial motor vehicle has the meaning given that term in section 31101 of title 49, United States Code. The term covered driver means an operator of a commercial motor vehicle— authorized to provide a transportation protective service on behalf of the Department of Defense; and subject to requirements for qualifications and maximum hours of service under section 31502(b) of title 49, United States Code. The term covered location means a safe haven, secure holding area, or secure holding location at a military installation or other facility of the Department of Defense. The terms facility and military installation have the meanings given those terms in section 2801(c) of title 10, United States Code. The term sensitive cargo means— arms, ammunition, and explosives; classified material; or any other cargo, or category thereof, the Secretary of Defense determines sensitive for purposes of this section.
Section 146
379. Regulations applicable to wearing optional combat boots Not later than two years after the date of the enactment of this section, the Secretary of Defense shall issue regulations to prohibit any member of the Armed Forces from wearing optional combat boots as part of a required uniform unless the optional combat boots are entirely manufactured in the United States and entirely made of— materials grown, reprocessed, reused, or produced in the United States; and components that are manufactured entirely in the United States and entirely made of materials described in paragraph (1). The requirements of subsection (a) may be waived if a member of the Armed Forces provides a medical justification authorized by the commanding officer of such member to wear optional combat boots as part of a required uniform. The requirements of subsection (a) shall not apply to a member of the Armed Forces within a combat arms military occupational specialty who is in a deployed status. In this section: The term optional combat boots, with respect to a member of the Armed Forces, means combat boots not furnished to such member of the Armed Forces by the Secretary of Defense. The term required uniform means a uniform a member of the Armed Forces is required to wear as a member of the Armed Forces.
Section 147
380. Initiative to control spread of greater banded hornet in Guam The Secretary of Defense shall enhance efforts to manage, control, and interdict the greater banded hornet on military installations in Guam. The efforts required under subsection (a) shall include the following: Carrying out science-based management and control programs to reduce the effect of the greater banded hornet on military installations and to prevent the introduction or spread of the greater banded hornet to areas where such hornet has not yet been established. Providing support for interagency and intergovernmental response efforts to control, interdict, monitor, and eradicate the greater banded hornet on military installations in Guam. Pursuing chemical, biological, and other control techniques, technology transfer, and best practices to support management, control, interdiction and, where possible, eradication of the greater banded hornet in Guam. Establishing an early detection and rapid response mechanism to monitor and deploy coordinated efforts if the greater banded hornet, or an other newly detected invasive alien species, is detected at new sites on military installations in Guam. Carrying out such other activities as the Secretary determines appropriate to manage, control, and interdict the greater banded hornet on military installations in Guam. Not later than 180 days after the date of the enactment of this Act, and annually thereafter for each of the next three years, the Assistant Secretary of the Navy for Energy, Installations, and Environment shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of this section, which shall include detailed information about the efforts of the Secretary to manage, control, and interdict the greater banded hornet on military installations in Guam.
Section 148
381. Limitation on use of funds for Army initial entry rotary wing training None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Army may be obligated or expended for the Next Generation Initial Entry Rotary Wing training program (Flight School Next) at Fort Novosel, Alabama, until— the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a business case analysis that includes an analysis of the Army initial entry rotary wing training currently provided at Fort Novosel, Alabama, and options for changing such training in order to increase the quality of the training, reduce costs, and gain efficiencies; and the Secretary provides to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the business case analysis submitted under paragraph (1).
Section 149
382. Prohibition on Department of Defense ban of clean agent fire suppression products Notwithstanding any other provision of law, the Secretary of Defense may not prohibit the use of a clean agent fire suppression product on the basis of the presence of a fluorine-carbon bond within such product if there is no covered alternative product and— the use of the clean agent fire suppression product is required by an applicable Federal or State law or regulation; or the Secretary determines failure to use the clean agent fire suppression product may cause— a catastrophic or critical failure resulting in the loss of or serious damage to property; or an unacceptable risk of personal injury or loss of life. In this section: The term clean agent fire suppression product means a fire suppression product that involves an electrically nonconducting, volatile, or gaseous fire extinguishing agent that does not leave a residue upon evaporation. The term covered alternative product means an alternative product— the use of which is not prohibited by Federal or State law or regulation; that is readily available in sufficient quantity and at a comparable cost to the product it is intended to replace; and that performs as well as or better than such product in a specific application.
Section 150
383. Inapplicability of recommendations, procedures, and plans of commission relating to assigning, modifying, or removing of names, symbols, displays, monuments, and paraphernalia to assets of the Department of Defense that commemorate the Confederate States of America to civil works projects of Department of Defense Notwithstanding subsection (a) of section 370 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note), any recommendation, procedure, or plan of the commission established under subsection (b) of such section shall not apply to a civil works project of the Department of Defense.
Section 151
384. Availability of funds for procurement of certain supplies and materials under Innovative Readiness Training program Funds authorized to be appropriated by this Act for fiscal year 2026 for operation and maintenance for the Innovative Readiness Training program established pursuant to section 2012 of title 10, United States Code, may be obligated or expended to procure supplies and materials necessary for the completion of any training project approved under such section, provided that any such procurement— directly relates to the training objectives of the project; and is accounted for in accordance with applicable regulations of the Department of Defense.
Section 152
385. Funding for flight hours for expeditionary combat aviation brigades Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Army Reserve, Aviation Assets Line 050, as specified in the corresponding funding table in section 4301, for flight hour funding for Expeditionary Combat Aviation Brigades, is hereby increased by $35,000,000. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, as specified in the corresponding funding table in section 4301 for Army-Servicewide Transportation, line 390, is hereby reduced by $35,000,000.
Section 153
401. End strengths for active forces The Armed Forces are authorized strengths for active duty personnel as of September 30, 2026, as follows: The Army, 454,000. The Navy, 344,600. The Marine Corps, 172,300. The Air Force, 321,500. The Space Force, 10,400.
Section 154
411. End strengths for Selected Reserve The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2026, as follows: The Army National Guard of the United States, 328,000. The Army Reserve, 172,000. The Navy Reserve, 57,500. The Marine Corps Reserve, 33,600. The Air National Guard of the United States, 106,300. The Air Force Reserve, 67,500. The Coast Guard Reserve, 8,500. The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. Whenever units or individual members of the Selected Reserve of 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.
Section 155
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, 2026, 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: The Army National Guard of the United States, 30,845. The Army Reserve, 16,511. The Navy Reserve, 10,409. The Marine Corps Reserve, 2,400. The Air National Guard of the United States, 25,171. The Air Force Reserve, 6,218.
Section 156
413. End strengths for military technicians (dual status) The minimum number of military technicians (dual status) as of the last day of fiscal year 2026 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: For the Army National Guard of the United States, 21,294. For the Army Reserve, 6,258. For the Air National Guard of the United States, 10,405. For the Air Force Reserve, 6,455.
Section 157
414. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2026, 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: The Army National Guard of the United States, 17,000. The Army Reserve, 13,000. The Navy Reserve, 6,200. The Marine Corps Reserve, 3,000. The Air National Guard of the United States, 16,000. The Air Force Reserve, 14,000.
Section 158
415. Excluding members of the National Guard performing certain duty from counting for active-duty end strengths Section 115(i) of title 10, United States Code, is amended by adding at the end the following new paragraph: Members of the National Guard on active duty or full-time National Guard duty for the purpose of supporting military intelligence operations under section 12301(d) of this title. (14)Members of the National Guard on active duty or full-time National Guard duty for the purpose of supporting military intelligence operations under section 12301(d) of this title..
Section 159
421. Military personnel Funds are hereby authorized to be appropriated for fiscal year 2026 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. The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2026.
Section 160
422. Streamlining of total force reporting requirements Section 115a of title 10, United States Code, is amended by striking subsection (g). Such section is further amended— by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and by inserting after subsection (c) the following new subsection (d): The Secretary shall include in each report under subsection (a) a detailed discussion of the management of the civilian workforce of the Department of Defense. The discussion shall include the matter specified in paragraph (2) for the civilian workforce of— the Office of the Secretary of Defense; the Defense Agencies; the Department of Defense Field Activities; and the military departments. Paragraph (2) of section 129(c) of such title— is amended, in the matter preceding subparagraph (A)— by striking Each report under paragraph (1) shall contain and inserting The matter to be included in each discussion under paragraph (1); and by striking under the jurisdiction of the official submitting the report, and inserting of each element of the Department of Defense named in such paragraph, is; and is transferred to section 115a and inserted at the end of subsection (d) of such section, as added by paragraph (1) of this subsection. Section 129 of such title is amended by striking subsection (c). (d) (1)The Secretary shall include in each report under subsection (a) a detailed discussion of the management of the civilian workforce of the Department of Defense. The discussion shall include the matter specified in paragraph (2) for the civilian workforce of—
(A)the Office of the Secretary of Defense; (B)the Defense Agencies;
(C)the Department of Defense Field Activities; and (D)the military departments..
Section 161
501. Treatment of Space Force officers for purposes of laws relating to authorized number and distribution of officers in general officer grades Section 525 of title 10, United States Code, is amended— in subsection (a)— in the matter preceding paragraph (1), by inserting or the Space Force officer list after officer on the active duty list; in paragraph (5)— in subparagraph (A), by striking officers in the grade of general and inserting officers on sustained duty orders in the grade of general; in subparagraph (B), by striking officers in a grade above and inserting officers on sustained duty orders in a grade above; and in subparagraph (C), by striking officers in the grade and inserting officers on sustained duty orders in the grade; and in subsection (h), by adding at the end the following new paragraph: The limitations of this section do not apply to a Space Force general officer serving in space force active status not on sustained duty orders, and who is on active duty for a period in excess of 365 days but not to exceed three years. Unless authorized by the Secretary of Defense, the number of Space Force general officers covered by this subsection and not serving in a joint duty assignment for purposes of chapter 38 of this title may not exceed five. Not later than 30 days after authorizing a number of Space Force general officers in excess of the number specified in subparagraph (A), the Secretary of Defense shall provide a notification as required in paragraph (2). Section 526 of such title is amended— in subsection (c)— in the subsection heading, by inserting and of the Space Force after components; in paragraph (1), by inserting or of the Space Force after a reserve component; in paragraph (2), by adding at the end the following new subparagraph: The Secretary of the Air Force may authorize not more than two of the general officers authorized to serve in the Space Force under section 20110 of this title to serve on active duty for a period of at least 180 days and not longer than 365 days. in paragraph (3)(A), by inserting (or a Space Force general officer in a space force active status on sustained duty) after a reserve component; and in subsection (d)— by striking or at the end of paragraph (1); by striking the period at the end of paragraph (2) and inserting ; or; and by adding at the end the following new paragraph: a Space Force officer in the grade of brigadier general or above on orders to sustained duty during the 60-day period preceding the end of such orders. Chapter 2003 of such title is amended by adding at the end the following new section: The authorized strength of general officers in the Space Force serving in space force active status not on sustained duty is five. The following Space Force general officers shall not be counted for purposes of this section: Those counted under section 526 of this title. Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who shall not be counted under this paragraph may not exceed two. A Space Force general officer may not be reduced in permanent grade because of a reduction in the number authorized under subsection (a). The limitation of subsection (a) does not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of the Air Force to extend the 60-day period by an additional 120 days, except that not more than three Space Force officers may be covered by an extension under this subsection at the same time. (3)
(A)The limitations of this section do not apply to a Space Force general officer serving in space force active status not on sustained duty orders, and who is on active duty for a period in excess of 365 days but not to exceed three years. Unless authorized by the Secretary of Defense, the number of Space Force general officers covered by this subsection and not serving in a joint duty assignment for purposes of chapter 38 of this title may not exceed five. (B)Not later than 30 days after authorizing a number of Space Force general officers in excess of the number specified in subparagraph (A), the Secretary of Defense shall provide a notification as required in paragraph (2).. (D)The Secretary of the Air Force may authorize not more than two of the general officers authorized to serve in the Space Force under section 20110 of this title to serve on active duty for a period of at least 180 days and not longer than 365 days.; and (3)a Space Force officer in the grade of brigadier general or above on orders to sustained duty during the 60-day period preceding the end of such orders.. 20110.Strength in grade: Space Force general officers in Space Force active status not on sustained duty (a)Authorized strengthThe authorized strength of general officers in the Space Force serving in space force active status not on sustained duty is five.
(b)ExclusionsThe following Space Force general officers shall not be counted for purposes of this section: (1)Those counted under section 526 of this title.
(2)Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who shall not be counted under this paragraph may not exceed two. (c)Permanent gradeA Space Force general officer may not be reduced in permanent grade because of a reduction in the number authorized under subsection (a).
(d)Temporary exclusionThe limitation of subsection (a) does not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of the Air Force to extend the 60-day period by an additional 120 days, except that not more than three Space Force officers may be covered by an extension under this subsection at the same time..
Section 162
20110. Strength in grade: Space Force general officers in Space Force active status not on sustained duty The authorized strength of general officers in the Space Force serving in space force active status not on sustained duty is five. The following Space Force general officers shall not be counted for purposes of this section: Those counted under section 526 of this title. Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who shall not be counted under this paragraph may not exceed two. A Space Force general officer may not be reduced in permanent grade because of a reduction in the number authorized under subsection (a). The limitation of subsection (a) does not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of the Air Force to extend the 60-day period by an additional 120 days, except that not more than three Space Force officers may be covered by an extension under this subsection at the same time.
Section 163
502. Redistribution of general officers on active duty from the Air Force to the Space Force Section 526(a) of title 10, United States Code, is amended— in paragraph (3), by striking 171 and inserting 168; and in paragraph (5), by striking 21 and inserting 24.
Section 164
503. Authority to waive prohibition on officers serving on successive selection boards for boards to consider officers for promotion to major general or rear admiral Section 612(b) of title 10, United States Code, is amended— by inserting (1) after (b); and by adding at the end the following new paragraph: Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may waive the limitation in paragraph (1) in the case of a selection board that will consider officers for recommendation for promotion to the grade of major general or rear admiral if the Secretary of the military department determines that qualified officers on the active-duty list or Space Force officer list or otherwise authorized to serve on the board are not available in sufficient number to comprise that selection board. (2)Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may waive the limitation in paragraph (1) in the case of a selection board that will consider officers for recommendation for promotion to the grade of major general or rear admiral if the Secretary of the military department determines that qualified officers on the active-duty list or Space Force officer list or otherwise authorized to serve on the board are not available in sufficient number to comprise that selection board..
Section 165
504. Chaplains: career flexibility; detail as students at schools for education required for appointment Subsection (a) of section 710 of title 10, United States Code, is amended— by inserting (1) before Each Secretary; and by adding at the end the following new paragraph: If the Secretary of a military department carries out a program under paragraph (1), such Secretary shall, pursuant to this section, inactivate a member who completes a detail under section 2004c of this title upon such completion so such member may perform religious ministry that meets professional requirements for appointment as a chaplain in the military department concerned. Chapter 101 of title 10, United States Code, is amended by inserting after section 2004b the following new section 2004c: The Secretary of each military department may detail commissioned officers and enlisted members of the armed forces as students at accredited colleges, universities, and schools of theology, located in the United States, for a period of training leading to a graduate degree that meets the educational requirements for appointment as a chaplain in the armed forces. No more than twenty officers and enlisted members from each military department may commence such training in any single fiscal year. To be eligible for detail under subsection (a), an officer or enlisted member must be a citizen of the United States and must— have served on active duty for a period of not less than two years nor more than five years and be an officer in the pay grade O–3 or below as of the time the training is to begin; or have served on active duty for a period of not less than three years nor more than ten years and be an enlisted member in the pay grade E–4 or above as of the time the training is to begin; in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and sign an agreement that unless sooner separated the officer or enlisted member will— complete the educational course of chaplaincy training; and if the Secretary of the military department concerned carries out a program under section 710 of this title— agree to be inactivated for a period of not less than two years nor more than three years under subsection (a)(2) of such section title upon completion of a detail under this section; and accept transfer or detail as a chaplain in the military department concerned upon completion of the period described in clause (i). The agreement of an officer or enlisted member under subsection (b) shall provide that the officer or enlisted member shall serve on active duty for two years for each year or part thereof of chaplaincy training completed under subsection (a), except that the agreement may authorize the officer or enlisted member to serve a portion of such service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve, in which case the officer or enlisted member shall serve three years in the Selected Reserve for each year or part thereof of the chaplaincy training of such officer or enlisted member under subsection (a) for any service obligation that was not completed before separation from active duty. Officers and enlisted members detailed for chaplaincy training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned. Any service obligation incurred by an officer or enlisted member under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by such officer or enlisted any other provision of law or agreement. Expenses incident to the detail of officers and enlisted members under this section shall be paid from any funds appropriated for the military department concerned. An officer or enlisted member who is dropped from a program of chaplaincy training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to— perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall an officer or enlisted member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program; or repay the expenses incident to the detail of such officer or enlisted member and paid under subsection (f). No agreement detailing an officer or enlisted member of the armed forces to a chaplaincy school may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces. (2)If the Secretary of a military department carries out a program under paragraph (1), such Secretary shall, pursuant to this section, inactivate a member who completes a detail under section 2004c of this title upon such completion so such member may perform religious ministry that meets professional requirements for appointment as a chaplain in the military department concerned.. 2004c.Detail as students at schools for education required for appointment as a chaplain: commissioned officers; certain enlisted members (a)Detail authorizedThe Secretary of each military department may detail commissioned officers and enlisted members of the armed forces as students at accredited colleges, universities, and schools of theology, located in the United States, for a period of training leading to a graduate degree that meets the educational requirements for appointment as a chaplain in the armed forces. No more than twenty officers and enlisted members from each military department may commence such training in any single fiscal year.
(b)Eligibility for detailTo be eligible for detail under subsection (a), an officer or enlisted member must be a citizen of the United States and must— (1) (A)have served on active duty for a period of not less than two years nor more than five years and be an officer in the pay grade O–3 or below as of the time the training is to begin; or
(B)have served on active duty for a period of not less than three years nor more than ten years and be an enlisted member in the pay grade E–4 or above as of the time the training is to begin; (2)in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and
(3)sign an agreement that unless sooner separated the officer or enlisted member will— (A)complete the educational course of chaplaincy training; and
(B)if the Secretary of the military department concerned carries out a program under section 710 of this title— (i)agree to be inactivated for a period of not less than two years nor more than three years under subsection (a)(2) of such section title upon completion of a detail under this section; and
(ii)accept transfer or detail as a chaplain in the military department concerned upon completion of the period described in clause (i). (c)Service obligationThe agreement of an officer or enlisted member under subsection (b) shall provide that the officer or enlisted member shall serve on active duty for two years for each year or part thereof of chaplaincy training completed under subsection (a), except that the agreement may authorize the officer or enlisted member to serve a portion of such service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve, in which case the officer or enlisted member shall serve three years in the Selected Reserve for each year or part thereof of the chaplaincy training of such officer or enlisted member under subsection (a) for any service obligation that was not completed before separation from active duty.
(d)Selection of officers and enlisted members for detailOfficers and enlisted members detailed for chaplaincy training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned. (e)Relation of service obligations to other service obligationsAny service obligation incurred by an officer or enlisted member under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by such officer or enlisted any other provision of law or agreement.
(f)ExpensesExpenses incident to the detail of officers and enlisted members under this section shall be paid from any funds appropriated for the military department concerned. (g)Failure to complete programAn officer or enlisted member who is dropped from a program of chaplaincy training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to—
(1)perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall an officer or enlisted member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program; or (2)repay the expenses incident to the detail of such officer or enlisted member and paid under subsection (f).
(h)Limitation on detailsNo agreement detailing an officer or enlisted member of the armed forces to a chaplaincy school may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces..
Section 166
2004c. Detail as students at schools for education required for appointment as a chaplain: commissioned officers; certain enlisted members The Secretary of each military department may detail commissioned officers and enlisted members of the armed forces as students at accredited colleges, universities, and schools of theology, located in the United States, for a period of training leading to a graduate degree that meets the educational requirements for appointment as a chaplain in the armed forces. No more than twenty officers and enlisted members from each military department may commence such training in any single fiscal year. To be eligible for detail under subsection (a), an officer or enlisted member must be a citizen of the United States and must— have served on active duty for a period of not less than two years nor more than five years and be an officer in the pay grade O–3 or below as of the time the training is to begin; or have served on active duty for a period of not less than three years nor more than ten years and be an enlisted member in the pay grade E–4 or above as of the time the training is to begin; in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and sign an agreement that unless sooner separated the officer or enlisted member will— complete the educational course of chaplaincy training; and if the Secretary of the military department concerned carries out a program under section 710 of this title— agree to be inactivated for a period of not less than two years nor more than three years under subsection (a)(2) of such section title upon completion of a detail under this section; and accept transfer or detail as a chaplain in the military department concerned upon completion of the period described in clause (i). The agreement of an officer or enlisted member under subsection (b) shall provide that the officer or enlisted member shall serve on active duty for two years for each year or part thereof of chaplaincy training completed under subsection (a), except that the agreement may authorize the officer or enlisted member to serve a portion of such service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve, in which case the officer or enlisted member shall serve three years in the Selected Reserve for each year or part thereof of the chaplaincy training of such officer or enlisted member under subsection (a) for any service obligation that was not completed before separation from active duty. Officers and enlisted members detailed for chaplaincy training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned. Any service obligation incurred by an officer or enlisted member under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by such officer or enlisted any other provision of law or agreement. Expenses incident to the detail of officers and enlisted members under this section shall be paid from any funds appropriated for the military department concerned. An officer or enlisted member who is dropped from a program of chaplaincy training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to— perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall an officer or enlisted member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program; or repay the expenses incident to the detail of such officer or enlisted member and paid under subsection (f). No agreement detailing an officer or enlisted member of the armed forces to a chaplaincy school may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces.
Section 167
505. Ranks of Judge Advocates General Section 7037(a) of title 10, United States Code, is amended by adding at the end the following: The Judge Advocate General, while so serving, has the grade of lieutenant general.. Section 8088(b) of title 10, United States Code, is amended by adding at the end the following: The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.. Section 9037(a) of title 10, United States Code, is amended by adding at the end the following: The Judge Advocate General, while so serving, has the grade of lieutenant general..
Section 168
506. Procedures for selection of Space Force officers for promotion to major general Subsection (a) of section 20215 of title 10, United States Code, is amended to read as follows: A selection board convened under section 20211 of this title to consider officers for promotion to a grade below major general 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. A selection board convened under section 20211 of this title to consider officers for promotion to the grade of major general shall recommend for promotion to such grade those officers considered by the board whom the board considers exceptionally well qualified for promotion. Subsection (c)(3) of such section is amended by inserting after best qualified for promotion the following: (or, in the case of an officer recommended for promotion to the grade of major general, that the officer is exceptionally well qualified for promotion). Subsection (g)(1) of such section is amended by adding at the end the following new sentence: This subsection does not apply to a selection board convened to consider officer for recommendation to the grade of major general.. Section 20216(a)(2)) of such title is amended by inserting after best qualified for promotion the following: (or, in the case of officers recommended for promotion to the grade of major general, that the officers are exceptionally well qualified for promotion). Section 20217 of such title is amended— in subsection (a), by striking or major general; and in the section heading, by striking the last three words. Section 20239 of such title is amended— in subsection (b)(3), by striking Except as provided in subsections (e) and (f) and inserting Except as provided in subsections (d), (f), and (g); by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and by inserting after subsection (c) the following new subsection (d): When the Senate gives it advice and consent to the promotion of an officer to the grade of major general, the Secretary of the Air Force shall issue to the officer a certificate of eligibility for promotion, dated as of the date on which the Senate gave its advice and consent. Officers who have a certificate of eligibility under paragraph (1) shall be promoted to fill vacancies as they occur in positions designated to carry the grade of major general. Such promotions shall be made in accordance with regulations prescribed by the Secretary of the Air Force, based upon the needs of the service. A certificate of eligibility issued under paragraph (1) expires at the end of the period beginning on the date as of when the certificate of eligibility was issued and ending on the first day of the eighteenth month following the month during which the certificate was so issued. Section 20241 of such title is amended— by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; by inserting after subsection (c) the following new subsection (d): If an officer who has been issued a certificate of eligibility for promotion to the grade of major general under 20239(d) of this title is not appointed to such grade before the expiration of the certificate of eligibility pursuant to such section, the officer’s name shall be removed from the promotion list. in paragraph (1) of subsection (f), as so redesignated— by striking subsection (a), (b), or (c) and inserting subsection (a), (b), (c), or (d); and by adding at the end the following new sentence: The authority of the Secretary of the Air Force under the preceding sentence does not apply in the case of such an officer who is promoted to the grade of major general following removal from a list under subsection (d).. Title 10, United States Code, is amended as follows: Section 615(a)(1) is amended by striking or 20211. Section 20203 is amended by redesignating the second subsection (b) and subsections (c), (d), (e), and (f) as subsections (c), (d), (e), (f), and (g), respectively. Section 20214 is amended by inserting before the period at the end the following: convened under section 20211 of this title in the same manner as to selection boards convened under section 611 of this title. Section 20215(g)(1) is amended by striking section 624(a)(1) and inserting section 20239(a)(1). Section 20217(a) is amended by striking section 20215 and inserting section 20216. Section 20231 is amended— in subsection (a)(1), by striking section 14101(a) and inserting section 20211; and in subsection (b)(1), by striking section 20151 and inserting section 20252. Section 20239 is amended— in subsection (a)(1), by striking modified and inserting adjusted; in subsection (c)(1), by striking subsection (f) and inserting subsection (g). Section 20241(c) is amended by striking section 20238(a) in paragraphs (1) and (3) and inserting section 20239(a)(1). Section 20251(a)(2) is amended by striking section 14201 and inserting section 14101. (a)Criteria for recommendation of officers for promotion (1)A selection board convened under section 20211 of this title to consider officers for promotion to a grade below major general 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.
(2)A selection board convened under section 20211 of this title to consider officers for promotion to the grade of major general shall recommend for promotion to such grade those officers considered by the board whom the board considers exceptionally well qualified for promotion.. (d)Promotion to major general (1)Certificate of eligibility for promotionWhen the Senate gives it advice and consent to the promotion of an officer to the grade of major general, the Secretary of the Air Force shall issue to the officer a certificate of eligibility for promotion, dated as of the date on which the Senate gave its advice and consent.
(2)Promotion to fill vacancyOfficers who have a certificate of eligibility under paragraph (1) shall be promoted to fill vacancies as they occur in positions designated to carry the grade of major general. Such promotions shall be made in accordance with regulations prescribed by the Secretary of the Air Force, based upon the needs of the service. (3)Duration of certificate of eligibilityA certificate of eligibility issued under paragraph (1) expires at the end of the period beginning on the date as of when the certificate of eligibility was issued and ending on the first day of the eighteenth month following the month during which the certificate was so issued.. (d)Removal upon expiration of certificate of eligibilityIf an officer who has been issued a certificate of eligibility for promotion to the grade of major general under 20239(d) of this title is not appointed to such grade before the expiration of the certificate of eligibility pursuant to such section, the officer’s name shall be removed from the promotion list.; and
Section 169
507. Establishment of blast safety officer positions Not later than September 30, 2026, the Secretary of Defense shall establish blast safety officer positions in the Army, Navy, Marine Corps, Air Force, and Space Force. Duties of a blast safety officer shall include the following, in accordance with standards established pursuant to section 735 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 1071 note): Monitoring and mitigating blast and overpressure exposure to members of such Armed Forces during live-fire or explosive exercises, including breaching exercises. A blast safety officer may order the cessation of such an exercise if exposure exceeds safe thresholds. Briefing members of such Armed Forces, before an exercise, regarding the health risks of blast exposure and mitigation protocols (including minimum safe distances). Overseeing the use of personal protective equipment and wearable sensors by such members during such an exercise. Investigating blast overpressure incidents, reporting findings, and coordinating with health care providers to address risks to the health of affected members. Maintaining blast overpressure exposure logs to support future mitigation. Coordinating with range safety officers and personnel. The Secretary of a military department concerned shall assign a blast safety officer to each special mission unit in each such Armed Force. A blast safety officer shall receive training and maintain a certification in blast safety.
Section 170
508. 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.
Section 171
509. Modification to grade and allowances available to Attending Physician to the Congress Section 715 of title 10, United States Code, is amended by striking the first two sentences and inserting the following: An officer serving as Attending Physician to the Congress, while so serving, holds the grade of colonel, or in the case of an officer of the Navy, captain.. Section 525 of title 10, United States Code, is amended— by striking subsection (f); and by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. Section 302(a)(3) of title 37, United States Code, is amended— by striking An officer and inserting (A) Subject to subparagraph (B), an officer; and by adding at the end the following new subparagraph: This paragraph shall not apply to an officer serving as the Attending Physician to the Congress. (B)This paragraph shall not apply to an officer serving as the Attending Physician to the Congress..
Section 172
511. Grades of certain chiefs of reserve components Section 7038(b) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following new paragraph: The Chief of Army Reserve, while so serving, holds the grade of lieutenant general. Section 8083(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph: The Chief of Navy Reserve, while so serving, holds the grade of vice admiral. Section 8084(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph: The Commander, Marine Forces Reserve, while so serving, holds the grade of lieutenant general. Section 9038(b) of such title is amended by striking paragraph (4) and inserting the following new paragraph: The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general. The amendments made by subsection (a) shall take effect on the day that is one year after the date of the enactment of this Act and shall apply to appointments made on or after such day. (4)The Chief of Army Reserve, while so serving, holds the grade of lieutenant general.. (4)The Chief of Navy Reserve, while so serving, holds the grade of vice admiral.. (4)The Commander, Marine Forces Reserve, while so serving, holds the grade of lieutenant general.. (4)The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general..
Section 173
512. Pilot authority for extended length of orders to active duty for preplanned missions in support of the combatant commands Section 12304b of title 10, United States Code, is amended— by redesignating subsection (i) as subsection (j); by inserting after subsection (h) the following new subsection: The Secretary of the Navy may exercise the authority under subsection (a) with respect to units of the Selected Reserve of the Marine Corps by substituting 545 consecutive days for 365 consecutive days. In carrying out paragraph (1), the Secretary of the Navy may not order a unit to active duty in direct support of an operation for more than 365 consecutive days. For purposes of this paragraph, direct support does not include training, exercises, or preparation activities prior to deployment to support an operation. The authority under this subsection shall terminate on December 31, 2030. in subsection (j), as redesignated by paragraph (1) of this section, by striking section 231(f)(2) and inserting section 231. (i)Temporary authority for extended activation for Marine Corps
(1)The Secretary of the Navy may exercise the authority under subsection (a) with respect to units of the Selected Reserve of the Marine Corps by substituting 545 consecutive days for 365 consecutive days. (2)In carrying out paragraph (1), the Secretary of the Navy may not order a unit to active duty in direct support of an operation for more than 365 consecutive days. For purposes of this paragraph, direct support does not include training, exercises, or preparation activities prior to deployment to support an operation.
(3)The authority under this subsection shall terminate on December 31, 2030.; and
Section 174
513. Prohibition on consideration of amount of time of service in activation of reserve members Chapter 1209 of title 10, United States Code, is amended by adding at the end the following new section: In evaluating the suitability of a member of a reserve component to be ordered to active duty under any provision of law, the Secretary concerned may not consider— the amount of time of service in the armed forces of such member; the amount of time of service on active duty of such member; or the amount of time of service on active duty by such member that would result in such member becoming eligible for retired pay or retainer pay under a purely military retirement system (other than the retirement system under chapter 1223 of this title). In carrying out this section, the Secretary concerned— shall ensure that no information regarding the amount of time of service in the armed forces of a member or the age of such member is made available to any person evaluating such member for suitability for active duty; and may provide that information on relevant experience of a member, including the amount of time a member has performed duties relevant to the duty for which such member is being considered, is made available to a person evaluating such member for suitability for active duty. 12324.Reserves: prohibition on consideration of amount of time of service in the armed forces for purposes of activation (a)ProhibitionIn evaluating the suitability of a member of a reserve component to be ordered to active duty under any provision of law, the Secretary concerned may not consider—
(1)the amount of time of service in the armed forces of such member; (2)the amount of time of service on active duty of such member; or
(3)the amount of time of service on active duty by such member that would result in such member becoming eligible for retired pay or retainer pay under a purely military retirement system (other than the retirement system under chapter 1223 of this title). (b)Information Available for ConsiderationIn carrying out this section, the Secretary concerned—
(1)shall ensure that no information regarding the amount of time of service in the armed forces of a member or the age of such member is made available to any person evaluating such member for suitability for active duty; and (2)may provide that information on relevant experience of a member, including the amount of time a member has performed duties relevant to the duty for which such member is being considered, is made available to a person evaluating such member for suitability for active duty..
Section 175
12324. Reserves: prohibition on consideration of amount of time of service in the armed forces for purposes of activation In evaluating the suitability of a member of a reserve component to be ordered to active duty under any provision of law, the Secretary concerned may not consider— the amount of time of service in the armed forces of such member; the amount of time of service on active duty of such member; or the amount of time of service on active duty by such member that would result in such member becoming eligible for retired pay or retainer pay under a purely military retirement system (other than the retirement system under chapter 1223 of this title). In carrying out this section, the Secretary concerned— shall ensure that no information regarding the amount of time of service in the armed forces of a member or the age of such member is made available to any person evaluating such member for suitability for active duty; and may provide that information on relevant experience of a member, including the amount of time a member has performed duties relevant to the duty for which such member is being considered, is made available to a person evaluating such member for suitability for active duty.
Section 176
514. Active and inactive transfers of officers of the Army National Guard and Air Force National Guard Section 303 of title 32, United States Code, is amended by adding at the end the following new subsections: Under regulations prescribed by the Secretary of the Army, an officer of the Army National Guard— who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; or transferred pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy described in such paragraph. Under regulations prescribed by the Secretary of the Air Force, an officer of the Air Force National Guard— who fills a vacancy in a federally recognized unit of the Air Force National Guard may be transferred from the active Air Force National Guard to the inactive Air Force National Guard; or transferred pursuant to paragraph (1) may be transferred from the inactive Air Force National Guard to the active Air Force National Guard to fill a vacancy described in such paragraph. (d) (1)Under regulations prescribed by the Secretary of the Army, an officer of the Army National Guard—
(A)who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; or (B)transferred pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy described in such paragraph.
(2)Under regulations prescribed by the Secretary of the Air Force, an officer of the Air Force National Guard— (A)who fills a vacancy in a federally recognized unit of the Air Force National Guard may be transferred from the active Air Force National Guard to the inactive Air Force National Guard; or
(B)transferred pursuant to paragraph (1) may be transferred from the inactive Air Force National Guard to the active Air Force National Guard to fill a vacancy described in such paragraph..
Section 177
515. National Guard: Active Guard and Reserve duty in response to a State disaster Chapter 3 of title 32, United States Code, is amended by inserting after section 328 the following new section: The chief executive of a State who has declared a emergency in such State due to a disaster, may, with the consent of the Secretary of Defense, order a member of the National Guard of such State, who is performing Active Guard and Reserve duty pursuant to section 328 of this title, to perform duties in response to, or in preparation for, such disaster. Duty performed under this section shall be referred to as State disaster response duty. State disaster response duty performed pursuant to this section— shall be on a reimbursable basis, in accordance with subsection (c); may be performed to the extent that the performance of such duty does not interfere with the performance of the member’s primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components; and shall not exceed a total of 14 days per member per calendar year, except that the Secretary of Defense may, if the chief executive so requests before the end of the 14th such day, authorize an extension of the duration of such duty, not to exceed an additional— 7 days, if the Secretary determines that such extension is appropriate; and 46 days if the Secretary determines that such duty is in support of the response to a catastrophic incident, as such term is defined in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311). The Secretary of the military department concerned shall charge a State for the fully burdened costs of manpower for each day of State disaster response duty performed pursuant to this section. Such charges shall be paid from the funds of the State of the requesting chief executive or from any other non-Federal funds. Any amounts received by a Secretary of a military department under this section shall be credited, at the discretion of the Secretary of Defense, to— the appropriation, fund, or account used to pay such costs; or an appropriation, fund, or account available for the purposes for which such costs were incurred. If the State of the requesting chief executive is more than 90 days in arrears in reimbursing the Secretary of the military department concerned for State disaster response duty performed pursuant to this section, such duty may not be performed— unless authorized by the Secretary of Defense; and after the requesting chief executive obligates funds for the amount in arrears. While performing State disaster response duty under this section, a member of the National Guard is not an instrumentality of the United States with respect to any act or omission in carrying out such duty. The United States shall not be responsible for any claim or judgment arising from the use of a member of the National Guard under this section. In this section: The term Active Guard and Reserve duty has the meaning given such term in section 101 of title 10. The term State has the meaning given such term in section 901 of this title. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations under section 328A of such title, as added by subsection (a). 328A.Active Guard and Reserve duty: State disaster response duty
(a)AuthorityThe chief executive of a State who has declared a emergency in such State due to a disaster, may, with the consent of the Secretary of Defense, order a member of the National Guard of such State, who is performing Active Guard and Reserve duty pursuant to section 328 of this title, to perform duties in response to, or in preparation for, such disaster. Duty performed under this section shall be referred to as State disaster response duty. (b)RequirementsState disaster response duty performed pursuant to this section—
(1)shall be on a reimbursable basis, in accordance with subsection (c); (2)may be performed to the extent that the performance of such duty does not interfere with the performance of the member’s primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components; and
(3)shall not exceed a total of 14 days per member per calendar year, except that the Secretary of Defense may, if the chief executive so requests before the end of the 14th such day, authorize an extension of the duration of such duty, not to exceed an additional— (A)7 days, if the Secretary determines that such extension is appropriate; and
(B)46 days if the Secretary determines that such duty is in support of the response to a catastrophic incident, as such term is defined in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311). (c)Reimbursement (1)The Secretary of the military department concerned shall charge a State for the fully burdened costs of manpower for each day of State disaster response duty performed pursuant to this section.
(2)Such charges shall be paid from the funds of the State of the requesting chief executive or from any other non-Federal funds. (3)Any amounts received by a Secretary of a military department under this section shall be credited, at the discretion of the Secretary of Defense, to—
(A)the appropriation, fund, or account used to pay such costs; or (B)an appropriation, fund, or account available for the purposes for which such costs were incurred.
(4)If the State of the requesting chief executive is more than 90 days in arrears in reimbursing the Secretary of the military department concerned for State disaster response duty performed pursuant to this section, such duty may not be performed— (A)unless authorized by the Secretary of Defense; and
(B)after the requesting chief executive obligates funds for the amount in arrears. (d)Limitation of liabilityWhile performing State disaster response duty under this section, a member of the National Guard is not an instrumentality of the United States with respect to any act or omission in carrying out such duty. The United States shall not be responsible for any claim or judgment arising from the use of a member of the National Guard under this section.
(e)DefinitionsIn this section: (1)The term Active Guard and Reserve duty has the meaning given such term in section 101 of title 10.
(2)The term State has the meaning given such term in section 901 of this title..
Section 178
328A. Active Guard and Reserve duty: State disaster response duty The chief executive of a State who has declared a emergency in such State due to a disaster, may, with the consent of the Secretary of Defense, order a member of the National Guard of such State, who is performing Active Guard and Reserve duty pursuant to section 328 of this title, to perform duties in response to, or in preparation for, such disaster. Duty performed under this section shall be referred to as State disaster response duty. State disaster response duty performed pursuant to this section— shall be on a reimbursable basis, in accordance with subsection (c); may be performed to the extent that the performance of such duty does not interfere with the performance of the member’s primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components; and shall not exceed a total of 14 days per member per calendar year, except that the Secretary of Defense may, if the chief executive so requests before the end of the 14th such day, authorize an extension of the duration of such duty, not to exceed an additional— 7 days, if the Secretary determines that such extension is appropriate; and 46 days if the Secretary determines that such duty is in support of the response to a catastrophic incident, as such term is defined in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311). The Secretary of the military department concerned shall charge a State for the fully burdened costs of manpower for each day of State disaster response duty performed pursuant to this section. Such charges shall be paid from the funds of the State of the requesting chief executive or from any other non-Federal funds. Any amounts received by a Secretary of a military department under this section shall be credited, at the discretion of the Secretary of Defense, to— the appropriation, fund, or account used to pay such costs; or an appropriation, fund, or account available for the purposes for which such costs were incurred. If the State of the requesting chief executive is more than 90 days in arrears in reimbursing the Secretary of the military department concerned for State disaster response duty performed pursuant to this section, such duty may not be performed— unless authorized by the Secretary of Defense; and after the requesting chief executive obligates funds for the amount in arrears. While performing State disaster response duty under this section, a member of the National Guard is not an instrumentality of the United States with respect to any act or omission in carrying out such duty. The United States shall not be responsible for any claim or judgment arising from the use of a member of the National Guard under this section. In this section: The term Active Guard and Reserve duty has the meaning given such term in section 101 of title 10. The term State has the meaning given such term in section 901 of this title.
Section 179
516. FireGuard Program: program of record; authorization Section 510 of title 32, United States Code, is amended— in subsection (a)— by inserting (1) before The Secretary; by inserting of record after carry out a program; and by adding at the end the following new paragraph: The FireGuard Program is authorized through December 31, 2031. by adding at the end the following new subsection: Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the first of five annual briefings regarding the FireGuard Program. Such a briefing shall include, with regards to the year preceding the date of the briefing, the following elements: The States (as such term is defined in section 901 of this title), counties, municipalities, and Tribal governments that received information under the FireGuard Program. A comparative analysis of a map of— each wildfire, initially provided to an entity described in paragraph (1) through the FireGuard Program; and the perimeter of such wildfire after containment. An analysis of the time between the detection of a fire via raw satellite data and alerts being sent to local responders. A review of efforts undertaken to integrate emerging satellite and aerial surveillance technologies from qualified private, nonprofit, and public sector sources. (2)The FireGuard Program is authorized through December 31, 2031.. (c)Annual briefingNot later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the first of five annual briefings regarding the FireGuard Program. Such a briefing shall include, with regards to the year preceding the date of the briefing, the following elements:
(1)The States (as such term is defined in section 901 of this title), counties, municipalities, and Tribal governments that received information under the FireGuard Program. (2)A comparative analysis of a map of—
(A)each wildfire, initially provided to an entity described in paragraph (1) through the FireGuard Program; and (B)the perimeter of such wildfire after containment.
(3)An analysis of the time between the detection of a fire via raw satellite data and alerts being sent to local responders. (4)A review of efforts undertaken to integrate emerging satellite and aerial surveillance technologies from qualified private, nonprofit, and public sector sources. .
Section 180
517. Study and report on National Guard capabilities in cyber incident response The Secretary of Defense, in consultation with the Chief of the National Guard Bureau, the Secretary of Homeland Security, and the heads of other relevant federal agencies, shall conduct a comprehensive study to evaluate the capabilities and authorities of the National Guard in responding to cyber incidents affecting national security. The study required under subsection (a) shall include the following: An assessment of the current roles and responsibilities of the National Guard in cyber incident response, including— engagements under Federal authority, such as those pursuant to title 10, United States Code; and deployments under State authority, initiated by Governors pursuant to title 32, United States Code, or State law. An analysis of existing legal authorities governing the National Guard’s participation in cyber incident response, including any limitations or gaps in such authorities. An evaluation of resource allocation for National Guard cyber response capabilities, including personnel, equipment, and funding. An assessment of training programs and needs for National Guard personnel to effectively respond to cyber incidents, including joint training with Federal agencies and private sector entities. A review of coordination mechanisms between the National Guard, Federal agencies (including the Department of Defense, the Department of Homeland Security, and the Cybersecurity and Infrastructure Security Agency), State governments, and private sector partners involved in cyber incident response. Identification of challenges or barriers to enhancing the National Guard’s role in cyber incident response and recommendations to address such challenges. 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 the study required under subsection (a). The report shall be submitted in unclassified form but may include a classified annex if necessary.
Section 181
518. Report on effect of equipment shortfalls on National Guard ability to assist in disaster response Chapter 9 of title 32, United States Code, is amended by adding at the end the following new section: Not later than March 31 of the next fiscal year, the Secretary of Defense, in consultation with the Administrator of the Federal Emergency Management Administration, shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report with respect to each fiscal year on— equipment shortfalls in the National Guard of each State; the effect of such shortfalls in the ability of the National Guard of a State to provide assistance or conduct operations related to disaster response, including with respect to hurricanes; and recommendations for addressing the shortfalls, including through modernization and preposition of equipment in disaster-prone States. 909.Report on effect of equipment availability to assist in disaster responseNot later than March 31 of the next fiscal year, the Secretary of Defense, in consultation with the Administrator of the Federal Emergency Management Administration, shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report with respect to each fiscal year on—
(1)equipment shortfalls in the National Guard of each State; (2)the effect of such shortfalls in the ability of the National Guard of a State to provide assistance or conduct operations related to disaster response, including with respect to hurricanes; and
(3)recommendations for addressing the shortfalls, including through modernization and preposition of equipment in disaster-prone States..
Section 182
909. Report on effect of equipment availability to assist in disaster response Not later than March 31 of the next fiscal year, the Secretary of Defense, in consultation with the Administrator of the Federal Emergency Management Administration, shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report with respect to each fiscal year on— equipment shortfalls in the National Guard of each State; the effect of such shortfalls in the ability of the National Guard of a State to provide assistance or conduct operations related to disaster response, including with respect to hurricanes; and recommendations for addressing the shortfalls, including through modernization and preposition of equipment in disaster-prone States.
Section 183
519. Assistance for certain youth and charitable organizations Section 508(d) of title 32, United States Code, is amended— by redesignating paragraph (14) as paragraph (17); and by inserting after paragraph (13) the following: The Young Marines. The Naval Sea Cadet Corps. The United States Coast Guard Auxiliary. (14)The Young Marines. (15)The Naval Sea Cadet Corps.
(16)The United States Coast Guard Auxiliary..
Section 184
520. Feasibility study regarding funeral honors duty The Secretary of Defense, in consultation with the Under Secretary of Memorial Affairs of the Department of Veterans Affairs, shall conduct a feasibility study to— determine how the Secretary can provide funeral honors details under section 1491 of title 10, United States Code, without negatively affecting the ability of the National Guard Bureau to fulfil operational and mission requirements; identify policies and practices that could prevent lapses in such provision; and identify ways to fully compensate veterans service organizations for expenses incurred in assisting the Secretary provide funeral honors details. Not later than 90 days after completion, the Secretary shall submit to the congressional defense committees a report containing the results of the study under this section.
Section 185
521. Women’s initiative teams Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary concerned shall establish a women’s initiative team in each of the Army, Navy, Air Force, Marine Corps, and Space Force to identify and address barriers, if any, to the service, recruitment, retention, and advancement of women in those armed forces. Each women’s initiative team established under subsection (a) shall— identify and address issues, if any, that hinder service by women in the armed force in which such team is established; support the recruitment and retention of women in such armed force; recommend policy changes that support the needs of women members of such armed force; and foster a sense of community. Each women’s initiative team established under subsection (a) shall be composed of members of the armed force in which such team is established of a variety of ranks, backgrounds, and occupational specialities. A women’s initiative team established under subsection (a) shall work collaboratively with the leadership of the armed force in which such team is established and other stakeholders to carry out the duties described in subsection (b). Not later than one year after the date of the enactment of this Act, and annually thereafter until the date that is five years after such date, the Secretary of Defense shall submit to the congressional defense committees a report on the activities and progress of each women’s initiative team established under section 996 of title 10, United States Code, as added by subsection (a). Each report shall include the following: A description of the structure, membership, and organizational alignment of each women’s initiative team. A summary of key activities and initiatives undertaken by each team. An assessment of the impact of such activities on improving conditions for women, including measurable outcomes where available. Recommendations for legislative or policy changes to further support the success of the teams. 996.Establishment of women’s initiative teams (a)EstablishmentThe Secretary concerned shall establish a women’s initiative team in each of the Army, Navy, Air Force, Marine Corps, and Space Force to identify and address barriers, if any, to the service, recruitment, retention, and advancement of women in those armed forces.
(b)DutiesEach women’s initiative team established under subsection (a) shall— (1)identify and address issues, if any, that hinder service by women in the armed force in which such team is established;
(2)support the recruitment and retention of women in such armed force; (3)recommend policy changes that support the needs of women members of such armed force; and
(4)foster a sense of community. (c)CompositionEach women’s initiative team established under subsection (a) shall be composed of members of the armed force in which such team is established of a variety of ranks, backgrounds, and occupational specialities.
(d)CollaborationA women’s initiative team established under subsection (a) shall work collaboratively with the leadership of the armed force in which such team is established and other stakeholders to carry out the duties described in subsection (b)..
Section 186
996. Establishment of women’s initiative teams The Secretary concerned shall establish a women’s initiative team in each of the Army, Navy, Air Force, Marine Corps, and Space Force to identify and address barriers, if any, to the service, recruitment, retention, and advancement of women in those armed forces. Each women’s initiative team established under subsection (a) shall— identify and address issues, if any, that hinder service by women in the armed force in which such team is established; support the recruitment and retention of women in such armed force; recommend policy changes that support the needs of women members of such armed force; and foster a sense of community. Each women’s initiative team established under subsection (a) shall be composed of members of the armed force in which such team is established of a variety of ranks, backgrounds, and occupational specialities. A women’s initiative team established under subsection (a) shall work collaboratively with the leadership of the armed force in which such team is established and other stakeholders to carry out the duties described in subsection (b).
Section 187
522. Individual Longitudinal Exposure Record: codification; expansion Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall maintain a database that is a central portal for exposure-related data that compiles, collates, presents, and provides available occupational and environmental exposure information to support the needs of the Department of Defense and the Department of Veterans Affairs. Such database shall be referred to as the Individual Longitudinal Exposure Record. The Individual Longitudinal Exposure Record includes the following elements: Service records of members of the armed forces. All non-classified data available to the Secretary regarding how, where, and when members of the armed forces have been exposed to various occupational or environmental hazards. Medical records of members relating to exposures described in paragraph (2), including diagnoses, treatment plans, and laboratory data. If a member is a member described in paragraph (2) of subsection (b), the Secretary shall include the data described in such paragraph in the service record of such member. The Secretary shall provide access to information in the Individual Longitudinal Exposure Record to the following: The Secretary of Veterans Affairs. The Director of the Defense Health Agency, for use by health care providers, epidemiologists, and researchers of the Department of Defense. The Under Secretary for Health of the Department of Veterans Affairs, for use by health care providers, epidemiologists, and researchers of such department. The Under Secretary for Benefits of the Department of Veterans Affairs, for use by personnel of such department regarding compensation and benefits for service-connected disabilities or death. The Secretary of Defense shall submit, to the committees specified in paragraph (2), an annual report regarding the Individual Longitudinal Exposure Record. The committees specified in this paragraph are the following: The Committee on Armed Services of the Senate. The Committee on Armed Services of House of Representatives. The Committee on Veterans’ Affairs of the Senate. The Committee on Veterans’ Affairs of the House of Representatives. The Committee on Commerce, Science, and Transportation of the Senate. The Committee on Transportation and Infrastructure of the House of Representatives. Section 1171(b)(2) of title 38, United States Code, is amended to read as follows: The term Individual Longitudinal Exposure Record means the database maintained under section 996 of title 10. 996.Individual Longitudinal Exposure Record (a)EstablishmentThe Secretary of Defense shall maintain a database that is a central portal for exposure-related data that compiles, collates, presents, and provides available occupational and environmental exposure information to support the needs of the Department of Defense and the Department of Veterans Affairs. Such database shall be referred to as the Individual Longitudinal Exposure Record.
(b)ElementsThe Individual Longitudinal Exposure Record includes the following elements: (1)Service records of members of the armed forces.
(2)All non-classified data available to the Secretary regarding how, where, and when members of the armed forces have been exposed to various occupational or environmental hazards. (3)Medical records of members relating to exposures described in paragraph (2), including diagnoses, treatment plans, and laboratory data.
(c)Service recordsIf a member is a member described in paragraph (2) of subsection (b), the Secretary shall include the data described in such paragraph in the service record of such member. (d)Data sharingThe Secretary shall provide access to information in the Individual Longitudinal Exposure Record to the following:
(1)The Secretary of Veterans Affairs. (2)The Director of the Defense Health Agency, for use by health care providers, epidemiologists, and researchers of the Department of Defense.
(3)The Under Secretary for Health of the Department of Veterans Affairs, for use by health care providers, epidemiologists, and researchers of such department. (4)The Under Secretary for Benefits of the Department of Veterans Affairs, for use by personnel of such department regarding compensation and benefits for service-connected disabilities or death.
(e)Annual report
(1)The Secretary of Defense shall submit, to the committees specified in paragraph (2), an annual report regarding the Individual Longitudinal Exposure Record. (2)The committees specified in this paragraph are the following:
(A)The Committee on Armed Services of the Senate. (B)The Committee on Armed Services of House of Representatives.
(C)The Committee on Veterans’ Affairs of the Senate. (D)The Committee on Veterans’ Affairs of the House of Representatives.
(E)The Committee on Commerce, Science, and Transportation of the Senate. (F)The Committee on Transportation and Infrastructure of the House of Representatives.. (2)The term Individual Longitudinal Exposure Record means the database maintained under section 996 of title 10..
Section 188
996. Individual Longitudinal Exposure Record The Secretary of Defense shall maintain a database that is a central portal for exposure-related data that compiles, collates, presents, and provides available occupational and environmental exposure information to support the needs of the Department of Defense and the Department of Veterans Affairs. Such database shall be referred to as the Individual Longitudinal Exposure Record. The Individual Longitudinal Exposure Record includes the following elements: Service records of members of the armed forces. All non-classified data available to the Secretary regarding how, where, and when members of the armed forces have been exposed to various occupational or environmental hazards. Medical records of members relating to exposures described in paragraph (2), including diagnoses, treatment plans, and laboratory data. If a member is a member described in paragraph (2) of subsection (b), the Secretary shall include the data described in such paragraph in the service record of such member. The Secretary shall provide access to information in the Individual Longitudinal Exposure Record to the following: The Secretary of Veterans Affairs. The Director of the Defense Health Agency, for use by health care providers, epidemiologists, and researchers of the Department of Defense. The Under Secretary for Health of the Department of Veterans Affairs, for use by health care providers, epidemiologists, and researchers of such department. The Under Secretary for Benefits of the Department of Veterans Affairs, for use by personnel of such department regarding compensation and benefits for service-connected disabilities or death. The Secretary of Defense shall submit, to the committees specified in paragraph (2), an annual report regarding the Individual Longitudinal Exposure Record. The committees specified in this paragraph are the following: The Committee on Armed Services of the Senate. The Committee on Armed Services of House of Representatives. The Committee on Veterans’ Affairs of the Senate. The Committee on Veterans’ Affairs of the House of Representatives. The Committee on Commerce, Science, and Transportation of the Senate. The Committee on Transportation and Infrastructure of the House of Representatives.
Section 189
523. Codification of additional basic branches of the Army Section 7063(a) of title 10, United States Code, is amended— in paragraph (12), by striking ; and and inserting a semicolon; by redesignating paragraph (13) as paragraph (24); and by inserting after paragraph (12) the following new paragraphs: Air Defense Artillery; Aviation; Cavalry Scout; Psychological Operations; Special Forces; Civil Affairs; Cyber; Electronic Warfare; Military Intelligence; Public Affairs; Army Music; and (13)Air Defense Artillery; (14)Aviation;
(15)Cavalry Scout; (16)Psychological Operations;
(17)Special Forces; (18)Civil Affairs;
(19)Cyber; (20)Electronic Warfare;
(21)Military Intelligence; (22)Public Affairs;
(23)Army Music; and.
Section 190
524. Requirement of equal opportunity, racial neutrality, and exclusive use of merit in military personnel actions All Department of Defense military personnel actions, including accessions, promotions, assignments, command selection, and military and civil schooling selection and training, shall be based exclusively on individual merit, fitness, capability, and performance. Consideration of an individual’s race, ethnicity, or national origin in any military personnel action is prohibited throughout the Department of Defense. This section shall not be construed to prohibit tasking for specific, unconventional missions in foreign countries, where the anticipated ground operating environment of indigenous populations may justify consideration of race, ethnicity, or national origin when tasking for the mission to optimize mission success. Any tasking pursuant to the exception described in paragraph (1) shall require the approval of the combatant commander concerned. Not later than 60 days after a tasking pursuant to the exception described in paragraph (1), the Secretary of Defense shall report the tasking to the Committees on Armed Services of the Senate and the House of Representatives. The report shall describe— the mission, including location and duration; the staffing of the mission; the demographic factors warranting the tasking; the number of personnel involved, including their rank, position, and race, ethnicity, and national origin; and the rationale for the tasking.
Section 191
525. Prohibition on use of Federal funds for diversity, equity, and inclusion None of the funds authorized to be appropriated by this Act may be used for matters or programs relating to diversity, equity, and inclusion.
Section 192
526. Prohibition of new COVID–19 vaccine mandate for members of the Armed Forces The Secretary of Defense may not issue any COVID–19 vaccine mandate as a replacement for the mandate rescinded under section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).
Section 193
527. Recommendation with respect to the retired rank of General John D. Lavelle Not later than September 30, 2026, the Secretary of Defense shall submit to the President and the Senate a recommendation regarding the restoration of the retired rank of General John D. Lavelle to general. Such recommendation shall be— based on— recently declassified records; and the most recent recommendation and directive of the Secretary of the Air Force that adopted and approved the findings, conclusions, and recommendations of the Air Force Board for Correction of Military Records; and supported by the entirety of the record in the matter of General Lavelle.
Section 194
528. Report on missing members found deceased Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a comprehensive report outlining how many of the members of the Armed Forces who were found deceased during the 10 years preceding such date of were designated absent without leave or on unauthorized absence instead of duty status whereabouts unknown. Such report shall include the following elements with regards to each such member: Sex. Age. Home station. Whether the member had previously reported sexual assault, sexual abuse, or stalking. Reasons for the applicable such designation. Whether family or friends notified the member’s commanding officer before such designation.
Section 195
529. Report on adequacy of reimbursement for costs of permanent change of station Not later than September 30, 2027, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the adequacy of reimbursements for expenses incurred by members of the Armed Forces undergoing a permanent change of station. In preparing the report required under subsection (a), the Secretary of Defense shall— conduct a comprehensive survey of not fewer than 10,000 members of the Armed Forces who complete a permanent change of station during fiscal year 2025 or 2026 that— collects detailed information on actual expenses incurred, both reimbursed and unreimbursed; includes options for members to upload receipts and documentation electronically, provided that such uploads are supplemental and optional; is designed to ensure statistical validity; achieves response rates sufficient to ensure representative samples from each military department and pay grade category; and includes questions regarding financial stress, debt incurrence, and impact on military retention decisions; conduct follow-up surveys with a subset of respondents to gather additional detail on specific cost categories; survey military spouses separately regarding employment-related costs and career impacts of permanent changes of station; and consult with military relief societies regarding financial assistance patterns and trends relating to permanent changes of station. The surveys required under this subsection shall be carried out notwithstanding subchapter I of chapter 35 of title 44, United States Code. For each of the categories described in subparagraph (B), the report required by subsection (a) shall include— an identification of all expenses intended to be covered; an identification of related expenses that are not covered; the average actual costs incurred by members of the Armed Forces for both covered and uncovered expenses, based on survey data from not fewer than 10,000 permanent changes of station conducted during fiscal years 2025 and 2026, accounting for peak and non-peak cycles; a comparison of actual costs to reimbursement amounts; a justification for the inclusion or exclusion of specific expenses; and recommendations for modifications to coverage or reimbursement rates. The categories described in this subparagraph are as follows: Dislocation allowance. Temporary lodging expense and temporary lodging allowance. Per diem allowances. Monetary allowance in lieu of transportation. Personally procured move reimbursements. Household goods shipment and storage entitlements. Dependent travel allowances. Pet transportation reimbursement. Any other allowances or reimbursements related to permanent changes of station. The report required under subsection (a) shall include an examination of expenses commonly incurred but not reimbursed, including— security deposits and advance rent payments; utility and telecommunication connection and disconnection fees; contract termination penalties; State vehicle registration and driver’s license fees; pet transportation costs; temporary storage beyond authorized limits; childcare registration for dependents; and replacement of household items damaged or unsuitable for new location. The report required under subsection (a) shall include an analysis of the financial impact of permanent changes of station on members of the Armed Forces, including— average out-of-pocket expenses by pay grade; percentage of members incurring debt due to expenses related to a permanent change of station; impact on the emergency savings of members of the Armed Forces; and utilization rates of military relief society assistance for financial hardship relating to permanent changes of station. The report required under subsection (a) shall include recommendations for establishing an annual review and adjustment process for reimbursements for costs relating to a permanent change of station that accounts for— inflation and cost-of-living changes; regional variations in moving costs, including those related to status of forces agreements, currency fluctuation, local housing markets, and pet importation or quarantine requirements; changes in typical household composition and needs; and emerging categories of relocation expenses. The report required by subsection (a) shall include all data disaggregated by— permanent changes of station within the continental United States; permanent changes of station from the continental United States to locations outside the continental United States; permanent changes of station from locations outside the continental United States to the continental United States; permanent changes of station between locations outside the continental United States; pay grade of the members undergoing a permanent change of station; family status of the member; distance between the permanent station from which the member is transferring to the permanent station to which the member is transferring; duty status of the member; whether the member participates in the Exceptional Family Member Program; and origin and destination installation. The report shall, to the maximum extent practicable, incorporate and reconcile data from existing systems of the Department of Defense. The Secretary of Defense shall ensure that all data collected to carry out this section remains under the custody and control of the Department of Defense. The Secretary shall prohibit any contractor supporting implementation of this section from use of data collected to carry out this section other than for purposes of this section, including with respect to use in artificial intelligence model training, commercial applications, or other derivative purposes. Not later than March 31, 2027, the Secretary of Defense shall provide the Committees on Armed Services of the Senate and the House of Representatives an interim briefing on preliminary findings and anticipated recommendations of the report required under subsection (a). Not later than 30 days after submission of the report required under subsection (a), the Secretary of Defense shall make such report publicly available on a website of the Department of Defense. The Secretary of Defense shall ensure that the report required under subsection (a) is easily accessible to members of the Armed Forces and the families of such members through prominent placement on appropriate Department of Defense and military department websites.
Section 196
531. Recruitment: improvements relating to secondary schools and institutions of higher education Section 503(c)(1)(A) of title 10, United States Code, is amended— in clause (i), by striking the same access to secondary school students as is provided generally to postsecondary educational institutions or to prospective employers of those students and inserting meaningful access to secondary schools (including at least four visits across each academic year, between classes, when students are physically present, and in a manner that does not interfere with class attendance), and, after reasonable notice, in meeting spaces including auditoriums, at athletic functions, and at other group or social activities; and in clause (iii)— by inserting during the first 60 days of the academic year, and not later than 30 days after receiving such request during another period of time after receiving such request; and by inserting academic grades, sexes, after student names,. Section 983(b) of title 10, United States Code, is amended— in paragraph (1), by striking in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer and inserting (including at least four visits across each academic year, between classes, when students are physically present, and in a manner that does not interfere with class attendance), and, after reasonable notice, in meeting spaces including auditoriums, at athletic functions, and at other group or social activities; and in paragraph (2)— in subparagraph (A)— by inserting academic grades, sexes, after names,; by striking 60th day following the date of a request and inserting 60 days after receiving a request during the first 60 days of the academic year, and not later than 30 days after the date of a request during another period of time; and by striking ; and and inserting a semicolon; in subparagraph (B), by striking the period at the end and inserting ; and; and by adding at the end the following new subparagraph: whether the student submitted a Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) (if collected by the institution); and by adding at the end the following new paragraph: access by military recruiters for purposes of military recruiting, with respect to students (who are 17 years of age or older) not returning to the institution after having been enrolled during the previous semester— the information required under paragraph (2); and the reason why such students did not return, if collected by the institution. The Secretary of Defense may establish, with regards to the Junior Reserve Officers’ Training Corps (hereinafter, JROTC) , the following types of affiliation: A host unit is a unit at a secondary educational institution that has at least one instructor for the unit and has entered into a memorandum of understanding under section 2031(b) of title 10, United States Code. A cross-town unit is a unit that operates without an instructor pursuant to section 2035(b)(2)(B) of title 10, United States Code, and has entered into an agreement with a host unit to allow students of the cross-town unit to participate in JROTC activities at the campus of the host unit. If the Secretary establishes the types of affiliation under paragraph (1), the Secretary shall prescribe guidance that clarifies the roles, responsibilities, and requirements for each such type. Not later than 180 days after the Secretary creates such types of affiliation, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on such affiliations. Such a report shall include the following elements: The number and locations of cross-town units. Total enrollment numbers for each cross-town units. Recommendations for further improvements or changes to enhance the effectiveness of JROTC. Not later than September 30, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on schools designated as honor schools by the Secretaries of the Army, Navy, and Air Force. Such report shall include the following elements: The criteria for such designation. A list of schools so designated. The percentage of honor graduates of honor schools who, after nomination pursuant to subsection (b)(4) of section 7442, 8454, or 9442 of title 10, United States Code, enroll as cadets or midshipmen at a Service Academy (as such term is defined in section 347 of title 10, United States Code). (C)whether the student submitted a Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) (if collected by the institution); and; (3)access by military recruiters for purposes of military recruiting, with respect to students (who are 17 years of age or older) not returning to the institution after having been enrolled during the previous semester— (A)the information required under paragraph (2); and
(B)the reason why such students did not return, if collected by the institution..
Section 197
532. Alternative service in the defense industrial base by individuals denied enlistment Section 504 of title 10, United States Code, is amended by adding at the end the following new subsection: The Secretary of Defense shall carry out a program to provide to an individual described in paragraph (2) information about with opportunities to work in the defense industrial base. An individual described in this paragraph is an individual who seeks to originally enlist in an armed force but is denied enlistment. In carrying out the program, the Secretary shall— identify job opportunities in the defense industrial base; provide available information about training or certification programs to obtain the skills necessary for such a job; and seek to enter into agreements with entities in the defense industrial base. The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an annual report on the program under this subsection. Such a report shall include, with respect to the year preceding the date of the report, the following elements: The number of individuals described in paragraph (2) provided information described in paragraph (3)(A). The number of individuals described in paragraph (2) provided information described in paragraph (3)(B). The number of agreements described in paragraph (3)(C) into which the Secretary entered. 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 regarding the implementation of subsection (c) of such section, as added by subsection (a). (c)Alternative service in the defense industrial base
(1)The Secretary of Defense shall carry out a program to provide to an individual described in paragraph (2) information about with opportunities to work in the defense industrial base. (2)An individual described in this paragraph is an individual who seeks to originally enlist in an armed force but is denied enlistment.
(3)In carrying out the program, the Secretary shall— (A)identify job opportunities in the defense industrial base;
(B)provide available information about training or certification programs to obtain the skills necessary for such a job; and (C)seek to enter into agreements with entities in the defense industrial base.
(4)The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an annual report on the program under this subsection. Such a report shall include, with respect to the year preceding the date of the report, the following elements: (A)The number of individuals described in paragraph (2) provided information described in paragraph (3)(A).
(B)The number of individuals described in paragraph (2) provided information described in paragraph (3)(B). (C)The number of agreements described in paragraph (3)(C) into which the Secretary entered..
Section 198
533. Medical accession standards for members of the Armed Forces Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section: The Secretaries concerned shall establish uniform medical accession standards for each armed force. Such standards shall— apply uniformly for all commissioned officers of an armed force; and apply uniformly for all enlisted members of an armed force across each occupational specialty. The Secretary concerned shall make readily available and understandable to potential members of the armed forces the standards established under paragraph (1), including an explanation of the process established under subsection (c)(1) and the process for seeking approval under subsection (c)(2). No person may be disqualified from serving as a member of the armed forces on the sole basis of a past diagnosis of a medical condition if— the diagnosis occurred before such person reached the age of 13 years old; the condition did not require treatment during the five-year period that ends on the date on which such person seeks to become a member of the armed forces; a licensed medical professional provides a current evaluation affirming that such person does not meet diagnostic criteria for the condition and is medically fit for service as a member of the armed forces; and the Secretary concerned determines such diagnosis is unlikely to impact the health and readiness of the armed force of which such person seeks to become a member. The Secretary concerned shall establish a process for the review of medical disqualifications of persons seeking to become a member of the armed forces. The Secretary concerned may approve the accession of a person into the armed forces without regard to a disqualifying medical diagnosis if the Secretary concerned determines that the accession of such person is in the interests of national security. The Secretary of Defense shall submit to the congressional defense committees an annual report identifying— the number of persons disqualified from service as a member of the armed forces during the preceding calendar year due to medical history; the number and type of approvals granted under subsection (c)(2) during the preceding calendar year; and any updates to the medical standards for accession established under subsection (a) or the process established under subsection (c)(1) since the submission of the preceding report. For any fiscal year in which the Secretary concerned approves the accession of a person into the Coast Guard under subsection (c)(2), the Secretary of the department in which the Coast Guard is operating shall submit, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report identifying the information required under paragraph (1)(B) with regards to such member. 658.Medical accession standards for members of the armed forces
(a)Establishment of standards
(1)The Secretaries concerned shall establish uniform medical accession standards for each armed force. Such standards shall— (A)apply uniformly for all commissioned officers of an armed force; and
(B)apply uniformly for all enlisted members of an armed force across each occupational specialty. (2)The Secretary concerned shall make readily available and understandable to potential members of the armed forces the standards established under paragraph (1), including an explanation of the process established under subsection (c)(1) and the process for seeking approval under subsection (c)(2).
(b)Prohibition on certain medical disqualificationsNo person may be disqualified from serving as a member of the armed forces on the sole basis of a past diagnosis of a medical condition if— (1)the diagnosis occurred before such person reached the age of 13 years old;
(2)the condition did not require treatment during the five-year period that ends on the date on which such person seeks to become a member of the armed forces; (3)a licensed medical professional provides a current evaluation affirming that such person does not meet diagnostic criteria for the condition and is medically fit for service as a member of the armed forces; and
(4)the Secretary concerned determines such diagnosis is unlikely to impact the health and readiness of the armed force of which such person seeks to become a member. (c)Process for review or waiver of medical disqualifications (1)The Secretary concerned shall establish a process for the review of medical disqualifications of persons seeking to become a member of the armed forces.
(2)The Secretary concerned may approve the accession of a person into the armed forces without regard to a disqualifying medical diagnosis if the Secretary concerned determines that the accession of such person is in the interests of national security. (d)Reports (1)The Secretary of Defense shall submit to the congressional defense committees an annual report identifying—
(A)the number of persons disqualified from service as a member of the armed forces during the preceding calendar year due to medical history; (B)the number and type of approvals granted under subsection (c)(2) during the preceding calendar year; and
(C)any updates to the medical standards for accession established under subsection (a) or the process established under subsection (c)(1) since the submission of the preceding report. (2)For any fiscal year in which the Secretary concerned approves the accession of a person into the Coast Guard under subsection (c)(2), the Secretary of the department in which the Coast Guard is operating shall submit, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report identifying the information required under paragraph (1)(B) with regards to such member..
Section 199
658. Medical accession standards for members of the armed forces The Secretaries concerned shall establish uniform medical accession standards for each armed force. Such standards shall— apply uniformly for all commissioned officers of an armed force; and apply uniformly for all enlisted members of an armed force across each occupational specialty. The Secretary concerned shall make readily available and understandable to potential members of the armed forces the standards established under paragraph (1), including an explanation of the process established under subsection (c)(1) and the process for seeking approval under subsection (c)(2). No person may be disqualified from serving as a member of the armed forces on the sole basis of a past diagnosis of a medical condition if— the diagnosis occurred before such person reached the age of 13 years old; the condition did not require treatment during the five-year period that ends on the date on which such person seeks to become a member of the armed forces; a licensed medical professional provides a current evaluation affirming that such person does not meet diagnostic criteria for the condition and is medically fit for service as a member of the armed forces; and the Secretary concerned determines such diagnosis is unlikely to impact the health and readiness of the armed force of which such person seeks to become a member. The Secretary concerned shall establish a process for the review of medical disqualifications of persons seeking to become a member of the armed forces. The Secretary concerned may approve the accession of a person into the armed forces without regard to a disqualifying medical diagnosis if the Secretary concerned determines that the accession of such person is in the interests of national security. The Secretary of Defense shall submit to the congressional defense committees an annual report identifying— the number of persons disqualified from service as a member of the armed forces during the preceding calendar year due to medical history; the number and type of approvals granted under subsection (c)(2) during the preceding calendar year; and any updates to the medical standards for accession established under subsection (a) or the process established under subsection (c)(1) since the submission of the preceding report. For any fiscal year in which the Secretary concerned approves the accession of a person into the Coast Guard under subsection (c)(2), the Secretary of the department in which the Coast Guard is operating shall submit, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report identifying the information required under paragraph (1)(B) with regards to such member.
Section 200
534. Selective Service System: automatic registration The Military Selective Service Act (50 U.S.C. 3801 et seq.) is amended by striking section 3 (50 U.S.C. 3802) and inserting the following new section 3: Except as otherwise provided in this title, every male citizen of the United States, and every other male person residing in the United States, between the ages of eighteen and twenty-six, shall be automatically registered under this Act by the Director of the Selective Service System. This section shall not apply to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101) for so long as such alien continues to maintain a lawful nonimmigrant status in the United States. Regulations prescribed pursuant to this section (a) may require— a person subject to registration under this section to provide, to the Director, information (including date of birth, address, social security account number, phone number, and email address) regarding such person; a Federal entity to provide, to the Director, information described in paragraph (1) that the Director determines necessary to identify or register a person subject to registration under this section; and the Director to provide, to a person registered under this section, written notification that— such person has been so registered; and if such person is not required to be so registered, the procedure by which such person may correct such registration. The Military Selective Service Act is further amended— in section 4 (50 U.S.C. 3803)— in subsection (a)— by striking required to register each place it appears and inserting registered; by striking at the time fixed for his registration,; and by striking who is required to register and inserting registered; in subsection (k)(2), in the matter following subparagraph(B), by striking liable for registration and inserting registered; in section 6(a) (50 U.S.C. 3806(a))— in paragraph (1)— by striking required to be; by striking subject to registration and inserting registered; and by striking liable for registration and training and inserting registered and liable for training; in paragraph (2), by striking required to be each place it appears; in section 10(b)(3) (50 U.S.C. 3809(b)(3)) by striking registration,; in section 12 (50 U.S.C. 3811)— in subsection (d)— by striking , neglecting, or refusing to perform the duty of registering imposed by and inserting registration under; and by striking , or within five years next after the last day before such person does perform his duty to register, whichever shall first occur; in subsection (e)— by striking the Secretary of Health and Human Services and inserting Federal agencies; by striking by a proclamation of the President and inserting to be registered; by striking to present themselves for and submit to registration under such section; and by striking by the Secretary; and by striking subsection (g) (50 U.S.C. 3811(g)); and in section 15(a) (50 U.S.C. 3813(a)), by striking upon publication by the President of a proclamation or other public notice fixing a time for any registration under section 3. The amendments made by this section shall take effect one year after the date of the enactment of this Act. 3. (a) (1)Except as otherwise provided in this title, every male citizen of the United States, and every other male person residing in the United States, between the ages of eighteen and twenty-six, shall be automatically registered under this Act by the Director of the Selective Service System.
(2)This section shall not apply to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101) for so long as such alien continues to maintain a lawful nonimmigrant status in the United States. (b)Regulations prescribed pursuant to this section (a) may require—
(1)a person subject to registration under this section to provide, to the Director, information (including date of birth, address, social security account number, phone number, and email address) regarding such person; (2)a Federal entity to provide, to the Director, information described in paragraph (1) that the Director determines necessary to identify or register a person subject to registration under this section; and
(3)the Director to provide, to a person registered under this section, written notification that— (A)such person has been so registered; and
(B)if such person is not required to be so registered, the procedure by which such person may correct such registration..
Section 201
3. Except as otherwise provided in this title, every male citizen of the United States, and every other male person residing in the United States, between the ages of eighteen and twenty-six, shall be automatically registered under this Act by the Director of the Selective Service System. This section shall not apply to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101) for so long as such alien continues to maintain a lawful nonimmigrant status in the United States. Regulations prescribed pursuant to this section (a) may require— a person subject to registration under this section to provide, to the Director, information (including date of birth, address, social security account number, phone number, and email address) regarding such person; a Federal entity to provide, to the Director, information described in paragraph (1) that the Director determines necessary to identify or register a person subject to registration under this section; and the Director to provide, to a person registered under this section, written notification that— such person has been so registered; and if such person is not required to be so registered, the procedure by which such person may correct such registration.
Section 202
535. Waivers for potential enlistees into the Armed Forces to reapply for enlistment following a positive toxicology test for tetrahydrocannabinol It is the sense of Congress that— the Departments of the Army and the Navy have taken positive steps in their work to design and implement a waiver system that permits potential enlistees into the Armed Forces to reapply for enlistment following a positive toxicology test for tetrahydrocannabinol; given the ongoing recruitment and retention challenges undermining the Armed Forces readiness goals, the Departments of the Air Force, Space Force, and Marine Corps should develop and implement their own permanent waiver system commensurate with the process employed by the Army and Navy; and the Air Force, Space Force, and Marine Corps should establish permanent waiver programs. The Secretary of Defense shall— develop a program through which to provide waivers for potential enlistees into the Armed Forces who were not permitted to enlist following a positive toxicology test for tetrahydrocannabinol so that such potential enlistees are permitted to reapply for enlistment; assess the feasibility of contacting any such potential enlistees who were not permitted to enlist following a positive toxicology test for tetrahydrocannabinol in States where marijuna is legal under State laws; and to the extent feasible, develop a plan to contact such potential enlistees. No later than 180 days after the date of the enactment of this Act, Secretary of Defense shall submit to the congressional defense committees a report that includes a plan to create, disseminate, and use a clear definition that highlights that all waivered recruits are qualified and eligible to enlist in the Armed Forces, even if they do not meet every enlistment standard, and that existing standards of enlistment allow for waivers.
Section 203
541. Training requirements for occupational specialties with civilian equivalents Chapter 101 of title 10, United States Code, is amended by inserting after section 2009 the following new section: The Secretary concerned shall ensure that training provided to a member of the armed forces with respect to an occupational specialty in the armed forces for which there is a similar civilian occupation includes all training and appropriate certifications that will allow such member to enter such civilian occupation following separation from the armed forces without the need to satisfy any additional training or certification requirements. 2010.Training requirements for occupational specialties with civilian equivalentsThe Secretary concerned shall ensure that training provided to a member of the armed forces with respect to an occupational specialty in the armed forces for which there is a similar civilian occupation includes all training and appropriate certifications that will allow such member to enter such civilian occupation following separation from the armed forces without the need to satisfy any additional training or certification requirements. .
Section 204
2010. Training requirements for occupational specialties with civilian equivalents The Secretary concerned shall ensure that training provided to a member of the armed forces with respect to an occupational specialty in the armed forces for which there is a similar civilian occupation includes all training and appropriate certifications that will allow such member to enter such civilian occupation following separation from the armed forces without the need to satisfy any additional training or certification requirements.
Section 205
542. Inclusion of Space Force education programs in definitions regarding professional military education Section 2151(b) of title 10, United States Code, is amended— by adding at the end of paragraph (1) the following new subparagraph: The Space Force Senior Level Education Program. by adding at the end of paragraph (2) the following new subparagraph: The Space Force Intermediate Level Education Program. Section 2162(d) of such title is amended by adding at the end the following new paragraphs: The Space Force Senior Level Education Program. The Space Force Intermediate Level Education Program. (E)The Space Force Senior Level Education Program.; and (E)The Space Force Intermediate Level Education Program.. (9)The Space Force Senior Level Education Program. (10)The Space Force Intermediate Level Education Program..
Section 206
543. Center for Strategic Deterrence and Weapons of Mass Destruction Studies Chapter 108 of title 10, United States Code, is amended by inserting after section 2165 the following new section: The Secretary of Defense shall establish a Center for Strategic Deterrence and Weapons of Mass Destruction Studies within the Institute for National Strategic Studies of the National Defense University (in this section referred to as the Center). The Center established under subsection (a) shall— prepare national security leaders to address the challenges of strategic deterrence and weapons of mass destruction through education, research, and outreach activities throughout the Federal Government; develop leaders with an understanding of strategic deterrence and the implications of weapons of mass destruction; in accordance with guidance provided by the Chairman of the Joint Chiefs of Staff, develop and provide appropriate curricula, learning outcomes, and educational tools relating to strategic deterrence and weapons of mass destruction for use at institutions that provide joint professional military education; serve as the primary institution within the Department for the study of strategic deterrence and weapons of mass destruction education in joint professional military education; design, develop, and implement studies and analyses to enhance understanding of— strategic deterrence; the threat of weapons of mass destruction to the security of the United States and globally; and responses to prevent, mitigate, or eliminate the threat in accordance with Department and national security policies and strategies; and provide expert support on strategic deterrence and weapons of mass destruction issues to the Department of Defense and other Federal Government leaders. 2166.National Defense University: Center for Strategic Deterrence and Weapons of Mass Destruction Studies (a)EstablishmentThe Secretary of Defense shall establish a Center for Strategic Deterrence and Weapons of Mass Destruction Studies within the Institute for National Strategic Studies of the National Defense University (in this section referred to as the Center).
(b)MissionThe Center established under subsection (a) shall— (1)prepare national security leaders to address the challenges of strategic deterrence and weapons of mass destruction through education, research, and outreach activities throughout the Federal Government;
(2)develop leaders with an understanding of strategic deterrence and the implications of weapons of mass destruction; (3)in accordance with guidance provided by the Chairman of the Joint Chiefs of Staff, develop and provide appropriate curricula, learning outcomes, and educational tools relating to strategic deterrence and weapons of mass destruction for use at institutions that provide joint professional military education;
(4)serve as the primary institution within the Department for the study of strategic deterrence and weapons of mass destruction education in joint professional military education; (5)design, develop, and implement studies and analyses to enhance understanding of—
(A)strategic deterrence; (B)the threat of weapons of mass destruction to the security of the United States and globally; and
(C)responses to prevent, mitigate, or eliminate the threat in accordance with Department and national security policies and strategies; and (6) provide expert support on strategic deterrence and weapons of mass destruction issues to the Department of Defense and other Federal Government leaders..
Section 207
2166. National Defense University: Center for Strategic Deterrence and Weapons of Mass Destruction Studies The Secretary of Defense shall establish a Center for Strategic Deterrence and Weapons of Mass Destruction Studies within the Institute for National Strategic Studies of the National Defense University (in this section referred to as the Center). The Center established under subsection (a) shall— prepare national security leaders to address the challenges of strategic deterrence and weapons of mass destruction through education, research, and outreach activities throughout the Federal Government; develop leaders with an understanding of strategic deterrence and the implications of weapons of mass destruction; in accordance with guidance provided by the Chairman of the Joint Chiefs of Staff, develop and provide appropriate curricula, learning outcomes, and educational tools relating to strategic deterrence and weapons of mass destruction for use at institutions that provide joint professional military education; serve as the primary institution within the Department for the study of strategic deterrence and weapons of mass destruction education in joint professional military education; design, develop, and implement studies and analyses to enhance understanding of— strategic deterrence; the threat of weapons of mass destruction to the security of the United States and globally; and responses to prevent, mitigate, or eliminate the threat in accordance with Department and national security policies and strategies; and provide expert support on strategic deterrence and weapons of mass destruction issues to the Department of Defense and other Federal Government leaders.
Section 208
544. Service Academies; appointments and additional appointees Section 7442 of title 10, United States Code, is amended— in subsection (a)— by striking subsection (j) and inserting subsection (k); in paragraph (1), by striking as established by competitive examinations and inserting as determined by candidate composite score rank; and in the matter following paragraph (10)— in the second sentence— by inserting (in which event selection shall be in order of merit as determined by candidate composite score rank) after may be submitted without ranking; and by striking 9 ranked and inserting 14 ranked; by inserting after the second sentence the following If alternates are submitted unranked, any selection from among such unranked alternates shall be in order of merit as determined by candidate composite score rank.; and by striking shall be considered qualified alternates for the purpose of selection under other provisions of this chapter and inserting shall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees; by redesignating subsections (b) through (j) as subsections (c) through (k), respectively; by inserting after subsection (a) the following new subsection: There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Army from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter. in subsection (c), as redesignated by subparagraph (B)— in paragraph (1), by striking one hundred selected by the President and inserting up to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank; in paragraph (2)— by striking 85 and inserting up to 85 qualified candidates; and by inserting , selected in order of merit as determined by candidate composite score rank before the period at the end; in paragraph (3)— by striking 85 and inserting up to 85 qualified candidates; and by inserting , selected in order of merit as determined by candidate composite score rank before the period at the end; in paragraph (4)— by striking 20 and inserting up to 20 qualified candidates; and by inserting , selected in order of merit as determined by candidate composite score rank before the period at the end; and by striking paragraph (5); in subsection (f), as redesignated by subparagraph (B), by striking subsection (b) and inserting subsection (c); in subsection (h), as so redesignated— by striking subsection (b) each place it appears and inserting subsection (c); and in paragraph (4), by striking subsection (e) and inserting subsection (f); and by adding at the end the following new subsections: Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit. Not later than October 1 of each year, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including— with respect to the preceding admissions cycle— the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet. Section 7443 of title 10, United States Code, is amended— in the section heading, by striking appointment and inserting additional appointments; in the first sentence— by inserting (a) before If it is determined; and by striking who competed for nomination and inserting who were eligible and competed unsuccessfully for nomination under any other provision of law; in the second sentence— by striking (8) and inserting (10); and by striking holding competitive nominations and inserting who were eligible and competed unsuccessfully for nomination; and by adding at the end the following: “All provisions relating to candidate composite score in section 7442 of this title shall apply to calculation and use of candidate composite score as that term is used in this section. Not later than October 1 of each year, the Secretary of the Army shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle— the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 7442(e) of this title who had the lowest candidate composite scores; the total number of qualified and nominated (by any source), but not selected, candidates; and the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment. Section 8454 of title 10, United States Code, is amended— in subsection (a)— by striking subsection (h) and inserting subsection (i); in paragraph (1), by striking as established by competitive examination and inserting as determined by candidate composite score rank; and in the matter following paragraph (10)— in the second sentence— by inserting (in which event selection shall be in order of merit as determined by candidate composite score rank) after may be submitted without ranking; and by striking 9 ranked and inserting 14 ranked; by inserting after the second sentence the following If alternates are submitted unranked, any selection from among such unranked alternates shall be in order of merit as determined by candidate composite score rank.; and by striking shall be considered qualified alternates for the purpose of selection under other provisions of this chapter and inserting shall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees; by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; by inserting after subsection (a) the following new subsection: There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Navy from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter. in subsection (c), as redesignated by subparagraph (B)— in paragraph (1), by striking one hundred selected by the President and inserting up to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank; in paragraph (2)— by striking 85 and inserting up to 85 qualified candidates; and by inserting , selected in order of merit as determined by candidate composite score rank before the period at the end; in paragraph (3)— by striking 85 and inserting up to 85 qualified candidates; and by inserting , selected in order of merit as determined by candidate composite score rank before the period at the end; in paragraph (4)— by striking 20 and inserting up to 20 qualified candidates; and by inserting , selected in order of merit as determined by candidate composite score rank before the period at the end; and by striking paragraph (5); in subsection (f), as redesignated by subparagraph (B), by striking subsection (b) both places it appears and inserting subsection (c); and by adding at the end the following new subsections: Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit. Not later than October 1 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including— with respect to the preceding admissions cycle— the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each midshipman to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such midshipman was appointed (and if congressional, the type of slate that nominated the waived appointee); and for each midshipman who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such midshipman, including whether the midshipman is still at the Academy, the circumstances of such midshipman’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such midshipman. Section 8456 of title 10, United States Code, is amended— in the section heading, by inserting , additional appointments after Midshipmen; and in subsection (b)— in the first sentence, by striking who competed for nomination and inserting who were eligible and competed unsuccessfully for nomination under any other provision of law; in the second sentence— by striking (8) and inserting (10); and by striking who competed for appointment and inserting who were eligible and competed unsuccessfully for nomination; and by adding at the end the following: “All provisions relating to candidate composite score in section 8454 of this title shall apply to calculation and use of candidate composite score as that term is used in this section. Not later than October 1 of each year, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle— the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 8454(e) of this title who had the lowest candidate composite scores; the total number of qualified and nominated (by any source), but not selected, candidates; and the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment. Section 9442 of title 10, United States Code, is amended— in subsection (a)— by striking subsection (j) and inserting subsection (k); in paragraph (1), by striking as established by competitive examination and inserting as determined by candidate composite score rank; and in the matter following paragraph (10)— in the second sentence— by inserting (in which event selection shall be in order of merit as determined by candidate composite score rank) after may be submitted without ranking; and by striking 9 ranked and inserting 14 ranked; by inserting after the second sentence the following If alternates are submitted unranked, any selection from among such unranked alternates shall be in order of merit as determined by candidate composite score rank.; and by striking shall be considered qualified alternates for the purpose of selection under other provisions of this chapter and inserting shall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees; by redesignating subsections (b) through (j) as subsections (c) through (k), respectively; by inserting after subsection (a) the following new subsection: There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Air Force from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter. in subsection (c), as redesignated by subparagraph (B)— in paragraph (1), by striking one hundred selected by the President and inserting up to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank; in paragraph (2)— by striking 85 and inserting up to 85 qualified candidates; and by inserting , selected in order of merit as determined by candidate composite score rank before the period at the end; in paragraph (3)— by striking 85 and inserting up to 85 qualified candidates; and by inserting , selected in order of merit as determined by candidate composite score rank before the period at the end; in paragraph (4)— by striking 20 and inserting up to 20 qualified candidates; and by inserting , selected in order of merit as determined by candidate composite score rank before the period at the end; and by striking paragraph (5); in subsection (f), as redesignated by subparagraph (B), by striking subsection (b) and inserting subsection (c); in subsection (h), as so redesignated— in paragraph (2), by striking subsection (b) each place it appears and inserting subsection (c); in paragraph (3)— by striking subsection (b)(5) and insert subsection (b); in subparagraphs (A) through (C), by striking subsection (b) each place it appears and inserting subsection (c); and in paragraph (4), by striking subsection (e) and inserting subsection (f); and by adding at the end the following new subsections: Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit. Not later than October 1 of each year, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including— with respect to the preceding admissions cycle— the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet. Section 9443 of title 10, United States Code, is amended— in the section heading, by striking appointment and inserting additional appointments; in the first sentence— by inserting (a) before If it is determined; and by striking who competed for nomination and inserting who were eligible and competed unsuccessfully for nomination under any other provision of law; in the second sentence— by striking (8) and inserting (10); and by striking holding competitive nominations and inserting who were eligible and competed unsuccessfully for nomination; and by adding at the end the following: “All provisions relating to candidate composite score in section 9442 of this title shall apply to calculation and use of candidate composite score as that term is used in this section. Not later than October 1 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle— the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 9442(e) of this title who had the lowest candidate composite scores; the total number of qualified and nominated (by any source), but not selected, candidates; and the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment. (b)There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Army from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.; (l)Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit. (m)Not later than October 1 of each year, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—
(1)with respect to the preceding admissions cycle— (A)the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and
(B)the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and (2)for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet.. (b)Not later than October 1 of each year, the Secretary of the Army shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—
(1)the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 7442(e) of this title who had the lowest candidate composite scores; (2)the total number of qualified and nominated (by any source), but not selected, candidates; and
(3)the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.. (b)There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Navy from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.; (j)Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit. (k)Not later than October 1 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—
(1)with respect to the preceding admissions cycle— (A)the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and
(B)the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each midshipman to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such midshipman was appointed (and if congressional, the type of slate that nominated the waived appointee); and (2)for each midshipman who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such midshipman, including whether the midshipman is still at the Academy, the circumstances of such midshipman’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such midshipman.. (d)Not later than October 1 of each year, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle— (1)the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 8454(e) of this title who had the lowest candidate composite scores;
(2)the total number of qualified and nominated (by any source), but not selected, candidates; and (3)the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.. (b)There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Air Force from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.; (l)Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.
(m)Not later than October 1 of each year, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including— (1)with respect to the preceding admissions cycle—
(A)the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and (B)the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and
(2)for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet.. (b)Not later than October 1 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle— (1)the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 9442(e) of this title who had the lowest candidate composite scores;
(2)the total number of qualified and nominated (by any source), but not selected, candidates; and (3)the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment..
Section 209
545. Modifications to alternative obligation for cadets and midshipmen Section 7448(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking three and inserting five. Section 8459(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking three and inserting five. Section 9448(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking three and inserting five.
Section 210
546. Modification to the designation of Members of the House of Representatives to the Boards of Visitors of Service Academies Section 7455(a)(8) of title 10, United States Code, is amended by striking one other member and inserting two other members. Section 8468(a)(8) of title 10, United States Code, is amended by striking one other member and inserting two other members. Section 9455(a)(8) of title 10, United States Code, is amended by striking one other member and inserting two other members.
Section 211
547. Detail of members of the Space Force as instructors at Air Force Institute of Technology Section 9414 of title 10, United States Code, is amended— by striking the heading and inserting the following new heading: by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and by inserting after subsection (d) the following new subsection: The Secretary shall detail members of the Space Force as instructors at the United States Air Force Institute of Technology to provide instruction in areas that support the mission of the Space Force. The number of members of the Space Force detailed by the Secretary to the United States Air Force Institute of Technology as instructors during an academic year shall be equal to or greater than the product of— the total number of members of the Space Force divided by the total number of members of the Space Force and the Air Force; and the total number of instructors at the United States Air Force Institute of Technology. Not later than two years 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 implementation of subsection (e) of section 9414 of title 10, United States Code, as added by subsection (a) of this section, including— an identification of the number, academic specialties, and courses of instruction of the members of the Space Force detailed as instructors at the United States Air Force Institute of Technology; and an assessment of the contributions of those instructors to Space Force objectives. 9414.United States Air Force Institute of Technology: degree granting authority; faculty, reimbursement and tuition; acceptance of research grants; (e)Space Force faculty
(1)The Secretary shall detail members of the Space Force as instructors at the United States Air Force Institute of Technology to provide instruction in areas that support the mission of the Space Force. (2)The number of members of the Space Force detailed by the Secretary to the United States Air Force Institute of Technology as instructors during an academic year shall be equal to or greater than the product of—
(A)the total number of members of the Space Force divided by the total number of members of the Space Force and the Air Force; and (B)the total number of instructors at the United States Air Force Institute of Technology..
Section 212
9414. United States Air Force Institute of Technology: degree granting authority; faculty, reimbursement and tuition; acceptance of research grants
Section 213
548. Repeal of annual certifications related to the Ready, Relevant Learning initiative of the Navy Section 545 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 8431 note prec.) is repealed.
Section 214
549. Pilot program for generative artificial intelligence and spatial computing for performance training and proficiency assessment Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall develop and implement pilot program to optimize the use of generative artificial intelligence and spatial computing for immersive training and assessment. The pilot program required by subsection (a) shall include— the development of content with respect to not less than 5 occupational specialties; and methods to assess the feasibility and effectiveness of the use of generative artificial intelligence and spatial computing training methods in comparison to other training methods, particularly with respect to cost and time required to achieve training goals. The pilot program required by subsection (a) shall terminate on the date that is one year after the date of the establishment of the program. Not later than 90 days after the termination of the pilot program required by subsection (a), the Secretary of the Navy shall submit to the congressional defense committees a report describing the results of the pilot program, including an analysis of the effectiveness of the use of generative artificial intelligence and spatial computing for training and a description of any cost savings and savings in time required to achieve training goals.
Section 215
549A. Prohibition on use of Federal funds to endorse critical race theory No funds authorized to be appropriated by this Act may be used to endorse critical race theory— at an academic institution operated by the Department of Defense; in training provided to a member of the Armed Forces; or in professional military education. 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. 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.
Section 216
549B. Prohibition on the reduction of funding for foreign language training for members of the Armed Forces None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 may be obligated or expended by the Department of Defense to terminate, replace, reduce, or prepare to terminate, replace, or reduce a program of foreign language training or instruction until the Secretary of Defense submits to the congressional defense committees a report on the planned termination, replacement, or reduction, including— an identification of the programs the Secretary is seeking to terminate, replace, or reduce; the intent, scope, and impact of any funding reductions to foreign language training or instruction in relation to the national security interests of the United States; the impact of the termination, replacement, or reduction of the program on existing military linguists and Foreign Area Officers; and a certification that any termination, replacement, or reduction will not negatively impact the operations and mission of the Defense Language Institute Foreign Language Center. For purposes of subsection (a), a program of foreign language training or instruction includes— institutional language training programs conducted by the Defense Language Institute Foreign Language Center; unit-level or operational foreign language instruction and sustainment training; immersive or in-country language training programs; associated curriculum development, instructional staffing, and digital language training support; and any other program or activity of the Department of Defense that provides foreign language training or instruction to members of the Armed Forces.
Section 217
549C. Limitation on authority to reorganize the Senior Reserve Officers' Training Corps of the Army The Secretary of the Army may not reorganize a unit of the program of the Army until 90 days after the Secretary, acting through the Army Cadet Command, submits to the Committees on Armed Services of the Senate and House of Representatives a briefing. Elements of such a briefing shall specify the following, with regards to such proposed reorganization: Each position to be eliminated. A risk analysis regarding Army officer accessions that justifies such reorganization. Potential cost savings or expenses to the United States. The number of members of the program affected by the reorganization, including travel required travel. Any change to a scholarship awarded under section 2107 or 2107a of title 10, United States Code. In this section: The terms program and member of the program have the meanings given such terms in section 2101 of title 10, United States Code. The term reorganize, with respect to a unit of the program, includes closing, restructuring, reclassifying, merging, or realigning.
Section 218
549D. Report on interoperability of cyber training of the Armed Forces 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 on the interoperability of the cyber training programs of the Armed Forces. Such report shall include— the extent to which each of the Armed Forces use a standardized, common core curriculum for training members of such Armed Force; and the recommendation of the Secretary as to whether establishment of a Department of Defense cyber academy to provide common training to all of the Armed Forces would improve the cyber preparedness of the United States.
Section 219
549E. Modification to maximum years of service for eligibility detail as a student at a law school Section 2004(b)(1) of title 10, United States Code, is amended— in subparagraph (A)— in the matter preceding clause (i), by striking detailed pursuant to subsection (a)(1) and inserting with respect to whom the Secretary of a military department is providing funding for educational expenses in accordance with subsection (a)(2); and in clause (ii), by striking eight years and inserting 10 years; and in subparagraph (B) in the matter preceding clause (i), by striking detailed pursuant to subsection (a)(2) and inserting with respect to whom the Secretary of a military department is not providing funding for educational expenses in accordance with subsection (a)(3). Section 552(a)(2)(B) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118‑159; 138 Stat. 1894) is amended to read as follows: in paragraph (3)(C), by striking period of two years for each year or part thereof of his legal training under subsection (a). and inserting the following: period of— two years for each year or part thereof of legal training under subsection (a)(2); or one year for each year or part thereof of legal training under subsection (a)(3). The amendment made by paragraph (1) shall take effect as if included in the enactment of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118‑159). (B)in paragraph (3)(C), by striking period of two years for each year or part thereof of his legal training under subsection (a). and inserting the following:
period of— (i)two years for each year or part thereof of legal training under subsection (a)(2); or
(ii)one year for each year or part thereof of legal training under subsection (a)(3)... period of— (i)two years for each year or part thereof of legal training under subsection (a)(2); or
(ii)one year for each year or part thereof of legal training under subsection (a)(3)..
Section 220
549F. Director of Admissions of the United States Naval Academy Chapter 853 of title 10, United States Code, is amended by inserting after section 8451a the following new section: There is a director of admissions of the Naval Academy. The director of admissions shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such duties as the Superintendent of the Naval Academy may prescribe with the approval of the Secretary of the Navy. Subject to paragraph (2), a person appointed as director of admissions of the Naval Academy has the regular grade of commander in the Navy or lieutenant colonel in the Marine Corps. A person serving as director of admissions shall have the regular grade of captain in the Navy or colonel in the Marine Corps upon the earlier of— the date on which such person completes six years of service as the director of admissions; and the date on which such person would have been promoted had the person been selected for promotion from among officers in the promotion zone. The President may detail any officer of the Navy or the Marine Corps in a grade above lieutenant or captain, respectively, to perform the duties of director of admissions without appointing the officer as director of admissions. Such a detail does not affect the position of the officer on the active-duty list. 8451b.Director of admissions (a)Establishment and AppointmentThere is a director of admissions of the Naval Academy. The director of admissions shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such duties as the Superintendent of the Naval Academy may prescribe with the approval of the Secretary of the Navy.
(b)Grade
(1)Subject to paragraph (2), a person appointed as director of admissions of the Naval Academy has the regular grade of commander in the Navy or lieutenant colonel in the Marine Corps. (2)A person serving as director of admissions shall have the regular grade of captain in the Navy or colonel in the Marine Corps upon the earlier of—
(A)the date on which such person completes six years of service as the director of admissions; and (B)the date on which such person would have been promoted had the person been selected for promotion from among officers in the promotion zone.
(c)DetailThe President may detail any officer of the Navy or the Marine Corps in a grade above lieutenant or captain, respectively, to perform the duties of director of admissions without appointing the officer as director of admissions. Such a detail does not affect the position of the officer on the active-duty list..
Section 221
8451b. Director of admissions There is a director of admissions of the Naval Academy. The director of admissions shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such duties as the Superintendent of the Naval Academy may prescribe with the approval of the Secretary of the Navy. Subject to paragraph (2), a person appointed as director of admissions of the Naval Academy has the regular grade of commander in the Navy or lieutenant colonel in the Marine Corps. A person serving as director of admissions shall have the regular grade of captain in the Navy or colonel in the Marine Corps upon the earlier of— the date on which such person completes six years of service as the director of admissions; and the date on which such person would have been promoted had the person been selected for promotion from among officers in the promotion zone. The President may detail any officer of the Navy or the Marine Corps in a grade above lieutenant or captain, respectively, to perform the duties of director of admissions without appointing the officer as director of admissions. Such a detail does not affect the position of the officer on the active-duty list.
Section 222
549G. Report on Air National Guard C-130J Formal Training Unit No later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Chief of the National Guard Bureau, shall submit to the Committees on Armed Services of the House of Representatives and Senate a written report regarding the Air National Guard C-130J Formal Training Unit. Elements of such report shall include the following: The determination and reasoning of the Secretary whether such unit is adequate for the Air National Guard pilot and loadmaster throughputs. The determination of the Secretary whether there is a backlog of C-130J pilots and loadmasters in the Air Force and Air National Guard. How many pilots and loadmasters are trained through such unit each year. The determination of the Secretary whether the plan for training through such unit for fiscal years 2027 through 2030 is adequate for the Air National Guard recapitalization to C-130Js.
Section 223
549H. Accreditation of National Guard Marksmanship Training Center The Secretary of the Army shall accredit the National Guard Marksmanship Training Center (hereinafter, NGMTC), located at Robinson Maneuver Training Center, Arkansas, as a U.S. Army Training and Doctrine Command institution. Upon accreditation, the Secretary shall designate the Small Arms Weapons Expert and Squad Designated Marksman programs of instruction taught at NGMTC as Training Operations Management Activity validated, National Guard-centric courses. The Secretary shall award the Master Marksman Training additional skill identifier to members of the Army National Guard who successfully complete both programs specified in subsection (b). The Secretary shall— integrate such programs into the Army Program Objective Memorandum; and consider establishing a Modified Table of Organization and Equipment requirement associated with the additional skill identifier described in subsection (c) to ensure enduring demand and sustainment. Nothing in this section shall be construed to transfer operational control, administrative authority, or ownership of the facility of the National Guard Marksmanship Training Center from the Arkansas National Guard to the Department of Defense, the Department of the Army, or the National Guard Bureau.
Section 224
549I. Requirements with respect to motorcycle safety training The Secretaries of the military departments shall ensure that all beginner motorcycle safety training provided to members of the Armed Forces meets the motorcycle safety training requirements for licensing of the State in which the permanent station of the member receiving the training is located.
Section 225
549J. Pilot program on psychological performance training at the United States Air Force Academy The Secretary of Defense, acting through the Superintendent of the United States Air Force Academy, shall establish a pilot program to integrate psychological performance training into the curriculum and cadet development model at the United States Air Force Academy. The pilot program established pursuant to subsection (a) shall include— training for cadets, faculty, Commanders, and Academy Military Trainers in scientifically researched and evidence-based psychological performance skills focused on development of a high-performance mindset to increase readiness, warfighter lethality, and leadership under stress; the use of cognitive training tools and resources, including technologies and structured skill-building workshops, to improve resilience, focus, decision-making, and recovery under pressure; a leadership development component equipping faculty, Commanders, and Academy Military Trainers to mentor cadets in psychological performance skills across the course of the cadet experience; and collection and analysis of data on training effectiveness using established cadet performance and attrition measures. The Secretary shall ensure the pilot program established pursuant to subsection (a) includes evaluation of the following metrics: Attrition rates during Basic Cadet Training, the fourth class (freshman) year, and the third class (sophomore) year. Cadet testing and performance indicators, including graded review, grade point average, military performance average, and physical fitness testing. Counseling center utilization rates, self-reported stress and sleep quality metrics, and measures of cadet well-being. Utilization and results of cognitive training tools, including data on attention, relaxation, and workload regulation. The pilot program established pursuant to subsection (a) shall terminate on the date that is one year after the date of the establishment of such pilot program. Not later than 60 days after the termination of the pilot program under subsection (d), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes— the evaluation of the metrics described in subsection (c); an assessment of whether the pilot program reduced attrition and improved cadet performance and resilience; and the recommendation of the Secretary as to whether the Department of Defense should establish a Department-wide program for psychological performance training in accession programs.
Section 226
549K. Prohibition of participation by men in women’s sports at the Service Academies The Superintendent of a Service Academy may not allow a cadet or midshipman who is male to participate in an athletic program or activity at such Service Academy that is designated exclusively for cadets or midshipmen who are female. In this section: The term female refers to an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and uses eggs for fertilization. The term male refers to an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and uses sperm for fertilization. The term Service Academy has the meaning given such term in section 347 of title 10, United States Code.
Section 227
551. Ensuring the availability of legal advice to commanders Section 162(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: In all cases, forces assigned to a combatant command or to the United States element of the North American Aerospace Defense Command under this subsection shall include qualified judge advocates in numbers sufficient to provide legal advice to all commanders responsible for planning and organizing military operations and all commanders authorized to convene courts-martial under sections 822 through 824 of this title. The qualifications of judge advocates assigned under this paragraph shall include— the qualifications set forth in section 827 of this title; and any additional education, expertise, or experience determined to be necessary to fulfill the requirements of this paragraph by the Judge Advocate General of the armed force concerned, or in the case of the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps. (5)In all cases, forces assigned to a combatant command or to the United States element of the North American Aerospace Defense Command under this subsection shall include qualified judge advocates in numbers sufficient to provide legal advice to all commanders responsible for planning and organizing military operations and all commanders authorized to convene courts-martial under sections 822 through 824 of this title. The qualifications of judge advocates assigned under this paragraph shall include— (A)the qualifications set forth in section 827 of this title; and
(B)any additional education, expertise, or experience determined to be necessary to fulfill the requirements of this paragraph by the Judge Advocate General of the armed force concerned, or in the case of the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps..
Section 228
552. Modifications to offense of wrongful broadcast or distribution of intimate visual images under the Uniform Code of Military Justice Section 917a of title 10, United States Code (article 117a of the Uniform Code of Military Justice) is amended to read as follows: Any person subject to this chapter— who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is not a minor if— the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy; the authentic intimate visual depiction was broadcast, distributed, or published without the consent of the identifiable individual; what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; what is depicted is not a matter of public concern; and the broadcast, distribution, or publication of the intimate visual depiction— is intended to cause harm; or causes harm, including psychological, financial, or reputational harm, to the identifiable individual; who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is a minor with intent to— abuse, humiliate, harass, or degrade the minor; or arouse or gratify the sexual desire of any person; who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is not a minor if— the digital forgery was broadcast, distributed, or published without the consent of the identifiable individual; what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; what is depicted is not a matter of public concern; and the broadcast, distribution, or publication of the digital forgery— is intended to cause harm; or causes harm, including psychological, financial, or reputational harm, to the identifiable individual; or who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is a minor with intent to— abuse, humiliate, harass, or degrade the minor; or arouse or gratify the sexual desire of any person, Subsection (a) shall not apply to— a lawfully authorized investigative, protective, or intelligence activity of— a law enforcement agency of the United States, a State, or a political subdivision of a State; or an intelligence agency of the United States; a disclosure made reasonably and in good faith— to a law enforcement officer or agency; as part of a document production or filing associated with a legal proceeding; as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or educational purpose; in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or to seek support or help with respect to the receipt of an unsolicited intimate visual depiction; a disclosure reasonably intended to assist the identifiable individual; or a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct. For the purposes of subsection (a)— the fact that the depicted individual consented to the creation of the intimate visual depiction shall not establish that the person consented to its disclosure; and the fact that the depicted individual disclosed the intimate visual depiction to another person shall not establish that the depicted individual consented to the further disclosure of the intimate visual depiction. In this section: The term consent means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion. The term digital forgery means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual. The term identifiable individual means an individual— who appears in whole or in part in an intimate visual depiction; and whose face, likeness, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed in connection with such intimate visual depiction. The term visual depiction includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format. The term intimate visual depiction— means a visual depiction that depicts— the uncovered genitals, pubic area, anus, or female nipple of an identifiable individual; or the display or transfer of bodily sexual fluids— on to any part of the body of an identifiable individual; from the body of an identifiable individual; or an identifiable individual engaging in sexually explicit conduct; and includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not— voluntarily display the content depicted; or consent to the sexual conduct depicted. The term sexually explicit conduct means actual or simulated— sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of any person. The term minor means any individual under the age of 18 years. The term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons. The term distribute means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means. The term communications service means— a service provided by a person that is a common carrier; an electronic communication service; an information service; or an interactive computer service. The term common carrier means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier. The term electronic communication service means any service which provides to users thereof the ability to send or receive wire or electronic communications. The term information service means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. The term interactive computer service means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions. 917a. Art. 117a.Wrongful broadcast, distribution, or publication of intimate visual images
(a)ProhibitionAny person subject to this chapter— (1)who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is not a minor if—
(A)the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy; (B)the authentic intimate visual depiction was broadcast, distributed, or published without the consent of the identifiable individual;
(B)what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; (C)what is depicted is not a matter of public concern; and
(D)the broadcast, distribution, or publication of the intimate visual depiction— (i)is intended to cause harm; or
(ii)causes harm, including psychological, financial, or reputational harm, to the identifiable individual; (2)who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is a minor with intent to—
(A)abuse, humiliate, harass, or degrade the minor; or (B)arouse or gratify the sexual desire of any person;
(3)who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is not a minor if— (A)the digital forgery was broadcast, distributed, or published without the consent of the identifiable individual;
(B)what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; (C)what is depicted is not a matter of public concern; and
(D)the broadcast, distribution, or publication of the digital forgery— (i)is intended to cause harm; or
(ii)causes harm, including psychological, financial, or reputational harm, to the identifiable individual; or (4)who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is a minor with intent to—
(A)abuse, humiliate, harass, or degrade the minor; or (B)arouse or gratify the sexual desire of any person,is guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct and shall be punished as a court-martial may direct.
(b)ExceptionsSubsection (a) shall not apply to— (1)a lawfully authorized investigative, protective, or intelligence activity of—
(A)a law enforcement agency of the United States, a State, or a political subdivision of a State; or (B)an intelligence agency of the United States;
(2)a disclosure made reasonably and in good faith— (A)to a law enforcement officer or agency;
(B)as part of a document production or filing associated with a legal proceeding; (C)as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or educational purpose;
(D)in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or (E)to seek support or help with respect to the receipt of an unsolicited intimate visual depiction;
(3)a disclosure reasonably intended to assist the identifiable individual; or (4)a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct.
(c)ConsentFor the purposes of subsection (a)— (1)the fact that the depicted individual consented to the creation of the intimate visual depiction shall not establish that the person consented to its disclosure; and
(2)the fact that the depicted individual disclosed the intimate visual depiction to another person shall not establish that the depicted individual consented to the further disclosure of the intimate visual depiction. (d)DefinitionsIn this section:
(1)ConsentThe term consent means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion. (2)Digital forgeryThe term digital forgery means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual.
(3)Identifiable individualThe term identifiable individual means an individual— (A)who appears in whole or in part in an intimate visual depiction; and
(B)whose face, likeness, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed in connection with such intimate visual depiction. (4)Visual depictionThe term visual depiction includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format.
(5)Intimate visual depictionThe term intimate visual depiction— (A)means a visual depiction that depicts—
(i)the uncovered genitals, pubic area, anus, or female nipple of an identifiable individual; or (ii)the display or transfer of bodily sexual fluids—
(I)on to any part of the body of an identifiable individual; (II)from the body of an identifiable individual; or
(iii)an identifiable individual engaging in sexually explicit conduct; and (B)includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not—
(i)voluntarily display the content depicted; or (ii)consent to the sexual conduct depicted.
(6)Sexually explicit conductThe term sexually explicit conduct means actual or simulated— (A)sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B)bestiality; (C)masturbation;
(D)sadistic or masochistic abuse; or (E)lascivious exhibition of the genitals or pubic area of any person.
(7)MinorThe term minor means any individual under the age of 18 years. (8)BroadcastThe term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
(9)DistributeThe term distribute means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means. (10)Communications serviceThe term communications service means—
(A)a service provided by a person that is a common carrier; (B)an electronic communication service;
(C)an information service; or (D)an interactive computer service.
(11)Common carrierThe term common carrier means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier. (12)Electronic communication serviceThe term electronic communication service means any service which provides to users thereof the ability to send or receive wire or electronic communications.
(13)Information serviceThe term information service means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. (14)Interactive computer serviceThe term interactive computer service means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions..
Section 229
917a. Art. 117a. Wrongful broadcast, distribution, or publication of intimate visual images Any person subject to this chapter— who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is not a minor if— the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy; the authentic intimate visual depiction was broadcast, distributed, or published without the consent of the identifiable individual; what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; what is depicted is not a matter of public concern; and the broadcast, distribution, or publication of the intimate visual depiction— is intended to cause harm; or causes harm, including psychological, financial, or reputational harm, to the identifiable individual; who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is a minor with intent to— abuse, humiliate, harass, or degrade the minor; or arouse or gratify the sexual desire of any person; who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is not a minor if— the digital forgery was broadcast, distributed, or published without the consent of the identifiable individual; what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; what is depicted is not a matter of public concern; and the broadcast, distribution, or publication of the digital forgery— is intended to cause harm; or causes harm, including psychological, financial, or reputational harm, to the identifiable individual; or who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is a minor with intent to— abuse, humiliate, harass, or degrade the minor; or arouse or gratify the sexual desire of any person, Subsection (a) shall not apply to— a lawfully authorized investigative, protective, or intelligence activity of— a law enforcement agency of the United States, a State, or a political subdivision of a State; or an intelligence agency of the United States; a disclosure made reasonably and in good faith— to a law enforcement officer or agency; as part of a document production or filing associated with a legal proceeding; as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or educational purpose; in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or to seek support or help with respect to the receipt of an unsolicited intimate visual depiction; a disclosure reasonably intended to assist the identifiable individual; or a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct. For the purposes of subsection (a)— the fact that the depicted individual consented to the creation of the intimate visual depiction shall not establish that the person consented to its disclosure; and the fact that the depicted individual disclosed the intimate visual depiction to another person shall not establish that the depicted individual consented to the further disclosure of the intimate visual depiction. In this section: The term consent means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion. The term digital forgery means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual. The term identifiable individual means an individual— who appears in whole or in part in an intimate visual depiction; and whose face, likeness, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed in connection with such intimate visual depiction. The term visual depiction includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format. The term intimate visual depiction— means a visual depiction that depicts— the uncovered genitals, pubic area, anus, or female nipple of an identifiable individual; or the display or transfer of bodily sexual fluids— on to any part of the body of an identifiable individual; from the body of an identifiable individual; or an identifiable individual engaging in sexually explicit conduct; and includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not— voluntarily display the content depicted; or consent to the sexual conduct depicted. The term sexually explicit conduct means actual or simulated— sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of any person. The term minor means any individual under the age of 18 years. The term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons. The term distribute means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means. The term communications service means— a service provided by a person that is a common carrier; an electronic communication service; an information service; or an interactive computer service. The term common carrier means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier. The term electronic communication service means any service which provides to users thereof the ability to send or receive wire or electronic communications. The term information service means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. The term interactive computer service means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
Section 230
553. Punitive article under the Uniform Code of Military Justice for offenses relating to child pornography Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) is amended by inserting after section 917a (article 117a) the following new section (article): Any person subject to this chapter who knowingly and wrongfully— possesses, receives, or views child pornography; possesses child pornography with the intent to distribute; distributes child pornography; or produces child pornography, The maximum punishment for the offense of possessing, receiving, or viewing child pornography under subsection (a)(1) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. The maximum punishment for the offense of possessing child pornography with intent to distribute under subsection (a)(2) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years. The maximum punishment for the offense of distributing child pornography under subsection (a)(3) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years. The maximum punishment for the offense of producing child pornography under subsection (a)(4) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years. On motion of the Government, in any prosecution under this section, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography or visual depiction or copy thereof shall not be admissible and may be redacted from any otherwise admissible evidence, and the panel shall be instructed, upon request of the Government, that it can draw no inference from the absence of such evidence. Any facts or circumstances that show that a visual depiction of child pornography was unintentionally or inadvertently acquired are relevant to wrongfulness, including, the method by which the visual depiction was acquired, the length of time the visual depiction was maintained, and whether the visual depiction was promptly, and in good faith, destroyed or reported to law enforcement. An accused may not be convicted of an offense under subsection (a) if the accused was not aware that the visual depiction involved was of a minor or what appeared to be a minor, engaged in sexually explicit conduct. Awareness may be inferred from circumstantial evidence such as the name of a computer file or folder, the name of the host website from which a visual depiction was viewed or received, search terms used, and the number of images possessed. In this section: The term child pornography means material that contains either an obscene visual depiction of a minor engaging in sexually explicit conduct or a visual depiction of an actual minor engaging in sexually explicit conduct. The term distribute means to deliver to the actual or constructive possession of another. The term minor means any person under the age of 18 years. The term possess means to exercise control of something. Possession may be direct physical custody like holding an item in one’s hand, or it may be constructive, as in the case of a person who hides something in a locker or a car to which that person may return to retrieve it. Possession must be knowing and conscious. Possession inherently includes the power or authority to preclude control by others. It is possible for more than one person to possess an item simultaneously, as when several people share control over an item. The term produce— means to create or manufacture child pornography that did not previously exist; and does not include reproducing or copying child pornography. The term sexually explicit conduct means actual or simulated— sexual intercourse or sodomy, including genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals, anus, or pubic area of any person. The term visual depiction includes— any developed or undeveloped photograph, picture, film, or video; any digital or computer image, picture, film, or video made by any means, including those transmitted by any means including streaming media, even if not stored in a permanent format; or any digital or electronic data capable of conversion into a visual image. Section 801(17)(A) of title 10, United States Code (article 1(17)(A) of the Uniform Code of Military Justice), is amended— by inserting section 917b (article 117b), after section 917a (article 117a),; and by striking the standalone offense of child pornography punishable under section 934 (article 134),. 917b. Art. 117b.Child pornography (a)ProhibitionAny person subject to this chapter who knowingly and wrongfully—
(1)possesses, receives, or views child pornography; (2)possesses child pornography with the intent to distribute;
(3)distributes child pornography; or (4)produces child pornography,shall be punished as a court-martial may direct, subject to the applicable limits specified in subsection (b).
(b)Maximum punishments (1)The maximum punishment for the offense of possessing, receiving, or viewing child pornography under subsection (a)(1) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
(2)The maximum punishment for the offense of possessing child pornography with intent to distribute under subsection (a)(2) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years. (3)The maximum punishment for the offense of distributing child pornography under subsection (a)(3) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
(4)The maximum punishment for the offense of producing child pornography under subsection (a)(4) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years. (c)Treatment of personally identifiable informationOn motion of the Government, in any prosecution under this section, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography or visual depiction or copy thereof shall not be admissible and may be redacted from any otherwise admissible evidence, and the panel shall be instructed, upon request of the Government, that it can draw no inference from the absence of such evidence.
(d)Determination wrongfulnessAny facts or circumstances that show that a visual depiction of child pornography was unintentionally or inadvertently acquired are relevant to wrongfulness, including, the method by which the visual depiction was acquired, the length of time the visual depiction was maintained, and whether the visual depiction was promptly, and in good faith, destroyed or reported to law enforcement. (e)Determination of knowingAn accused may not be convicted of an offense under subsection (a) if the accused was not aware that the visual depiction involved was of a minor or what appeared to be a minor, engaged in sexually explicit conduct. Awareness may be inferred from circumstantial evidence such as the name of a computer file or folder, the name of the host website from which a visual depiction was viewed or received, search terms used, and the number of images possessed.
(f)DefinitionsIn this section: (1)The term child pornography means material that contains either an obscene visual depiction of a minor engaging in sexually explicit conduct or a visual depiction of an actual minor engaging in sexually explicit conduct.
(2)The term distribute means to deliver to the actual or constructive possession of another. (3)The term minor means any person under the age of 18 years.
(4) The term possess means to exercise control of something. Possession may be direct physical custody like holding an item in one’s hand, or it may be constructive, as in the case of a person who hides something in a locker or a car to which that person may return to retrieve it. Possession must be knowing and conscious. Possession inherently includes the power or authority to preclude control by others. It is possible for more than one person to possess an item simultaneously, as when several people share control over an item. (5)The term produce—
(A)means to create or manufacture child pornography that did not previously exist; and (B)does not include reproducing or copying child pornography.
(6)The term sexually explicit conduct means actual or simulated— (A)sexual intercourse or sodomy, including genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;
(B)bestiality; (C)masturbation;
(D)sadistic or masochistic abuse; or (E)lascivious exhibition of the genitals, anus, or pubic area of any person.
(7)The term visual depiction includes— (A)any developed or undeveloped photograph, picture, film, or video; any digital or computer image, picture, film, or video made by any means, including those transmitted by any means including streaming media, even if not stored in a permanent format; or
(B)any digital or electronic data capable of conversion into a visual image..
Section 231
917b. Art. 117b. Child pornography Any person subject to this chapter who knowingly and wrongfully— possesses, receives, or views child pornography; possesses child pornography with the intent to distribute; distributes child pornography; or produces child pornography, The maximum punishment for the offense of possessing, receiving, or viewing child pornography under subsection (a)(1) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. The maximum punishment for the offense of possessing child pornography with intent to distribute under subsection (a)(2) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years. The maximum punishment for the offense of distributing child pornography under subsection (a)(3) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years. The maximum punishment for the offense of producing child pornography under subsection (a)(4) shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years. On motion of the Government, in any prosecution under this section, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography or visual depiction or copy thereof shall not be admissible and may be redacted from any otherwise admissible evidence, and the panel shall be instructed, upon request of the Government, that it can draw no inference from the absence of such evidence. Any facts or circumstances that show that a visual depiction of child pornography was unintentionally or inadvertently acquired are relevant to wrongfulness, including, the method by which the visual depiction was acquired, the length of time the visual depiction was maintained, and whether the visual depiction was promptly, and in good faith, destroyed or reported to law enforcement. An accused may not be convicted of an offense under subsection (a) if the accused was not aware that the visual depiction involved was of a minor or what appeared to be a minor, engaged in sexually explicit conduct. Awareness may be inferred from circumstantial evidence such as the name of a computer file or folder, the name of the host website from which a visual depiction was viewed or received, search terms used, and the number of images possessed. In this section: The term child pornography means material that contains either an obscene visual depiction of a minor engaging in sexually explicit conduct or a visual depiction of an actual minor engaging in sexually explicit conduct. The term distribute means to deliver to the actual or constructive possession of another. The term minor means any person under the age of 18 years. The term possess means to exercise control of something. Possession may be direct physical custody like holding an item in one’s hand, or it may be constructive, as in the case of a person who hides something in a locker or a car to which that person may return to retrieve it. Possession must be knowing and conscious. Possession inherently includes the power or authority to preclude control by others. It is possible for more than one person to possess an item simultaneously, as when several people share control over an item. The term produce— means to create or manufacture child pornography that did not previously exist; and does not include reproducing or copying child pornography. The term sexually explicit conduct means actual or simulated— sexual intercourse or sodomy, including genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals, anus, or pubic area of any person. The term visual depiction includes— any developed or undeveloped photograph, picture, film, or video; any digital or computer image, picture, film, or video made by any means, including those transmitted by any means including streaming media, even if not stored in a permanent format; or any digital or electronic data capable of conversion into a visual image.
Section 232
554. Authorization of death penalty for offense of rape of a child under the Uniform Code of Military Justice Section 920b(a) of title 10, United States Code (article 120b(a) of the Uniform Code of Military Justice), is amended by inserting by death, or such other punishment after shall be punished.
Section 233
555. Increase in maximum sentence for the offense of voluntary manslaughter under the Uniform Code of Military Justice Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Joint Service Committee on Military Justice, shall review and recommend to the President an increase for the maximum sentence for voluntary manslaughter under section 919(a) of title 10, United States Code (article 119(a) of the Uniform Code of Military Justice). Following receipt of the recommendation under subsection (a) but not later than one year after the date of the enactment of this Act, the President shall prescribe regulations updating the maximum sentence for voluntary manslaughter under section 919(a) of title 10, United States Code (article 119(a) of the Unform Code of Military Justice), in accordance with such recommendation.
Section 234
556. Analysis of the advisability of modifying the definition of abusive sexual contact under the Uniform Code of Military Justice The Secretary of Defense, in coordination with the Joint Service Committee on Military Justice, shall analyze the advisability of modifying the definition of abusive sexual contact under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), to address the full range of harmful behaviors associated with sexual assault and to prevent misapplication of the offense to acts that are not inherently abusive. Not later than 180 days 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 detailing the results of the analysis under subsection (a) and any associated recommendations.
Section 235
557. Revision to sexual assault prevention and response training guidance Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness, in coordination with the Director of the Sexual Assault Prevention and Response Office of the Department of Defense, shall revise sexual assault prevention and response training guidance to require that information on the resources of the Department of Veterans Affairs to address experiences with unwanted sexual behavior be included in the annual or periodic sexual assault prevention and response training that is administered to all members of the Armed Forces. The Secretary of Defense shall ensure that each Secretary of a military department— incorporates the revised guidance under subsection (a) into the formal training curricula of the military department concerned; provides documented confirmation to the Under Secretary of Defense for Personnel and Readiness that the revised training has been delivered to all currently serving members of the Armed Forces within one year of the approval of such revised guidance; and establishes a mechanism to verify continued compliance with the revised guidance. Not later than one year after the date on which the revised guidance is issued under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report that includes— an assessment of the extent to which each military department has implemented the guidance; and statistics on number of members of the Armed Forces trained under the revised guidance. In this section: The term unwanted sexual behavior means any sexual contact or interaction to which an individual does not or could not freely consent, including harassment, coercion, assault, or abuse. The term sexual assault prevention and response training means any training, instruction, or education provided pursuant to Department of Defense Instruction 6495.02, Volume 2 or any successor guidance.
Section 236
558. Reports and briefings on efforts to prevent and respond to sexual assault, sexual harassment, and intimate-partner violence within the Department of Defense Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Secretary of Defense, acting through the Executive Director of Force Resiliency, shall submit to the committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Department of Defense to prevent and respond to sexual assault, sexual harassment, and intimate-partner violence. Each report under paragraph (1) shall include the following: An overview of the efforts of the Department of Defense to prevent and respond to sexual assault, sexual harassment, and intimate partner violence. With respect to the period covered by the report, the most recently available data on— reports of sexual assault; reports of sexual harassment; reports of intimate partner violence; staffing of the primary prevention workforce, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps; staffing of the sexual assault and harassment response workforce, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps; staffing of the family advocacy program, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps; staffing of the offices of special trial counsel, including filled and unfilled positions disaggregated by the Army, Air Force, Navy, and Marine Corps; and staffing of the Army Criminal Investigation Division, Air Force Office of Special Investigations, and Naval Criminal Investigative Service, including filled and unfilled positions dedicated to covered offenses under the jurisdiction of special trial counsels. Not later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the lead special trial counsels of the Army, Navy, Air Force, and Marine Corps shall jointly provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of special trial counsels in prosecuting covered offenses. In this section, the terms covered offense and special trial counsel have the meanings given those terms in section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice).
Section 237
559. Study and recommendations regarding misconduct prevention in Okinawa, Japan Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract or other agreement with a federally funded research and development center pursuant to which the center shall— conduct a study to evaluate the effectiveness of programs, policies, and practices of the covered Armed Forces to prevent criminal activity and other misconduct by members stationed in Okinawa, Japan; and develop evidence-based options and recommendations for changes to programs, policies, and practices to prevent criminal activity and other misconduct by members of the covered Armed Forces stationed in Okinawa, Japan. The federally funded research and development center that carries out the study and analysis under subsection (a) shall submit to the Secretary of Defense and the Secretaries of the military departments a report on the results of such study. Not later than 30 days after receiving the report under subsection (b), the Secretary of Defense shall submit an unaltered copy of the report to the Committees on Armed Services of the Senate and the House of Representatives. Not later than 180 days after receiving the report under subsection (b), each Secretary of a military department shall— review the findings of the report and, based on such findings, develop a plan to improve prevention of criminal activity and other misconduct by members of the covered Armed Forces under the jurisdiction of that Secretary who are stationed in Okinawa, Japan; and provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plan. In this section, the term covered Armed Forces means the Army, Navy, Marine Corps, Air Force, and Space Force.
Section 238
560. Automatic expungement of certain titling and indexing records A titling or indexing record pertaining to a covered person in a covered database shall be expunged automatically 10 years after the date on which such person separates from military service, unless— a finding of guilt by court-martial was made in connection with the conduct to which the record pertains; or the service member is reasonably expected to be prosecuted for such conduct by court-martial or in a civilian court within one year following the expiration of such 10-year period. The Secretary of Defense shall revise Department of Defense Instruction 5505.07 and any other related or successor guidance, as necessary, to implement the requirements of subsection (a). In this section: The term covered person means any individual subject to the jurisdiction of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), who is— a current or former civilian employee of the Department of Defense; or a current or former member of the Armed Forces. The term covered database means the Department of Defense Central Index of Investigations (DCII) or any equivalent investigatory system under the control of the Department of Defense. The term titled or titling means the placement of a person’s name in the subject or title block of a criminal investigative report or indexing system, including the DCII. The term expungement means the complete and permanent removal of any identifying and investigative information pertaining to a covered person from all covered investigative databases, including any retained, archived, hidden, derivative, or shadow records. Expungement shall be total, irreversible, and render the record indistinguishable from one that never existed.
Section 239
561. Establishment of separation oath for members of the Armed Forces Section 502 of title 10, United States Code, is amended— in subsection (b), by striking The oath and inserting An oath established by this section; by redesignating subsection (b), as amended, as subsection (c); and by inserting after subsection (a) the following new subsection (b): Prior to retirement or other separation from the armed forces, other than separation pursuant to the sentence of a court-martial, a member of an armed force may take the following oath: I, __________, recognizing that my oath to support and defend the Constitution of the United States against all enemies, foreign and domestic, has involved me and my fellow members in experiences that few persons, other than our peers, can understand, do solemnly swear (or affirm) to continue to be the keeper of my brothers- and sisters-in-arms and protector of the United States and the Constitution; to preserve the values I have learned; to maintain my body and my mind; to give help to, and seek help from, my fellow veterans; and to not bring harm to myself or others. I take this oath freely and without purpose of evasion, so help me God. The heading of section 502 of title 10, United States Code, is amended to read as follows: (b)Separation oathPrior to retirement or other separation from the armed forces, other than separation pursuant to the sentence of a court-martial, a member of an armed force may take the following oath: I, __________, recognizing that my oath to support and defend the Constitution of the United States against all enemies, foreign and domestic, has involved me and my fellow members in experiences that few persons, other than our peers, can understand, do solemnly swear (or affirm) to continue to be the keeper of my brothers- and sisters-in-arms and protector of the United States and the Constitution; to preserve the values I have learned; to maintain my body and my mind; to give help to, and seek help from, my fellow veterans; and to not bring harm to myself or others. I take this oath freely and without purpose of evasion, so help me God.. 502.Enlistment oath and separation oath: who may administer.
Section 240
502. Enlistment oath and separation oath: who may administer
Section 241
562. Presentation by a veterans service organization in TAP preseparation counseling Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: A presentation that promotes the benefits available to veterans under laws administered by the Secretary of Veterans Affairs. Such presentation— shall be standardized; shall be previously reviewed and approved by the Secretary of Veterans Affairs; shall be submitted by the Secretary of Veterans Affairs to the Committees on Veterans’ Affairs of the Senate and House of Representatives for review at least 90 days before implementation; shall be presented by— a national representative of a veterans service organization recognized under section 5902 of title 38; or if a national representative is unavailable, a State or local representative of such an organization authorized by the Secretary concerned to so present; shall include information on how a veterans service organization may assist the member in filing a claim described in paragraph (19); may not encourage the member to join a particular veterans service organization; and may not exceed one hour in length. Not less than once each 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 House of Representatives, and to the Committees on Veterans’ Affairs of the Senate and House of Representatives, a report— that identifies each veterans service organization that presented under paragraph (20) of section 1142(b) of title 10, United States Code, as added by subsection (a); that contains the number of members of the Armed Forces who attended such presentations; and that includes any recommendations of the Secretary regarding changes to such presentation or to such paragraph. (20)A presentation that promotes the benefits available to veterans under laws administered by the Secretary of Veterans Affairs. Such presentation— (A)shall be standardized;
(B)shall be previously reviewed and approved by the Secretary of Veterans Affairs; (C)shall be submitted by the Secretary of Veterans Affairs to the Committees on Veterans’ Affairs of the Senate and House of Representatives for review at least 90 days before implementation;
(D)shall be presented by— (i)a national representative of a veterans service organization recognized under section 5902 of title 38; or
(ii)if a national representative is unavailable, a State or local representative of such an organization authorized by the Secretary concerned to so present; (E)shall include information on how a veterans service organization may assist the member in filing a claim described in paragraph (19);
(F)may not encourage the member to join a particular veterans service organization; and (G)may not exceed one hour in length..
Section 242
563. Expansion of eligibility of veterans for certain military adaptive sports program Section 2564a of title 10, United States Code, is amended in subsection (a)(1)(B), in the matter preceding clause (i), by striking , during the one-year period following the veteran’s date of separation,.
Section 243
564. Transition Assistance Program: Department of Labor Employment Navigator and Partnership Pilot Program Not later than one year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall carry out a pilot program to be known as the Employment Navigator and Partnership Pilot Program. The pilot program shall supplement the program under section 1144 of title 10, United States Code. In carrying out the pilot program under this section, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall— seek to enter into contracts with public, private, and nonprofit entities under which such entities provide individualized employment counseling for members of the Armed Forces and their spouses; prioritize entering into contracts with qualified private entities that have experience providing instruction to members of the Armed Forces eligible for assistance under the pilot program carried out under this section on— private sector culture, resume writing, career networking, and training on job search technologies; academic readiness and educational opportunities; or other relevant topics, as determined by the Secretary; give a preference to any private entity that— has a national or international geographical area of service; provides multiple forms of career assistance and placement services to— active duty members of the Armed Forces; spouses of active duty members of the Armed Forces; veterans; and spouses of veterans; provides services to at least 1,000 individuals who are— active duty members of the Armed Forces; spouses of active duty members of the Armed Forces; veterans; or spouses of veterans; has continuously, for at least the three-year period immediately preceding the date of the contract, provided services to individuals who are— active duty members of the Armed Forces; spouses of active duty members of the Armed Forces; veterans; and spouses of veterans; and has a demonstrated record of success in providing assistance with employment services, as indicated by— the average wages or earnings of people who receive employment services provided by the entity; prior completion of Federal grants or contracts; having at least 75 percent of its participants find full-time employment within six months of initially receiving employment services provided by the entity; and other employment performance indicators, as determined by the Secretary; and seek to enter into contracts with not fewer than 10, but not more than 60, private entities under which each such entity is compensated at a rate agreed upon between the Secretary and the entity for each individual who receives employment services provided by the entity and is in unsubsidized employment during the second quarter after exit from the program; and conduct such other activities as may be necessary for the delivery of individualized employment counseling and other employment services under this section. Not later than October 1 of each year during the term of the pilot program, the Secretary of Labor, in consultation with the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and the Secretary of Veterans Affairs, shall submit to the Committees on Armed Services, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the pilot program under this section, including the employment outcomes for members of the Armed Forces and their spouses who receive employment services under the program on the following indicators of performance— the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; and the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program. The pilot program shall terminate five years after the date on which the Secretary of Labor begins to carry out the pilot program.
Section 244
565. Skillbridge: apprenticeship programs Not later than September 30, 2026, the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Department of the Navy, shall conduct a study to identify the private entities participating in Skillbridge that offer positions in registered apprenticeship programs to covered members. The Secretary of Defense shall consult with officials and employees of the Department of Labor who have experience with registered apprenticeship programs to facilitate the Secretary entering into agreements with entities that offer positions described in subsection (a) in areas where the Secretary determines few such positions are available to covered members. In this section: The term covered member means a member of the Armed Forces eligible for Skillbridge. The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). The term Skillbridge means an employment skills training program under section 1143(e) of title 10, United States Code.
Section 245
566. Female members of certain Armed Forces and civilian employees of the Department of Defense in STEM Not later than September 30, 2025, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of a study on how to— increase participation of covered individuals in positions in the covered Armed Forces or Department of Defense and related to STEM; and change Skillbridge to help covered individuals eligible for Skillbridge find civilian employment in positions related to STEM. In this section: The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force. The term covered individual means a female— member of a covered Armed Force; or civilian employee of the Department of Defense. The term Skillbridge means an employment skills training program under section 1143(e) of title 10, United States Code. The term STEM means science, technology, engineering, and mathematics.
Section 246
567. Transition Assistance Program: amendments; pilot program; reports Subsection (a) of section 1142 of title 10, United States Code, is amended, in paragraph (1)— by inserting (A) before Within; and by adding at the end the following new subparagraph: The Secretary concerned shall ensure that a member described in subparagraph (A) receives preseparation counseling in the following amounts: In the case of a member who has accepted an offer of full-time employment, or has enrolled in a program of education or vocational training, that shall commence after the member separates, retires, or is discharged, not fewer than three days. In the case of a member other than a member described in clause (i), not fewer than five days. Such subsection is further amended, in paragraph (2)— by inserting (A) before In carrying; and by adding at the end the following new subparagraph: Preseparation counseling shall be provided in person to the extent practicable. If the Secretary concerned determines that a member cannot attend such counseling in person, such member may receive such counseling remotely, with online access to modules and reading materials. Such subsection is further amended, in paragraph (3), by adding at the end the following new subparagraph: The Secretary of Defense shall implement a system to track how many, and what percentage of, members begin to receive preseparation counseling within time periods specified in this paragraph. Such subsection is further amended, in paragraph (4), by adding at the end the following new subparagraph: The Secretary concerned may waive the requirement for preseparation counseling under paragraph (1) in the case of a member of the reserve components if— the member requests such a waiver; the member received preseparation counseling during the period of three years preceding the date of such request; and matters covered by such counseling, specified in subsection (b), have not changed since the member last received such counseling. Such subsection is further amended by adding at the end the following new paragraph: The commanding officer of a member described in this subsection may, on a space available basis, authorize such member to receive preseparation counseling, regardless of whether such member reenlists or agrees to a new period of obligated service. Such subsection is further amended by adding at the end the following new paragraph: A member who received preseparation counseling under this section may, before separation, retirement, or discharge, request to receive, on a space-available basis, such preseparation counseling a second time. Such section is further amended, in subsection (b), in paragraph (5), by striking regarding the matters covered by paragraphs (9), (10), and (16). Such subsection is further amended, in paragraph (9)— by inserting (A) before Financial; by striking loans and inserting loans, debt management, investing; and by adding at the end the following new subparagraphs: Individualized assistance regarding matters described in subparagraph (A). Counseling under subparagraph (A) or (B) shall be provided by an individual who has significant experience in financial planning. Such section is further amended, in paragraph (1) of subsection (c), in the matter preceding subparagraph (A)— by striking Each Secretary concerned and inserting The Secretaries of Defense and Homeland Security; and by striking pathways for members of the military department concerned (including one pathway for members of the reserve components) and inserting pathways, standardized across the armed forces and including one pathway for members of the reserve components, for members. Such subsection is further amended by adding at the end the following new paragraph: The Secretary concerned shall ensure that the pathway in which a member is placed, and the reasons for such placement, are noted in the service record of such member. Such section is further amended, in subsection (d)— by striking the heading and inserting Transmission of certain information to other departments; by inserting (1) before In the case; and by adding at the end the following new paragraphs: Before a member described in subsection (a) separates, retires, or is discharged, the Secretary concerned shall transmit to the Secretary of Veterans Affairs the following information: The contact information of such member. The Department of Defense Form DD-2648 regarding such member. In the case of a member described in subsection (a) whom the Secretary concerned determines is at risk for a difficult transition to civilian life, the Secretary concerned shall, before the member separates, retires, or is discharged, provide— such member with the contact information of an employee of the Department of Veterans Affairs and an employee of the Department of Labor; and such employees with the contact information of such member. Each employee described in subparagraph (A) shall contact the member described in such subparagraph not later than 60 days after such member separates, retires, or is discharged. The Secretary of Veterans Affairs and the Secretary of Labor shall each submit to the Committees on Armed Services and on Veterans’ Affairs of the Senate and House of Representatives an annual report that identifies the number of times, and reasons why, an employee of the department under the jurisdiction of such Secretary failed to carry out subparagraph (B) in the year preceding the date of the report. The Secretary of Defense and Secretary of Homeland Security shall prescribe regulations to ensure that, for purposes of this paragraph, each Secretary concerned uses the same definition of the term at risk for a difficult transition to civilian life. Such section is further amended by adding at the end the following new subsection: Not less than once each year, an employee or contractor of each department specified in subparagraph (B) shall make unannounced visits to preseparation counseling under this section in order to audit such counseling. The departments specified in this subparagraph are the Department of Defense, the Department of Veterans Affairs, and the Department of Labor. Not later than 90 days after such a visit, the employee or contractor shall submit to the Committees on Armed Services and on Veterans’ Affairs of the Senate and House of Representatives a report regarding such audit. Such employees or contractors shall have expertise regarding matters described in subsection (b). Such section is further amended by adding at the end the following new subsection: Not less than once each year, the Secretaries of Defense, Veterans Affairs, and Labor shall review and update curricula for counseling and services under this section and section 1144 of this title. Section 523 of title 38, United States Code, is amended by adding at the end the following new subsection: The Secretary shall maintain a publicly available website of the Department through which a veteran or dependent of a veteran may search by ZIP code for programs for— veterans who recently separated from active military, naval, air, or space service; or dependents of veterans described in paragraph (1). Section 4101 of title 38, United States Code, is amended in paragraph (5)— in subparagraph (A), by striking the comma at the end and inserting a semicolon; in subparagraph (B), by striking power, or and inserting power; in subparagraph (C), by striking the period at the end and inserting ; or; and by adding at the end the following new subparagraph: a member of the Armed Forces eligible for the Transition Assistance Program under sections 1142 and 1144 of title 10. Section 4103A(a)(1) of such title is amended— in the matter preceding subparagraph (A), by inserting and certain eligible persons after eligible veterans; by redesignating subparagraph (C) as subparagraph (D); and by inserting after subparagraph (B) the following new subparagraph (C): Eligible persons described in paragraph (5)(D) of section 4101 of this title. Subsection (b) of section 6320 of title 38, United States Code, is amended, in of paragraph (1), by striking transition classes or separation and inserting TAP classes or preseparation counseling. Such paragraph is further amended, in subparagraph (H), by inserting and of TAP before the period. Such section is further amended— by striking paragraph (3) of subsection (b); and by adding at the end the following new subsection: In this section: The term TAP means the Transition Assistance Program under sections 1142 and 1144 of title 10. The term Vet Center has the meaning given such term in section 1712A(h) of this title. The term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of this title. Section 570F of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1142 note) is amended, in subsection (a)— by redesignating paragraph (8) as paragraph (9); and by inserting, after paragraph (7), the following new paragraph (8): Benefits for low-income households, including the supplemental nutrition assistance program (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (Public Law 88–525; 7 U.S.C. 2012)). Such section is further amended, in subsection (d), by striking Information and inserting Except for information related to whether an individual is eligible for benefits described in paragraph (8) of subsection (a), information. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program for spouses of members of the covered Armed Forces who are eligible to receive preseparation counseling under TAP. Participation in the pilot program shall be on a voluntary basis. The Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of Labor, shall establish a curriculum based on TAP for the pilot program. Counseling under the pilot program shall— be tailored to the military spouse and family; be offered at least once per calendar quarter at each location selected under paragraph (5); be offered at times including nights and weekends; and include at least one hour regarding benefits and assistance available to military families and veterans from each department under the jurisdiction of the Secretaries specified in subparagraph (C). The Secretary of Defense shall carry out the pilot program at not fewer than five military installations of each of the covered Armed Forces. One such location shall be located outside the continental United States. Not later than one year before the pilot program terminates, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report to the regarding the pilot program. Such report shall include elements the Secretary determines appropriate, including whether the pilot program should be made permanent. The pilot program shall terminate three years after the Secretary of Defense establishes the pilot program. In this subsection: The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force. The term TAP means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code. 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 and on Veterans’ Affairs of the Senate and House of Representatives a report on the Transition Assistance Program at military installations where at least 250 members per year receive preseparation counseling under section 1142 of title 10, United States Code. Such report shall include the following elements with regards to the year preceding the date of such report, disaggregated by military installation: The number of members described in subsection (a)(1)(B)(ii) of such section 1142, as added by subsection (a), who received fewer than five days of preseparation counseling under such section. The average period of time between when a member begins to receive preseparation counseling and the day the member separates, retires, or is discharged. The number of members who began to receive preseparation counseling and then re-enlisted or agreed to a new period of obligated service. The number of members who began to receive preseparation counseling and then were deployed. The number of members assigned to each pathway under subsection (c) of such section. The number of members who, in the course of such preseparation counseling, were referred to another Federal agency or department. The Federal agencies or departments to which members were so referred. The number of members who should have been, but were not, so referred, and reasons why such referrals did not occur. The number of members who receive such preseparation counseling and apply for unemployment compensation under subchapter II of chapter 85 of title 5, United States Code. The total amount of such unemployment compensation paid to members separating from the Armed Forces. (B)The Secretary concerned shall ensure that a member described in subparagraph (A) receives preseparation counseling in the following amounts: (i)In the case of a member who has accepted an offer of full-time employment, or has enrolled in a program of education or vocational training, that shall commence after the member separates, retires, or is discharged, not fewer than three days.
(ii)In the case of a member other than a member described in clause (i), not fewer than five days.. (B)Preseparation counseling shall be provided in person to the extent practicable. If the Secretary concerned determines that a member cannot attend such counseling in person, such member may receive such counseling remotely, with online access to modules and reading materials.. (C)The Secretary of Defense shall implement a system to track how many, and what percentage of, members begin to receive preseparation counseling within time periods specified in this paragraph.. (D)The Secretary concerned may waive the requirement for preseparation counseling under paragraph (1) in the case of a member of the reserve components if— (i)the member requests such a waiver;
(ii)the member received preseparation counseling during the period of three years preceding the date of such request; and (iii)matters covered by such counseling, specified in subsection (b), have not changed since the member last received such counseling.. (5)The commanding officer of a member described in this subsection may, on a space available basis, authorize such member to receive preseparation counseling, regardless of whether such member reenlists or agrees to a new period of obligated service.. (6)A member who received preseparation counseling under this section may, before separation, retirement, or discharge, request to receive, on a space-available basis, such preseparation counseling a second time.. (B)Individualized assistance regarding matters described in subparagraph (A).
(C)Counseling under subparagraph (A) or (B) shall be provided by an individual who has significant experience in financial planning.. (4)The Secretary concerned shall ensure that the pathway in which a member is placed, and the reasons for such placement, are noted in the service record of such member.. (2)Before a member described in subsection (a) separates, retires, or is discharged, the Secretary concerned shall transmit to the Secretary of Veterans Affairs the following information: (A)The contact information of such member.
(B)The Department of Defense Form DD-2648 regarding such member. (3) (A)In the case of a member described in subsection (a) whom the Secretary concerned determines is at risk for a difficult transition to civilian life, the Secretary concerned shall, before the member separates, retires, or is discharged, provide—
(i)such member with the contact information of an employee of the Department of Veterans Affairs and an employee of the Department of Labor; and (ii)such employees with the contact information of such member.
(B)Each employee described in subparagraph (A) shall contact the member described in such subparagraph not later than 60 days after such member separates, retires, or is discharged. (C)The Secretary of Veterans Affairs and the Secretary of Labor shall each submit to the Committees on Armed Services and on Veterans’ Affairs of the Senate and House of Representatives an annual report that identifies the number of times, and reasons why, an employee of the department under the jurisdiction of such Secretary failed to carry out subparagraph (B) in the year preceding the date of the report.
(D)The Secretary of Defense and Secretary of Homeland Security shall prescribe regulations to ensure that, for purposes of this paragraph, each Secretary concerned uses the same definition of the term at risk for a difficult transition to civilian life.. (f)Audits
(1)
(A)Not less than once each year, an employee or contractor of each department specified in subparagraph (B) shall make unannounced visits to preseparation counseling under this section in order to audit such counseling. (B)The departments specified in this subparagraph are the Department of Defense, the Department of Veterans Affairs, and the Department of Labor.
(2)Not later than 90 days after such a visit, the employee or contractor shall submit to the Committees on Armed Services and on Veterans’ Affairs of the Senate and House of Representatives a report regarding such audit. (3)Such employees or contractors shall have expertise regarding matters described in subsection (b).. (g)CurriculaNot less than once each year, the Secretaries of Defense, Veterans Affairs, and Labor shall review and update curricula for counseling and services under this section and section 1144 of this title.. (c)The Secretary shall maintain a publicly available website of the Department through which a veteran or dependent of a veteran may search by ZIP code for programs for—
(1)veterans who recently separated from active military, naval, air, or space service; or (2)dependents of veterans described in paragraph (1).. (D)a member of the Armed Forces eligible for the Transition Assistance Program under sections 1142 and 1144 of title 10.. (C)Eligible persons described in paragraph (5)(D) of section 4101 of this title.. (c)DefinitionsIn this section: (1)The term TAP means the Transition Assistance Program under sections 1142 and 1144 of title 10.
(2)The term Vet Center has the meaning given such term in section 1712A(h) of this title. (3)The term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of this title.. (8)Benefits for low-income households, including the supplemental nutrition assistance program (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (Public Law 88–525; 7 U.S.C. 2012)). .
Section 247
568. Assistance to members with special operations medical training in obtaining credit towards a degree in a medical field Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall seek to enter into agreements with institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) to provide credit towards a degree in a medical field at such institutions for members of the armed forces who have received special operations medical training. 1156.Assistance to members with special operations medical training in obtaining credit towards a degree in a medical fieldThe Secretary of Defense shall seek to enter into agreements with institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) to provide credit towards a degree in a medical field at such institutions for members of the armed forces who have received special operations medical training..
Section 248
1156. Assistance to members with special operations medical training in obtaining credit towards a degree in a medical field The Secretary of Defense shall seek to enter into agreements with institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) to provide credit towards a degree in a medical field at such institutions for members of the armed forces who have received special operations medical training.
Section 249
569. Improvement of transition of air traffic controllers in the Armed Forces to the civilian workforce in air traffic control occupations Within 180 days of passage, the Secretary of Defense, in consultation with each of the States (through the Defense-State Liaison Office of the Department of Defense), the Secretary of Veterans Affairs, the Secretary of Transportation, and the Secretary of Labor, shall develop recommendations to improve the transition of military air traffic controllers under the jurisdiction of the Secretary into the civilian workforce in air traffic control occupations. In carrying out subsection (a), the Secretary shall identify any barriers— to improving the ability of the Secretary to determine and communicate how the military credentials and experience of a controller separating from the Armed Forces translate to credentialed civilian employment in air traffic control occupations; that exist to the standardization among the Armed Forces of military controller credentials and experience and the alignment of such credentials and experience to credentialed civilian employment in air traffic control occupations; and that exist to ensuring members of the Armed Forces with military controller credentials and experience have earned the equivalent civilian credential prior to separation from the Armed Forces in addition to receiving their military credentials. Not later than 180 days after the date of the enactment of this Act, the Secretary concerned shall submit to the relevant committees of Congress a report containing— the recommendations developed under subsection (a); and a plan to implement those recommendations.
Section 250
570. Extension of period of availability of Military OneSource program for retired and discharged members of the Armed Forces and their immediate families Section 558(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 1781 note) is amended by striking one-year period and inserting 18-month period.
Section 251
570A. Amendments to pathways for counseling in Transition Assistance Program Section 1142(c)(1) of title 10, United States Code, is amended— by redesignating subparagraph (M) as subparagraph (R); and by inserting after subparagraph (L) the following: Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program). The employment status of other adults in the household of the member. The location of the duty station of the member (including whether the member was separated from family while on duty). The effects of operating tempo and personnel tempo on the member and the household of the member. (M)Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program). (N)The employment status of other adults in the household of the member.
(O)The location of the duty station of the member (including whether the member was separated from family while on duty). (P)The effects of operating tempo and personnel tempo on the member and the household of the member..
Section 252
571. Notification of suspected child abuse at providers of child care services or youth programs Section 1794 of title 10, United States Code, is amended by adding at the end the following new subsection: The Secretary of Defense shall prescribe a policy that requires covered child and youth programs to— not later than 24 hours after a program becomes aware of alleged or suspected abuse or neglect of a child occurring in such program, notify the parents and guardians of such child of such alleged or suspected abuse or neglect; and not later than 72 hours after a program becomes aware of alleged abuse or neglect of a child occurring in such program, provide notice of such alleged abuse or neglect to— the Committees on Armed Services of the Senate and the House of Representatives; if the alleged abuse or neglect occurs in one of the several States, the Senators that represent the State in which the alleged abuse or neglect occurred; and if the alleged abuse or neglect occurs in a location represented by a Member of, or Delegate or Resident Commissioner to, the House of Representatives, the Member of, or Delegate or Resident Commissioner to, the House of Representatives that represents such location. In this subsection, the term covered child and youth program means a military child development center, a Department of Defense youth program, a family home day care, or a provider of child care services or youth program services that receives financial assistance under section 1798. (g)Notification of suspected child abuse (1)The Secretary of Defense shall prescribe a policy that requires covered child and youth programs to—
(A)not later than 24 hours after a program becomes aware of alleged or suspected abuse or neglect of a child occurring in such program, notify the parents and guardians of such child of such alleged or suspected abuse or neglect; and (B)not later than 72 hours after a program becomes aware of alleged abuse or neglect of a child occurring in such program, provide notice of such alleged abuse or neglect to—
(i)the Committees on Armed Services of the Senate and the House of Representatives; (ii)if the alleged abuse or neglect occurs in one of the several States, the Senators that represent the State in which the alleged abuse or neglect occurred; and
(iii)if the alleged abuse or neglect occurs in a location represented by a Member of, or Delegate or Resident Commissioner to, the House of Representatives, the Member of, or Delegate or Resident Commissioner to, the House of Representatives that represents such location. (2)In this subsection, the term covered child and youth program means a military child development center, a Department of Defense youth program, a family home day care, or a provider of child care services or youth program services that receives financial assistance under section 1798..
Section 253
572. Pilot program to increase payments for child care services in high-cost areas Section 1798 of title 10, United States Code, is amended by adding at the end the following new subsection: Beginning on January 1, 2027, the Secretary shall establish a pilot program to increase the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section as of December 31, 2026, by 30 percent for services provided to children who are two years old or younger in accordance with this subsection. The Secretary— shall provide for an increased maximum amount of financial assistance under the pilot program established under this subsection in each area with high child care services costs, as determined by the Secretary; and may provide for such increased maximum amount of financial assistance in other areas as the Secretary considers appropriate. Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program that includes— the number of families with respect to whom the Secretary has increased the maximum amount of financial assistance per month per child being provided under the pilot program, disaggregated by location; the total amount of financial assistance provided under the pilot program with respect to such families, disaggregated by location; the total amount of financial assistance that would have been provided with respect to such families without the increase under the pilot program, disaggregated by location; the determination of the Secretary as to whether additional funding under the pilot program— helped reduce child care costs for applicable military families; increased child care provider participation in the financial assistance available under this section; and increased access to infant and toddler care for military families; the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities; any challenges identified by the Secretary in carrying out the pilot program; legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and any other information the Secretary determines appropriate. Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report that includes— the elements specified in subparagraphs (A) through (H) of paragraph (3); and the recommendation of the Secretary as to whether to make the pilot program permanent. The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established. (d)Pilot program for increased payments in high-cost areas (1)Beginning on January 1, 2027, the Secretary shall establish a pilot program to increase the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section as of December 31, 2026, by 30 percent for services provided to children who are two years old or younger in accordance with this subsection.
(2)The Secretary— (A)shall provide for an increased maximum amount of financial assistance under the pilot program established under this subsection in each area with high child care services costs, as determined by the Secretary; and
(B)may provide for such increased maximum amount of financial assistance in other areas as the Secretary considers appropriate. (3)Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program that includes—
(A)the number of families with respect to whom the Secretary has increased the maximum amount of financial assistance per month per child being provided under the pilot program, disaggregated by location; (B)the total amount of financial assistance provided under the pilot program with respect to such families, disaggregated by location;
(C)the total amount of financial assistance that would have been provided with respect to such families without the increase under the pilot program, disaggregated by location; (D)the determination of the Secretary as to whether additional funding under the pilot program—
(i)helped reduce child care costs for applicable military families; (ii)increased child care provider participation in the financial assistance available under this section; and
(iii)increased access to infant and toddler care for military families; (E)the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities;
(F)any challenges identified by the Secretary in carrying out the pilot program; (G)legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and
(H)any other information the Secretary determines appropriate. (4)Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report that includes—
(A)the elements specified in subparagraphs (A) through (H) of paragraph (3); and (B)the recommendation of the Secretary as to whether to make the pilot program permanent.
(5)The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established..
Section 254
573. Pilot program to increase payments for child care services in high-cost areas Section 1798 of title 10, United States Code, is amended— by redesignating subsection (c) as subsection (d); and by inserting after subsection (b) the following new subsection: The Secretary of Defense may establish a pilot program to provide grants to eligible providers seeking to expand the capacity of such providers to provide care for infants and toddlers. A grant awarded under the pilot program established under paragraph (1) shall— be in an amount determined by the Secretary, but in no case more than 75 percent of the estimated cost of the expansion for which the grant is provided; and require the recipient of a grant to— make available not less than half of any additional capacity for infants and toddlers to children of members of the armed forces that results from the expansion for which a grant is awarded for the 10-year period that begins on the date on which such expansion is completed; and certify that the recipient will not displace children enrolled on the date described in clause (i) who are not children of members of the armed forces to meet the requirement of clause (i). The Secretary— shall award grants under the pilot program established under paragraph (1) to not less than 10 eligible providers located in areas with high child care services costs, as determined by the Secretary; and may award grants under the pilot program established under paragraph (1) to eligible providers located in other areas as the Secretary considers appropriate. Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes— the number of eligible providers participating in the pilot program, disaggregated by location; the number of additional infant and toddler enrollments at eligible providers made available under the pilot program, disaggregated by loacation; the determination of the Secretary as to whether grants provided under the pilot program— helped reduce child care costs for applicable military families; increased child care provider participation in the financial assistance available under this section; and increased access to infant and toddler care for military families; the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities; any challenges identified by the Secretary in carrying out the pilot program; legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and any other information the Secretary determines appropriate. Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report that includes— the elements specified in subparagraphs (A) through (G) of paragraph (4); and the recommendation of the Secretary as to whether to make the pilot program permanent. The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established. In this subsection, the term appropriate congressional committees means— the congressional defense committees; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives. (c)Pilot program for grants to increase infant and toddler capacity in high-cost areas
(1)The Secretary of Defense may establish a pilot program to provide grants to eligible providers seeking to expand the capacity of such providers to provide care for infants and toddlers. (2)A grant awarded under the pilot program established under paragraph (1) shall—
(A)be in an amount determined by the Secretary, but in no case more than 75 percent of the estimated cost of the expansion for which the grant is provided; and (B)require the recipient of a grant to—
(i)make available not less than half of any additional capacity for infants and toddlers to children of members of the armed forces that results from the expansion for which a grant is awarded for the 10-year period that begins on the date on which such expansion is completed; and (ii)certify that the recipient will not displace children enrolled on the date described in clause (i) who are not children of members of the armed forces to meet the requirement of clause (i).
(3)The Secretary— (A)shall award grants under the pilot program established under paragraph (1) to not less than 10 eligible providers located in areas with high child care services costs, as determined by the Secretary; and
(B)may award grants under the pilot program established under paragraph (1) to eligible providers located in other areas as the Secretary considers appropriate. (4)Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes—
(A)the number of eligible providers participating in the pilot program, disaggregated by location; (B)the number of additional infant and toddler enrollments at eligible providers made available under the pilot program, disaggregated by loacation;
(C)the determination of the Secretary as to whether grants provided under the pilot program— (i)helped reduce child care costs for applicable military families;
(ii)increased child care provider participation in the financial assistance available under this section; and (iii)increased access to infant and toddler care for military families;
(D)the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities; (E)any challenges identified by the Secretary in carrying out the pilot program;
(F)legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and (G)any other information the Secretary determines appropriate.
(5)Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report that includes— (A)the elements specified in subparagraphs (A) through (G) of paragraph (4); and
(B)the recommendation of the Secretary as to whether to make the pilot program permanent. (6)The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established.
(7)In this subsection, the term appropriate congressional committees means— (A)the congressional defense committees;
(B)the Committee on Commerce, Science, and Transportation of the Senate; and (C)the Committee on Transportation and Infrastructure of the House of Representatives..
Section 255
574. Extension of pilot program to provide financial assistance to members of the Armed Forces for in-home child care Subsection (d) of section 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 1791 note) is amended by striking five years after and all that follows and inserting on December 31, 2029.. Subsection (c)(2) of such section is amended by striking 90 days after and inserting one year before.
Section 256
575. Military OneSource: information regarding maternal health care Section 561 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1781 note) is amended, in subsection (b)— by redesignating paragraphs (4) through (17) as paragraphs (5) through (18), respectively; and by striking paragraphs (2) and (3) and inserting after paragraph (1) the following new paragraphs: Health care. Maternal health care, including the following: A list of maternal health services, including pre- and post-natal care. A guide to continuity of such care through a permanent change of station. With regards to a pregnant member, relevant regulations, options for leave, and uniform resources and requirements. Death benefits and life insurance programs. (2)Health care.
(3)Maternal health care, including the following: (A)A list of maternal health services, including pre- and post-natal care.
(B)A guide to continuity of such care through a permanent change of station. (C)With regards to a pregnant member, relevant regulations, options for leave, and uniform resources and requirements.
(4)Death benefits and life insurance programs..
Section 257
576. Prohibition on availability of funds for termination of DODEA and child care workers None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to terminate employees of Military Child Development Programs or employees of the Department of Defense Education Activity, regardless of whether such positions are funded by appropriated or nonappropriated funds, unless the employee was documented as not performing or engaging in misconduct.
Section 258
577. Report on military child development center staffing and access across the Armed Forces Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the congressional defense committees a report on the staffing of, and access to, military child development centers (as such term is defined in section 1800 of title 10, United States Code) for members of the Armed Forces and their families. The report required under subsection (a) shall include the following elements: An assessment of staffing levels at child development centers across the Armed Forces, including factors contributing to any staffing shortages. An evaluation of how staffing shortages affect the availability of child care for members and their families. An analysis of how limited access to child care impacts unit readiness and morale. A description of actions the Secretary of Defense is taking, or plans to take, to address such staffing shortages.
Section 259
578. Prohibitions on provision of gender transition services through an Exceptional Family Member Program of the Armed Forces No gender transition procedures, including surgery or medication, may be provided to a minor dependent child through an EFMP. No referral for procedures described in subsection (a) may be provided to a minor dependent child through an EFMP. No change of duty station may be approved through an EFMP for the purpose of providing a minor dependent child with access to procedures described in subsection (a). In this section, the term EFMP means the program referred to as the Exceptional Family Member Program under section 1781c(d)(4)(I) of title 10, United States Code.
Section 260
581. Ensuring access to DODEA schools for certain members of the reserve components Section 2164 of title 10, United States Code, is amended by adding at the end the following new subsection: A dependent of a member described in paragraph (2) shall be eligible to attend a school established under this section at the military installation that is the permanent station of such member and such dependent shall automatically be granted enrollment at such school at the request of such member if there is sufficient space in the school to accommodate the dependent. In the event there is not sufficient space available at such school at the time the dependent seeks to enroll, the dependent shall be place on a wait-list for enrollment in the school. A member described in this paragraph is a member— of a reserve component; performing active service; and pursuant to an order for accompanied permanent change of station. (n)Eligibility of dependents of certain members of the reserve components (1)A dependent of a member described in paragraph (2) shall be eligible to attend a school established under this section at the military installation that is the permanent station of such member and such dependent shall automatically be granted enrollment at such school at the request of such member if there is sufficient space in the school to accommodate the dependent. In the event there is not sufficient space available at such school at the time the dependent seeks to enroll, the dependent shall be place on a wait-list for enrollment in the school.
(2)A member described in this paragraph is a member— (A)of a reserve component;
(B)performing active service; and (C)pursuant to an order for accompanied permanent change of station..
Section 261
582. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel Of the amount authorized to be appropriated for fiscal year 2026 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $35,000,000 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). 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 (20 U.S.C. 7713(9)). Of the amount authorized to be appropriated for fiscal year 2026 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 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). Of the amount authorized to be appropriated for fiscal year 2026 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 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. Not later than March 31, 2026, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the Department of Defense’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive.
Section 262
583. Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs On an annual basis, each commander of a military installation under the jurisdiction of the Secretary of a military department shall submit to such Secretary a written certification verifying whether the commander has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of such certification. Not later than June 30 of each year, each Secretary of a military department shall submit to the congressional defense committees a report, based on the information received under subsection (a), that identifies— each military installation under the jurisdiction of such Secretary that has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of the report; and each military installation that has not confirmed the information contained in such forms as of such date. In this section: The term impact aid source check form means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)). The term local educational agency has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Section 263
584. Authorization of dual or concurrent enrollment programs for students of Defense Dependent Schools The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, may— enter into arrangements with institutions of higher education to provide students of Defense Dependent Schools with access to postsecondary course credit through dual or concurrent enrollment programs; and provide financial assistance to cover the costs associated with such programs. The Secretary of Defense shall, to the greatest extent practicable, ensure that the Department of Defense Education Activity, in facilitating dual or concurrent enrollment programs with institutions of higher education under this section— establishes articulation or credit transfer agreements that promote the transferability of academic credits earned by participating students; and prioritizes agreements with institutions that offer broad acceptance of such credits across degree programs. In entering into contracts or other agreements with institutions of higher education for purposes of dual or concurrent enrollment programs under this section, the Secretary of Defense shall ensure that such institutions— are accredited and in good standing with recognized institutional accrediting agencies; maintain a record of compliance with applicable Federal and State education laws and regulations; and to the greatest extent practicable, have a demonstrable record of reliability and excellence in matters of financial integrity, academic standards, and student protections. The Secretary of Defense shall ensure that funds made available to the Department of Defense Education Activity for the purposes of supporting dual or concurrent enrollment programs are used, to the extent practicable, for the following: Designing a sequence of courses for such programs to match the academic content standards and level of rigor of the corresponding postsecondary courses, in consultation and collaboration with— educators from Defense Dependent Schools serving the military-connected community; faculty members from institutions of higher education offering dual or concurrent enrollment programs; and the school advisory committee (or the equivalent advisory body) of each Defense Dependent School. Establishing outreach and awareness efforts targeted toward elementary and secondary school students, particularly those in the middle grades and their families, educators, school counselors, and principals, to provide— general information regarding the availability and benefits of dual or concurrent enrollment programs; guidance on eligibility requirements, academic expectations, and necessary preparatory coursework for such programs; and resources to support informed decision-making and successful student participation in such programs. The Secretary of Defense shall ensure that all dual or concurrent enrollment courses facilitated by the Department of Defense Education Activity are taught by— a postsecondary faculty member who— is employed by two-year or four-year institution of higher education (which may include a community college); and meets the applicable postsecondary accreditation standards for instructional staff; or a classroom teacher employed by a local educational agency or by the Department of Defense Education Activity, who— has met the certification and content-area qualifications necessary to teach at the secondary level; and has received training or certification to deliver the dual or concurrent enrollment course curriculum in alignment with the standards of the partnering institution of higher education. The Secretary of Defense shall ensure that the Department of Defense Education Activity, in administering or facilitating access to dual or concurrent enrollment programs under this section, makes every reasonable effort to ensure that participating students retain their State of legal residence as established prior to enrollment in such programs, for purposes of— eligibility for in-State tuition rates at public institutions of higher education; qualification for State-based financial aid, scholarships, or academic recognition; uninterrupted access to dual or concurrent enrollment opportunities made available through State or institutional partnerships; and other educational benefits connected to State residency. In carrying out this section, the Secretary of Defense shall— consult with the School Advisory Committees (or the equivalent advisory bodies) and Parent Teacher Associations of participating Defense Dependent Schools; and to the maximum extent practicable, use and certify licensed teachers already employed at Defense Dependent Schools to teach courses offering postsecondary credit unless doing so would negatively affect the transferability of such credits. In this section: The term Defense Dependent School means— a school operated under the Defense Dependents’ Education System, as authorized under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.); or a Department of Defense domestic dependent elementary and secondary school, as authorized under section 2164 of title 10, United States Code. The term dual or concurrent enrollment program means a program offered by an arrangement between the Department of Defense Education Activity and an institution of higher education and through which a student enrolled in a Defense Dependent School who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn credit that applies— toward completion of a postsecondary degree or recognized educational credential as described in the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and toward completion of high school. The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). The term recognized institutional accrediting agency means an agency or association recognized by the Secretary of Education under section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b).
Section 264
591. Authorization for award of Medal of Honor to James Capers, Jr., for acts of valor as a member of the Marine Corps during the Vietnam War Notwithstanding the time limitations specified in section 8298 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor, under section 8291 of such title, to James Capers, Jr., for the acts of valor described in subsection (b). The acts of valor described in this subsection are the actions of James Capers, Jr., as a member of the Marine Corps, during the period of March 31 through April 3, 1967, during the Vietnam War, for which he was previously awarded the Silver Star.
Section 265
592. Authorization to award the Medal of Honor to retired Colonel Philip J. Conran for acts of valor in Laos during the Vietnam war Notwithstanding the time limitations specified in section 9274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor, under section 9271 of such title, to retired Colonel Philip J. Conran for the acts of valor in Laos during the Vietnam war, for which he was previously awarded the Air Force Cross.
Section 266
593. Authorization of award of medal of honor to Gregory McManus for acts of valor Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor, under section 7271 of such title, to Gregory McManus for the acts of valor described in subsection (b). The acts of valor described in this subsection are the following: Chief Warrant Officer Gregory McManus distinguished himself for his brave acts of valor while serving in the United States Army by risking his life to save the lives of his fellow servicemembers. Chief Warrant Officer McManus deserves recognition for his acts of valor while serving as the commander of a single helicopter gunship on an important mission north of Chai Duc. Discovering an envoy of hundreds of enemy troops along the Cambodian border, Chief Warrant Officer McManus attacked the enemy without hesitation. Chief Warrant Officer McManus disregarded the tracers that rose to meet him, firing rockets the entire length of the convoy, confusing the enemy, and scattering the troop column. Chief Warrant Officer McManus then attacked an armored vehicle with a mounted machine gun, destroying it and a large artillery piece which it was towing. Over and over, Chief Warrant Officer McManus flew through heavy automatic weapons and machine gun fire to attack the enemy, only deciding to return when his ordinance was expended, and his ship had taken so much damage that further flight was inadvisable. With this noble deed, Chief Warrant Officer McManus was able to destroy the enemy unit and scattered the rest in disorder with a single ship. Disregarding the size and scope of the enemy troop’s convoy, Chief Warrant Officer McManus put his own life in danger, all in the service of his country and members of the Armed Forces. Because of the heroic actions of Chief Warrant Officer McManus, countless American soldier’s lives were saved. These actions of heroism by Chief Warrant Officer McManus deserves recognition and demonstrates this hero of the United States more than deserve the medal of honor.
Section 267
594. Briefing on support needed for Joint Task Force-Southern Border Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on housing and other quality-of-life needs of members of the Armed Forces deployed in support of Joint Task Force-Southern Border.
Section 268
595. Report on adequacy of commissaries and dining facilities on military installations that support certain missions 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 adequacy of commissaries, dining facilities, and alternatives to dining facilities on military installations that support— missions along the southern border of the United States; or arctic missions. The report required under subsection (a) shall include the following elements: An assessment of the adequacy of existing commissary and dining facility infrastructure at such military installations, including capacity, hours of operation, and quality of food service. An evaluation of whether current commissary and dining facilities meet the needs of members and their families on such military installations. An analysis of how any inadequacies in such facilities impact readiness, morale, and retention.
Section 269
596. Operation Midnight Hammer Medal The Secretary concerned shall authorize the award of an Armed Forces Expeditionary Medal, to be known as the Operation Midnight Hammer Medal, to any person eligible under subsection (c). The medal shall be of an appropriate design approved by the Secretary of Defense and shall include ribbons, lapel pins, and other appurtenances. Subject to subsection (e), a person shall be eligible for the medal if the person— served on active duty, including as a member of a reserve component under orders to active duty, in the Armed Forces in support of a designated operation during the armed conflict between Iran and Israel in 2025 (including Operation Midnight Hammer, conducted on June 22, 2025); was deployed in an area of operations designated by the Secretary concerned as eligible for award of the medal; or performed such other service as the Secretary concerned may prescribe for purposes of this section. Not more than one medal may be awarded to any person. If a person described in subsection (c) is deceased, the Secretary may provide for the issuance of the medal to the next-of-kin of that person. The issuance of a medal under this section shall be subject to such regulations as the Secretaries concerned shall prescribe for purposes of this section. The Secretary of Defense shall ensure that any regulations prescribed under this subsection are uniform to the extent practicable. In this section, the term Secretary concerned has the meaning given the term in section 101(a) of title 10, United States Code.
Section 270
597. Authorization for award of Medal of Honor to E. Royce Williams for acts of valor during the Korean War Notwithstanding the time limitations specified in section 8298 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 8291 of such title to E. Royce Williams for the acts of valor described in subsection (b). The acts of valor described in this subsection are the actions of E. Royce Williams, as a lieutenant in the Navy, on November 18, 1952.
Section 271
598. Extension and modification of program to commemorate 50th anniversary of Vietnam War Section 598 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 113 note) is amended— in subsection (a), by striking may conduct and inserting shall conduct; in subsection (c), by striking may and inserting shall; in subsection (e)(1), by striking If the Secretary establishes and inserting For purposes of carrying out; and in subsection (g)(1)— by striking if established by the Secretary of Defense under subsection (a),; and by inserting of Defense after Secretary. The amendments made by subsection (a) shall take effect on November 11, 2025.
Section 272
599. Authorization of award of medal of honor to Thomas Helmut Griffin for acts of valor as a member of the Army during the Vietnam War Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor, under section 7271 of such title, to Thomas Helmut Griffin for the acts of valor described in subsection (b). The acts of valor described in this subsection are the actions of Thomas H. Griffin during the period of March 1 through March 3, 1969, while serving as a captain in the Army during the Vietnam War, for which he was previously awarded the Silver Star.
Section 273
599A. Prohibitions relating to questions and answers about sex, gender, and gender identity in forms and surveys of the Department of Defense With respect to the collection of information conducted by or for the Secretary of Defense through a form or survey, the Secretary— may not— solicit or obtain any information regarding the gender identity of an individual; or provide an option to indicate that the sex or gender of an individual is something other than male or female; and shall reject a response other than male or female to a required question regarding sex or gender. In this section: The term female means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that, at some point, produces, transports, and utilizes eggs for fertilization. The term gender— means male or female; and does not mean gender identity, experienced gender, gender expression, or gender roles. The term gender identity does not mean sex or gender. The term male means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that, at some point, produces, transports, and utilizes sperm for fertilization. The term sex means the biological determination as to whether an individual is male or female.
Section 274
601. Codification of applicability to Space Force of certain pay and allowance authorities Section 101 of title 37, United States Code, is amended— in paragraph (22), by inserting , or for members of the Space Force in space force active status not on sustained duty, after reserve component in subparagraphs (A) and (B); and by adding at the end the following new paragraphs: The term space force active status has the meaning given that term in section 101 of title 10. The term sustained duty has the meaning given that term in section 101 of title 10. Chapter 3 of such title is amended as follows: Section 201(a) of such title is amended— by striking (1) Subject to paragraph (2), for the and inserting For the; by striking and Marine Corps in the heading of the second column of the table and inserting Marine Corps, and Space Force; and by striking paragraph (2). Subsections (g)(1) and (h)(1) of section 204 of such title are amended by inserting , or a member of the Space Force in space force active status not on sustained duty, after of a reserve component of a uniformed service. Section 205(a)(2) of such title is amended— by transferring subparagraph (F) to appear after subparagraph (A) and redesignating that subparagraph as subparagraph (B); by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; by striking subparagraph (C) and redesignating the original subparagraph (B) as subparagraph (D); and by inserting after subparagraph (B), as transferred and redesignated by subparagraph (A) of this paragraph, the following new subparagraph (C): the Space Force; Section 206 of such title is amended— in subsection (a), in the matter preceding paragraph (1)— by striking Guard or a and inserting Guard, a; and by inserting , or a member of the Space Force after uniformed service the first place it appears; in subsection (d)— in paragraph (1), by inserting , by a member of the Space Force, after reserve component; and in paragraph (2), by inserting or the Space Force, after Ready Reserve; in subsection (e)— by striking Guard or of a and inserting Guard, a; and by inserting , or the Space Force after uniformed services; and in the section heading, by inserting ; members of the Space Force before the colon. Section 211(a)(2) of such title is amended by inserting or the Space Force after member of the Ready Reserve. Subchapter II of chapter 5 of such title is amended as follows: Section 331 of such title is amended— in subsection (a)— by striking or at the end of paragraph (4); by striking the period at the end of paragraph (5) and inserting ; or; and by adding at the end the following new paragraph: transfers from a regular component or reserve component of an armed force to the Space Force or from the Space Force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring. in subsection (c)(1)— in subparagraph (B), by inserting , or in the Space Force on sustained duty under section 20105 of title 10, after in a regular component; in subparagraph (C), by inserting , or in the Space Force in space force active status not on sustained duty under section 20105 of title 10, after in a reserve component; and in subparagraph (D), by striking paragraph (4) or (5) and inserting paragraph (4), (5), or (6). Section 332 of such title is amended— in subsection (a)— by striking or at the end of paragraph (4); by striking the period at the end of paragraph (5) and inserting ; or; and by adding at the end the following new paragraph: transfers from a regular component or reserve component of a uniformed service to the Space Force or from the Space Force to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring. in subsection (c)(1)— in subparagraph (C), by inserting , or in the Space Force on sustained duty under section 20105 of title 10, after in a regular component; in subparagraph (D), by inserting , or in the Space Force in space force active status not on sustained duty under section 20105 of title 10, after in a reserve component and in subparagraph (E), by striking paragraph (4) or (5) and inserting paragraph (4), (5), or (6). Section 334 of such title is amended— by striking in a regular or reserve component in subsections (a)(1), (b), (h)(1), (h)(2), and (h)(3); in subsection (b)(3), by inserting , or, in the case of an officer of the Space Force, to remain in space force active status, after in a reserve component; and in subsection (e)— in the subsection heading, by striking reserve component; and by striking A reserve component officer and inserting An officer.. Sections 351(a), 352(a), 353(a), and 353(b) of such title are amended by striking of a regular or reserve component. Section 355 of such title is amended— in subsection (a)— in the matter preceding paragraph (1)— by striking An officer or enlisted member and inserting A member; and by inserting , or a member the Space Force who is serving in space force active status, after in a reserve component; and in paragraph (1), by inserting or to remain in space force active status for at least one year before the semicolon at the end; in subsection (d)(1), by inserting or a member of the Space Force not on sustained duty in the second sentence after reserve component member; and in subsection (e)— in paragraph (1), by striking active duty or service in an active status in a reserve component in subparagraph (A) and the first place it appears in subparagraph (B) and inserting a specified form of service (or combination thereof); in paragraphs (1)(B), (2), (3), and (4), by striking active duty or service in an active status in a reserve component for which and inserting service for which; and by adding at the end the following new paragraph: In this subsection, the term specified form of service means— service on active duty; service in an active status in a reserve component; or service in the Space Force in space force active status. Section 356(b) of such title is amended— in the matter preceding paragraph (1)— in the second sentence, by striking or a reserve component and inserting , a member of the Space Force on sustained duty, or a member of a reserve component; and in the third sentence, by inserting or a member of the Space Force in space force active status not on sustained duty after (as so defined); in paragraph (1), by inserting or a member of the Space Force on sustained duty in the matter preceding subparagraph (A) after of a regular component; and in paragraph (2)— by inserting or a member of the Space Force in space force active status and not on sustained duty in the matter preceding subparagraph (A) after of a reserve component; and by inserting or a member of the Space Force on sustained duty, respectively, in subparagraph (A) after of a regular component. Subchapter III of chapter 5 of such title is amended as follows: Section 372(a) of such title is amended by striking of a regular or reserve component. Section 373(d)(2)(A) of such title is amended by striking in a regular or reserve component who remains on active duty or in an active status and inserting who remains on active duty, in an active status in a reserve component, or in space force active status. Section 416 of such title is amended by inserting an officer of the Space Force not on sustained duty, after of component,. Section 501 of such title is amended— in subsection (a)— by inserting , or of the Space Force, in paragraphs (4) and (5) after of a reserve component; and by inserting , or from the Space Force, in paragraph (4) after from the reserve component; and in subsection (b)(5)— in subparagraphs (A) and (D), by inserting , or a member of the Space Force in space force active status not on sustained duty, after of a reserve component; and in subparagraph (C), by striking Regular before Space Force. Chapter 17 of such title is amended as follows: Section 908(a)(2) of such title is amended by inserting and members of the Space Force in space force active status not on sustained duty after of the armed forces. Section 910 of such title is amended— by inserting or of the Space Force after of the armed forces in subsection (a); by inserting or the Space Force after a reserve component in subsections (b)(1), (b)(2), (b)(3), and (e)(1); and in the heading of such section by inserting and members of the Space Force after reserve component members. Section 1002 of such title is amended— in subsection (a)— by striking of the National Guard, or of a reserve component of a uniformed service, and inserting of a reserve component of a uniformed service, or of the Space Force; by striking his consent and inserting the member’s consent; and in subsection (c), by inserting or the Space Force after of a reserve component; and in the heading, by striking and members of National Guard and inserting ; members of the National Guard; members of the Space Force. Section 2273a(a) of title 10, United States Code, is amended by striking Air Force Space and Missile Systems Center and inserting Space Force Space Systems Command. (27)The term space force active status has the meaning given that term in section 101 of title 10. (28)The term sustained duty has the meaning given that term in section 101 of title 10.. (C)the Space Force;. (6)transfers from a regular component or reserve component of an armed force to the Space Force or from the Space Force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring.; and (6)transfers from a regular component or reserve component of a uniformed service to the Space Force or from the Space Force to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring.; and (5)In this subsection, the term specified form of service means—
(A)service on active duty; (B)service in an active status in a reserve component; or
(C)service in the Space Force in space force active status..
Section 275
611. One-year extension of certain expiring bonus and special pay authorities 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, 2025 and inserting December 31, 2026. The following sections of title 10, United States Code, are amended by striking December 31, 2025 and inserting December 31, 2026: Section 2130a(a)(1), relating to nurse officer candidate accession program. Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. Section 333(i) of title 37, United States Code, is amended by striking December 31, 2025 and inserting December 31, 2026. The following sections of title 37, United States Code, are amended by striking December 31, 2025 and inserting December 31, 2026: Section 331(h), relating to general bonus authority for enlisted members. Section 332(g), relating to general bonus authority for officers. Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. Section 351(h), relating to hazardous duty pay. Section 352(g), relating to assignment pay or special duty pay. Section 353(i), relating to skill incentive pay or proficiency bonus. Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. Section 403(b) of title 37, United States Code, is amended— 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, 2025 and inserting December 31, 2026; and in paragraph (8)(C), relating to an area where actual housing costs differ from current rates by more than 20 percent, by striking December 31, 2025 and inserting December 31, 2026.
Section 276
612. Incentive pay: explosive ordnance disposal duty Subchapter I of chapter 5 of title 37, United States Code, is amended by inserting after section 301e the following new section: Subject to regulations prescribed by the Secretary of Defense, a regular member of a covered armed force is entitled to continuous monthly explosive ordnance disposal duty incentive pay in the amount specified in subsection (b)(1) if the member— is entitled to basic pay; holds (or is in training leading to) an explosive ordnance disposal duty designator; and is in and remains in explosive ordnance disposal duty on a career basis. Subject to regulations prescribed by the Secretary of Defense, a member of a covered armed force who is entitled to basic pay but is not entitled to continuous monthly explosive ordnance disposal duty incentive pay under paragraph (1) is entitled to explosive ordnance disposal duty incentive pay in the amount prescribed pursuant to subsection (b)(2) for any period during which such member performs explosive ordnance disposal duty under orders. Continuous monthly explosive ordnance disposal duty incentive pay under subsection (a)(1) shall be in the following amounts: Explosive ordnance disposal duty incentive pay under subsection (a)(2)— shall be in amounts prescribed by the Secretary of Defense; may not, for any month, exceed the maximum amount specified in paragraph (1); and may not be less per day than the amount under subsection (d). Years of explosive ordnance disposal duty by a member shall be computed beginning with the effective date of the initial order to such member to perform explosive ordnance disposal duty. Under regulations prescribed by the Secretary of Defense and to the extent provided for by appropriations, for each day that a member of the reserve component of a covered armed force who is entitled to compensation under section 206 of this title performs, under orders, explosive ordnance disposal duty, such member is eligible for an increase in compensation equal to one-thirtieth of the continuous monthly incentive pay under subsection (b)(1) for a member of corresponding years of service entitled to basic pay. In this section: The term covered armed force means the Army, Navy, Marine Corps, Air Force, or Space Force. The term explosive ordnance disposal has the meaning given such term in section 2284 of title 10. The term explosive ordnance disposal duty means duty performed by a member of a covered armed force, under regulations prescribed by the Secretary of Defense, in explosive ordnance disposal. Section 301f of title 37, United States Code, added by this section, shall take effect on the date that is 180 days after the date of the enactment of this Act and apply to explosive ordnance disposal duty performed on or after such date. 301f.Incentive pay: explosive ordnance disposal duty.
(a)Eligibility
(1)Subject to regulations prescribed by the Secretary of Defense, a regular member of a covered armed force is entitled to continuous monthly explosive ordnance disposal duty incentive pay in the amount specified in subsection (b)(1) if the member— (A)is entitled to basic pay;
(B)holds (or is in training leading to) an explosive ordnance disposal duty designator; and (C)is in and remains in explosive ordnance disposal duty on a career basis.
(2)Subject to regulations prescribed by the Secretary of Defense, a member of a covered armed force who is entitled to basic pay but is not entitled to continuous monthly explosive ordnance disposal duty incentive pay under paragraph (1) is entitled to explosive ordnance disposal duty incentive pay in the amount prescribed pursuant to subsection (b)(2) for any period during which such member performs explosive ordnance disposal duty under orders. (b)Rates (1)Continuous monthly explosive ordnance disposal duty incentive pay under subsection (a)(1) shall be in the following amounts:
Years of explosive ordnance disposal duty (including training):Monthly Rate
2 or fewer$125
Over 2 $156
Over 3 $188
Over 4 $206
Over 6 $650
Over 8 $800
Over 10 $1,000
Over 17 $840
Over 22 $585
Over 24 $385
Over 25$250
(2)Explosive ordnance disposal duty incentive pay under subsection (a)(2)— (A)shall be in amounts prescribed by the Secretary of Defense;
(B)may not, for any month, exceed the maximum amount specified in paragraph (1); and (C)may not be less per day than the amount under subsection (d).
(c)Computation of yearsYears of explosive ordnance disposal duty by a member shall be computed beginning with the effective date of the initial order to such member to perform explosive ordnance disposal duty. (d)Applicability to certain duty in the reserve componentsUnder regulations prescribed by the Secretary of Defense and to the extent provided for by appropriations, for each day that a member of the reserve component of a covered armed force who is entitled to compensation under section 206 of this title performs, under orders, explosive ordnance disposal duty, such member is eligible for an increase in compensation equal to one-thirtieth of the continuous monthly incentive pay under subsection (b)(1) for a member of corresponding years of service entitled to basic pay.
(e)DefinitionsIn this section: (1)The term covered armed force means the Army, Navy, Marine Corps, Air Force, or Space Force.
(2)The term explosive ordnance disposal has the meaning given such term in section 2284 of title 10. (3)The term explosive ordnance disposal duty means duty performed by a member of a covered armed force, under regulations prescribed by the Secretary of Defense, in explosive ordnance disposal..
Section 277
301f. Incentive pay: explosive ordnance disposal duty. Subject to regulations prescribed by the Secretary of Defense, a regular member of a covered armed force is entitled to continuous monthly explosive ordnance disposal duty incentive pay in the amount specified in subsection (b)(1) if the member— is entitled to basic pay; holds (or is in training leading to) an explosive ordnance disposal duty designator; and is in and remains in explosive ordnance disposal duty on a career basis. Subject to regulations prescribed by the Secretary of Defense, a member of a covered armed force who is entitled to basic pay but is not entitled to continuous monthly explosive ordnance disposal duty incentive pay under paragraph (1) is entitled to explosive ordnance disposal duty incentive pay in the amount prescribed pursuant to subsection (b)(2) for any period during which such member performs explosive ordnance disposal duty under orders. Continuous monthly explosive ordnance disposal duty incentive pay under subsection (a)(1) shall be in the following amounts: Explosive ordnance disposal duty incentive pay under subsection (a)(2)— shall be in amounts prescribed by the Secretary of Defense; may not, for any month, exceed the maximum amount specified in paragraph (1); and may not be less per day than the amount under subsection (d). Years of explosive ordnance disposal duty by a member shall be computed beginning with the effective date of the initial order to such member to perform explosive ordnance disposal duty. Under regulations prescribed by the Secretary of Defense and to the extent provided for by appropriations, for each day that a member of the reserve component of a covered armed force who is entitled to compensation under section 206 of this title performs, under orders, explosive ordnance disposal duty, such member is eligible for an increase in compensation equal to one-thirtieth of the continuous monthly incentive pay under subsection (b)(1) for a member of corresponding years of service entitled to basic pay. In this section: The term covered armed force means the Army, Navy, Marine Corps, Air Force, or Space Force. The term explosive ordnance disposal has the meaning given such term in section 2284 of title 10. The term explosive ordnance disposal duty means duty performed by a member of a covered armed force, under regulations prescribed by the Secretary of Defense, in explosive ordnance disposal.
Section 278
613. Standardization of cyber assignment incentive pay for members of the Armed Forces Subchapter III of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall establish and implement a standardized policy for cyber assignment incentive pay applicable to all members of the Army, Navy, Air Force, Marine Corps, and Space Force performing qualifying cyber operations roles. The policy under subsection (a) shall— define uniform eligibility criteria based on work-role certification, mission assignment, and readiness requirements; establish a tiered pay structure based on proficiency levels and operational demands; ensure parity in pay rates and qualification standards throughout the armed forces specified in subsection (a); provide guidance for continuation of cyber assignment incentive pay during moves relating to changes of permanent station, subject to continued eligibility; and include procedures for periodic review and adjustment of cyber assignment incentive pay rates to reflect evolving mission needs and market competitiveness. In this section, the term cyber assignment incentive pay means special pay authorized under this chapter for members of the armed forces assigned to designated cyber operations roles. Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the implementation of section 375 of title 37, United States Code, as added by subsection (a) of this section, including any anticipated impacts on recruitment, retention, and readiness of cyber personnel. 375.Standardization of cyber assignment incentive pay
(a)PolicyThe Secretary of Defense shall establish and implement a standardized policy for cyber assignment incentive pay applicable to all members of the Army, Navy, Air Force, Marine Corps, and Space Force performing qualifying cyber operations roles. (b)ElementsThe policy under subsection (a) shall—
(1)define uniform eligibility criteria based on work-role certification, mission assignment, and readiness requirements; (2)establish a tiered pay structure based on proficiency levels and operational demands;
(3)ensure parity in pay rates and qualification standards throughout the armed forces specified in subsection (a); (4)provide guidance for continuation of cyber assignment incentive pay during moves relating to changes of permanent station, subject to continued eligibility; and
(5)include procedures for periodic review and adjustment of cyber assignment incentive pay rates to reflect evolving mission needs and market competitiveness. (c)Cyber assignment incentive pay definedIn this section, the term cyber assignment incentive pay means special pay authorized under this chapter for members of the armed forces assigned to designated cyber operations roles..
Section 279
375. Standardization of cyber assignment incentive pay The Secretary of Defense shall establish and implement a standardized policy for cyber assignment incentive pay applicable to all members of the Army, Navy, Air Force, Marine Corps, and Space Force performing qualifying cyber operations roles. The policy under subsection (a) shall— define uniform eligibility criteria based on work-role certification, mission assignment, and readiness requirements; establish a tiered pay structure based on proficiency levels and operational demands; ensure parity in pay rates and qualification standards throughout the armed forces specified in subsection (a); provide guidance for continuation of cyber assignment incentive pay during moves relating to changes of permanent station, subject to continued eligibility; and include procedures for periodic review and adjustment of cyber assignment incentive pay rates to reflect evolving mission needs and market competitiveness. In this section, the term cyber assignment incentive pay means special pay authorized under this chapter for members of the armed forces assigned to designated cyber operations roles.
Section 280
614. Extending certain travel allowance for members of the Armed Forces assigned to Alaska Section 603(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public law 117–263) is amended— in paragraph (1), by inserting and the period specified in paragraph (6) after paragraph (5); and by adding at the end the following: The period specified in this paragraph is the period— beginning on the date of the enactment of this paragraph; and ending on December 31, 2026. (6)Period specifiedThe period specified in this paragraph is the period— (A)beginning on the date of the enactment of this paragraph; and
(B)ending on December 31, 2026..
Section 281
615. Pilot program on improving retention of members with degrees in their fields of specialty The Secretary of Defense shall establish a pilot program to assess the feasibility and advisability of paying incentive pay to certain enlisted members of the Armed Forces with degrees in their fields of specialty to improve the retention of such members. Under the pilot program required by subsection (a), the Secretary concerned may pay monthly incentive pay to a member of the Armed Forces who— is an enlisted member; has less than 4 years of service in the Armed Forces; has a degree in the member’s field of specialty, as determined by the Secretary concerned; and commits to reenlisting. The pilot program required by subsection (a) shall terminate on the date that is 5 years after the date of the enactment of this section. After the termination under subsection (c) of the pilot program required by subsection (a), the Secretary shall submit to the congressional defense committees a report on the effectiveness of the pilot program in retaining highly qualified members that includes an assessment of— the effect of the pilot program on retention rates; satisfaction of members with the pilot program; and the overall cost-effectiveness of the pilot program. In this section, the term “Secretary concerned” has the meaning given that term in section 101 of title 10, United States Code.
Section 282
621. Basic needs allowance: exclusion of basic allowance for housing from the calculation of gross household income of an eligible member of the Armed Forces Section 402b(k)(1)(B) of title 37, United States Code, is amended— by striking in and all that follows through portion of; and by striking that the Secretary concerned elects to exclude and inserting paid to such member.
Section 283
622. Family separation allowance: increase Section 427(a) of title 37, United States Code, is amended in paragraph (1), by striking not less than $250, and not more than $400 and inserting equal to $400.
Section 284
623. Report regarding the basic allowance for subsistence and military food programs Not later than September 30, 2026, and annually thereafter through 2030, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report described in subsection (b). A report described in this subsection shall explain how, during the fiscal year in which the Secretary submits such report— the Secretary of Defense allocated funds for the basic allowance for subsistence under section 402 of title 37, United States Code, to pay for food programs; subsistence in-kind is budgeted to pay for food programs on military installations; and the Secretaries of the military departments used budget authorities to fund the fully burdened cost of feeding members— of the Army, Navy, Marine Corps, Air Force, and Space Force; and who were assigned to essential station messing during such fiscal year.
Section 285
624. Basic allowance for housing: study to evaluate alternative rate calculation Not later than September 30, 2026, the Secretary of Defense shall seek to enter into an agreement with a covered entity to conduct a study in which the covered entity shall calculate, using industry-standard machine learning and an artificial intelligence algorithm, proposed monthly rates of BAH described in subsection (b) for MHAs selected under subsection (c). During such a study, the Secretary shall pay BAH in MHAs selected under subsection (c) at rates prescribed under section 403 of title 37, United States Code. A proposed monthly rate of BAH described in this subsection— accurately reflects housing prices in the MHA subject to such rate; and is sufficient for military families who reside in such MHA to procure adequate and affordable housing. The Secretary shall select not fewer than 15 MHAs to participate in such a study. To select an MHA, the Secretary shall consider factors including the following: Variety of geographic location. The ranks of members who reside in an MHA. Whether members who reside in an MHA have dependents. Economic factors including inflation, cost of living, and the cost of private mortgage insurance. A study under this section shall terminate on the day that is three years after the date on which the Secretary enters into an agreement with a covered entity. Not later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter through the termination date under subsection (d), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of a study under this section. Not later than 120 days after the date of the termination of such a study, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such study. Such report shall include the following elements: An evaluation by the Secretary of the proposed monthly rates of BAH calculated by a covered entity pursuant to an agreement under subsection (a). Any recommendation of the Secretary regarding legislation to improve the calculation of BAH process based on the study. In this section: The term BAH means the basic allowance for housing for members of the uniformed services under section 403 of title 37, United States Code. The term covered entity means a nationally recognized entity in the field of single-family housing that has data on local rental rates in real estate markets across the United States. The term MHA means military housing area.
Section 286
625. Study on adjustments to basic allowance for housing calculation The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall conduct a study to evaluate potential adjustments to the methods for determining the monthly rates for the basic allowance for housing under section 403 of title 37, United States Code. The study required by subsection (a) shall include— an estimate of the additional costs or savings to the Department of Defense of establishing monthly rates for basic allowance for housing based on a market analysis from within a commuting area that is defined as a 120-minute or less round-trip driving time from the residence of a member of the Armed Forces to the assigned duty station of such member; and an assessment of the impact on the quality of life, recruitment, and retention of members of the Armed Forces if monthly rates are established as described in paragraph (1), particularly with respect to members assigned to unique geographic areas in which local housing conditions create disproportionate challenges, including— Montauk, New York; Shinnecock, New York; and Nantucket, Massachusetts. Not later than 180 days 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 containing the results of the study required by subsection (a).
Section 287
626. Temporary adjustment to a rate of the basic allowance for housing for members of the uniformed services: lower threshold; permanent authority Section 403(b)(8) of title 37, United States Code, is amended— in subparagraph (A), by striking 20 percent and inserting 15 percent; and by striking subparagraph (C).
Section 288
631. Bereavement leave for a member of the Armed Forces in the case of a loss of pregnancy or stillbirth Subsection (l)(1)(A) of section 701 of title 10, United States Code, is amended— by striking the death of an immediate family member. and inserting an em dash; and by adding at the end the following new clauses: the death of an immediate family member; or the loss of a pregnancy or a stillbirth by such member or the spouse of such member. (i)the death of an immediate family member; or
(ii)the loss of a pregnancy or a stillbirth by such member or the spouse of such member..
Section 289
632. Convalescent leave for cadets and midshipmen Section 702 of title 10, United States Code, is amended— by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; by inserting after subsection (b) the following new subsection: An academy cadet or midshipman diagnosed with a medical condition is allowed convalescent leave under section 701(m) of this title. in subsection (d), as redesignated by paragraph (1) of this section, by striking “Sections 701” and inserting “Except as provided by subsection (c), sections 701”. (c)Convalescent LeaveAn academy cadet or midshipman diagnosed with a medical condition is allowed convalescent leave under section 701(m) of this title.; and
Section 290
633. Improved parental leave for members of the armed forces Congress finds the following: In December 2022, Congress expanded the paid parental leave for members of the Armed Forces to 12 weeks during the 12 months after the birth or adoption of a child of the member and in order to care for such child or the placement of a minor child with the member for adoption or long-term foster care (10 U.S.C. 701(h)(1)(A)). The expansion of parental leave raises concerns that members who take such leave may receive lower evaluations compared to those who do not. There is currently no provision to exempt members from evaluations due to parental leave, potentially deterring eligible members from taking this leave. Each Secretary of a military department has been given authority to implement the leave policies but have not provided explicit guidance on how to characterize such leave for the purposes of evaluations. All Armed Forces have non-rated codes or not observed evaluations to exempt members from evaluations during periods where their performance is not observed, but these do not align across the Armed Forces and do not specifically apply to parental leave. Members who are parents face unique hardships, and the 12 weeks of paid family leave for both mothers and fathers, for birth and adoption, is designed to balance the care needs of their children with the demands of their unit. Excessive paperwork required to extend the use of the 12 weeks of military family leave beyond one year additionally burdens members and decreases flexibility. Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall— prescribe regulations— that exempt a member of the Armed Forces who is taking parental leave, under subparagraph (A) of paragraph (1) of section 701(h) of title 10, United States Code, that exceeds 31 consecutive days, from a performance evaluation; and under subparagraph (B) of such paragraph, to authorize a member to take leave under such section during the two-year period beginning on the birth, adoption, or placement described in such paragraph without having to request a waiver from the Secretary concerned; and submit to the Committees on Armed Forces of the Senate and House of Representatives a report regarding the implementation of this section.
Section 291
641. Annual review of financial assistance limits for child care and youth program services providers Section 1798 of title 10, United States Code, is amended by adding at the end the following new subsection: The Secretary shall annually review the amount of financial assistance provided under this section, including the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section. (d)Annual Review of Amount of AssistanceThe Secretary shall annually review the amount of financial assistance provided under this section, including the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section. .
Section 292
642. Waiver of requirements for air transportation of deceased members of the Armed Forces when necessary to meet mission requirements Section 562(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended by adding at the end the following new paragraph: The Secretary concerned may waive the requirements of paragraphs (1) and (3) as the Secretary considers necessary to meet mission requirements during— a time of war; a national emergency requiring the use of significant personnel and aircraft; a large-scale combat operation; or a contingency operation. (4)WaiverThe Secretary concerned may waive the requirements of paragraphs (1) and (3) as the Secretary considers necessary to meet mission requirements during— (A)a time of war;
(B)a national emergency requiring the use of significant personnel and aircraft; (C)a large-scale combat operation; or
(D)a contingency operation..
Section 293
651. Use of commissary stores: civilian employees of Military Sealift Command Section 1066 of title 10, United States Code, is amended, in subsection (a)— by inserting (1) before An individual; and by adding at the end the following new paragraph: A civil service mariner of the Military Sealift Command may be permitted to use commissary stores and MWR retail facilities on the same basis as members of the armed forces on active duty. Such section is further amended— in the section heading, by striking protective services and inserting certain; and in the heading of subsection (a), by striking protective services and inserting certain. (2)A civil service mariner of the Military Sealift Command may be permitted to use commissary stores and MWR retail facilities on the same basis as members of the armed forces on active duty..
Section 294
652. MWR retail facilities: use by civilian employees of the Armed Forces Chapter 54 of title 10, United States Code, is amended by adding at the end the following new section: Subject to subsection (c) of this section and section 1066 of this title, a civilian employee of the Department of Defense or department in which the Coast Guard is operating shall be permitted to use MWR retail facilities on the same basis as members of the armed forces on active duty. Subject to subsection (c), a retired civilian employee of the Department of Defense or department in which the Coast Guard is operating shall be permitted to use MWR retail facilities on the same basis as members of the armed forces on active duty. A civilian employee or retired civilian employee may not purchase tobacco or a military uniform at MWR retail facilities. In this section, the term MWR retail facilities has the meaning given such term in section 1063 of this title. The Secretary of Defense shall prescribe regulations under section 1067 of such title, as added by this section, not later than 30 days after the date of the enactment of this Act. 1067.MWR facilities: civilian employees (a)Current employeesSubject to subsection (c) of this section and section 1066 of this title, a civilian employee of the Department of Defense or department in which the Coast Guard is operating shall be permitted to use MWR retail facilities on the same basis as members of the armed forces on active duty.
(b)Retired employeesSubject to subsection (c), a retired civilian employee of the Department of Defense or department in which the Coast Guard is operating shall be permitted to use MWR retail facilities on the same basis as members of the armed forces on active duty. (c)LimitationA civilian employee or retired civilian employee may not purchase tobacco or a military uniform at MWR retail facilities.
(d)MWR retail facilities definedIn this section, the term MWR retail facilities has the meaning given such term in section 1063 of this title..
Section 295
1067. MWR facilities: civilian employees Subject to subsection (c) of this section and section 1066 of this title, a civilian employee of the Department of Defense or department in which the Coast Guard is operating shall be permitted to use MWR retail facilities on the same basis as members of the armed forces on active duty. Subject to subsection (c), a retired civilian employee of the Department of Defense or department in which the Coast Guard is operating shall be permitted to use MWR retail facilities on the same basis as members of the armed forces on active duty. A civilian employee or retired civilian employee may not purchase tobacco or a military uniform at MWR retail facilities. In this section, the term MWR retail facilities has the meaning given such term in section 1063 of this title.
Section 296
653. Single-use shopping bags in commissary stores Section 2485 of title 10, United States Code, is amended by adding at the end the following new subsection: The Defense Commissary Agency may not prohibit the use of, or charge a fee for, single-use shopping bags in a commissary store. (j)Single-use shopping bagsThe Defense Commissary Agency may not prohibit the use of, or charge a fee for, single-use shopping bags in a commissary store..
Section 297
654. Pilot program on nutrition ratings for food sold in commissaries Not later than September 30, 2026, the Secretary of Defense shall carry out a pilot program to provide a nutrition rating system— that indicates the overall nutritional value of foods based on nutrient density and ingredient quality; for food sold in at least 10 commissary stores; and through the Commissary CLICK2GO mobile application and online platform. The Secretary may carry out the pilot program by using a system operated by an entity that— is not owned or operated by food company; uses transparent, evidence-based methodology, grounded in current nutrition science and public health guidelines; and can rate the nutritonal value of— at least 80 percent of foods available at participating commissary stores; and a wide range of food products, including single-ingredient foods, package goods, and mixed meals. Not later than September 30, 2028, the Secretary shall submit to Congress a report regarding the pilot program that includes recommendations of the Secretary to improve the nutritional value of foods sold in commissary stores. The pilot program under this section shall terminate on September 30, 2030.
Section 298
661. Provision of information regarding relocation assistance programs for members receiving orders for a change of permanent station Section 1056 of title 10, United States Code, is amended— in subsection (b)(2)— in subparagraph (A), by striking and community orientation and inserting community orientation, education systems, school enrollment procedures, and State-specific provisions under the Interstate Compact on Educational Opportunity for Military Children; in subparagraph (C), by striking and community orientation and inserting community orientation, and educational resources for dependent children, including school transition assistance, academic continuity, and special education services; and by adding at the end the following new subparagraph: Educational planning and support services for dependent children with disabilities, including procedures for transferring individualized education programs and coordinating with the Exceptional Family Member Program. by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and by inserting after subsection (d) the following new subsection: The Secretary of Defense shall ensure that members of the armed forces and the families of those members are provided information regarding available assistance under this section and any other assistance relating to a change of permanent station available under any other provision of law. The Secretary shall ensure that information required to be provided under this subsection is provided to a member of the armed forces and the family of that member not later than 45 days before the date on which a change of permanent station takes effect for that member. The information provided under this subsection shall include— information on family assistance programs authorized under section 1788 of this title, including financial planning resources, spouse employment support, and community integration services; guidance on available housing assistance, including on-base housing options, rental protections, and resources for off-base relocation; mental health and well-being support services, including those accessible during the period of transition for a change of permanent station; educational resources for dependent children, including school transition assistance and special education services; information on available legal and financial counseling programs; and any other assistance programs that support members of the armed forces and their families during relocation. The Secretary of Defense shall— incorporate the information required to be provided under this subsection into accessible materials and briefings provided to members of the armed forces relating to a change of permanent station; ensure that the program under this section provides accessible materials and briefings at military installations and through online resources; develop a communication strategy, including digital outreach and printed materials, to increase awareness of the program under this section and assistance available under other provisions of law relating to a change of permanent station; and assess the satisfaction of members of the armed forces and their families with the information provided under this subsection. Not later than one year after the date of enactment of this Act, and annually thereafter for three years, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation of the amendments made by this section. Such briefing shall include— the status of efforts to integrate information required to be provided by subsection (e) of section 1056 of title 10, United States Code, as added by subsection (a) of this section, into accessible materials and briefings provided to members of the armed forces and their families relating to a change of permanent station; an assessment of the awareness by members of the armed forces and their families of available programs in support of a change of permanent station; and any recommendations of the Secretary for improving the dissemination of information related to relocation and family assistance programs. (E)Educational planning and support services for dependent children with disabilities, including procedures for transferring individualized education programs and coordinating with the Exceptional Family Member Program.; (e)Provision of Information on Program
(1)The Secretary of Defense shall ensure that members of the armed forces and the families of those members are provided information regarding available assistance under this section and any other assistance relating to a change of permanent station available under any other provision of law. (2)The Secretary shall ensure that information required to be provided under this subsection is provided to a member of the armed forces and the family of that member not later than 45 days before the date on which a change of permanent station takes effect for that member.
(3)The information provided under this subsection shall include— (A)information on family assistance programs authorized under section 1788 of this title, including financial planning resources, spouse employment support, and community integration services;
(B)guidance on available housing assistance, including on-base housing options, rental protections, and resources for off-base relocation; (C)mental health and well-being support services, including those accessible during the period of transition for a change of permanent station;
(D)educational resources for dependent children, including school transition assistance and special education services; (E)information on available legal and financial counseling programs; and
(F)any other assistance programs that support members of the armed forces and their families during relocation. (4)The Secretary of Defense shall—
(A)incorporate the information required to be provided under this subsection into accessible materials and briefings provided to members of the armed forces relating to a change of permanent station; (B)ensure that the program under this section provides accessible materials and briefings at military installations and through online resources;
(C)develop a communication strategy, including digital outreach and printed materials, to increase awareness of the program under this section and assistance available under other provisions of law relating to a change of permanent station; and (D)assess the satisfaction of members of the armed forces and their families with the information provided under this subsection..
Section 299
662. Expansion of pilot program to increase access to food on military installations Section 654 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 1060a note) is amended— in subsection (a)— by striking Secretary of the Army and inserting Secretary of a military department; and by striking installations of the Army for members of the Army and inserting installations under the jurisdiction of the Secretary for members of the Armed Forces; in subsection (b), by inserting of the military department concerned after Secretary; and by striking subsection (d) and inserting the following new subsection (d): At the end of each calendar quarter until the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a progress report regarding implementation of the pilot program. Not later than 90 days after the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report regarding the pilot program. Such report shall include the following elements: Lessons learned from the pilot program. The recommendation of the Secretary whether to expand or make permanent the pilot program. If the Secretary recommends expansion, the military installations covered by such recommended expansion. Limitations to the operation or expansion of the pilot program. Any information the Secretary determines appropriate. (d)Reporting
(1)Progress reportsAt the end of each calendar quarter until the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a progress report regarding implementation of the pilot program. (2)Final reportNot later than 90 days after the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report regarding the pilot program. Such report shall include the following elements:
(A)Lessons learned from the pilot program. (B)The recommendation of the Secretary whether to expand or make permanent the pilot program.
(C)If the Secretary recommends expansion, the military installations covered by such recommended expansion. (D)Limitations to the operation or expansion of the pilot program.
(E)Any information the Secretary determines appropriate..
Section 300
663. Casualty assistance program: review; implementation plan Not later than January 1, 2027, the Comptroller General of the United States shall submit to the Secretary of Defense a report containing the results of a review of operations of the casualty assistance program of the Department of Defense. Elements of such report shall include recommendations of the Comptroller General regarding the feasibility and advisability of the following: Improving and standardizing across the Armed Forces— the selection and management (including lengths of assignments) of casualty assistance officers; and training of casualty assistance officers regarding the policies, procedures, entitlements, benefits, and financial obligations relevant to survivors of members of the Armed Forces. The implementation of a registry of the Department through which a survivor may elect to provide their contact information to the Department to facilitate contact and outreach to such survivor. The development a long-term care program for such survivors, modeled on the Survivor Outreach Services of the Army, that provides information and access to survivor benefits, case managers, and counselors. Not later than 180 days after the Secretary receives the report under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives— a copy of such report; and the plan of the Secretary to implement such recommendations of the Comptroller General.
Section 301
664. Report on military camping and recreational park program Not later than March 1, 2027, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing how each military department administers military camping and recreational parks to ensure such parks are equally accessible to all persons authorized to use such parks. The report required under subsection (a) shall include the following: A list of military camping and recreational vehicle parks that includes the location of each park and an identification of the military department that administers such park. An estimate of the average number of members of the Armed Forces and veterans who use each facility in a year, disaggregated by members of an active component, members of a reserve component, and veterans. A list of such parks that allow users to stay more than 30 days during any 90-day period. A list of such parks that allow users to live at a park full-time. An explanation of the differences between the policies that apply to such parks and the policies that apply to other morale, welfare, and recreation facilities of the Department of Defense that do not allow persons to stay more than 30 days. A description of any additional authorities or resources the Secretary determines are necessary to increase capacity and to ensure such parks are equally accessible to all persons authorized to use such parks.
Section 302
701. Dental readiness Section 1076a of title 10, United States Code, is amended— in subsection (a)— in paragraph (1)— in the header, by striking selected reserve and; and by striking for members of the Selected Reserve of the Ready Reserve and; in paragraph (2), in the header, by inserting individual ready after other; and by adding at the end the following new paragraph: A dental benefits plan for members of the Selected Reserve of the Ready Reserve. in subsection (d)— by redesignating paragraph (3) as paragraph (4); and by inserting after paragraph (2) the following new paragraph: The dental insurance plan established under subsection (a)(5) is a no premium plan. Members enrolled in a no premium plan may not be charged a premium for benefits provided under the plan. in subsection (e)(2)(A), by striking a member of the Selected Reserve of the Ready Reserve or; by redesignating subsections (f) through (l) as subsections (g) through (m), respectively; by inserting after subsection (e) the following new subsection (f): A member who receives dental care under a no premium plan referred to in subsection (d)(3) shall pay no charge for any care described in subsection (c). in subsection (i), as redesignated by paragraph (4), by striking subsection (k)(2) and inserting subsection (l)(2). (5)Plan for Selected ReserveA dental benefits plan for members of the Selected Reserve of the Ready Reserve.; (3)No premium plans (A)The dental insurance plan established under subsection (a)(5) is a no premium plan.
(B)Members enrolled in a no premium plan may not be charged a premium for benefits provided under the plan. ; (f)Copayments under no premium plansA member who receives dental care under a no premium plan referred to in subsection (d)(3) shall pay no charge for any care described in subsection (c).; and
Section 303
702. Inclusion of certain tests as part of the periodic health assessment provided to members of the Armed Forces Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section: Beginning in 2026, the Secretary of Defense shall ensure that periodic health assessments provided to a member of the armed forces include the following: On an annual basis— a sports physical; an electrocardiogram; and blood work that includes— a comprehensive metabolic panel and complete blood count; and if necessary— a thyroid stimulating hormone test; and a brain natriuretic peptide test. Any test or evaluation required by law with respect to such member, including an evaluation required by section 704 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1074f note) and a test required by section 707 of such Act (10 U.S.C. 1074 note). Any other test or evaluation determined appropriate by the Secretary. 1074p.Periodic health assessmentsBeginning in 2026, the Secretary of Defense shall ensure that periodic health assessments provided to a member of the armed forces include the following:
(1)On an annual basis— (A)a sports physical;
(B)an electrocardiogram; and (C)blood work that includes—
(i)a comprehensive metabolic panel and complete blood count; and (ii)if necessary—
(I)a thyroid stimulating hormone test; and (II)a brain natriuretic peptide test.
(2)Any test or evaluation required by law with respect to such member, including an evaluation required by section 704 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1074f note) and a test required by section 707 of such Act (10 U.S.C. 1074 note). (3)Any other test or evaluation determined appropriate by the Secretary..
Section 304
1074p. Periodic health assessments Beginning in 2026, the Secretary of Defense shall ensure that periodic health assessments provided to a member of the armed forces include the following: On an annual basis— a sports physical; an electrocardiogram; and blood work that includes— a comprehensive metabolic panel and complete blood count; and if necessary— a thyroid stimulating hormone test; and a brain natriuretic peptide test. Any test or evaluation required by law with respect to such member, including an evaluation required by section 704 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1074f note) and a test required by section 707 of such Act (10 U.S.C. 1074 note). Any other test or evaluation determined appropriate by the Secretary.
Section 305
703. Fertility treatment for certain members of the Armed Forces and dependents Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section: The Secretary shall ensure that fertility-related care for a covered member (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select. In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a)— three completed oocyte retrievals may be furnished per calendar year; and single embryo transfers shall be provided unless otherwise medically indicated in accordance with the guidelines of the American Society for Reproductive Medicine. The Secretary shall ensure that cost-sharing amounts for an individual who receives fertility-related care under this section are determined under section 1075, 1075a, or other applicable provision of this chapter in accordance with the kind of care provided (such as an in-network inpatient visit) and without regard to whether the care is fertility-related care. The Secretary may not impose any waiting periods or other limitations once the individual has received a medical diagnosis of infertility. Funds available to the Department of Defense may not be used for preimplantation genetic screening, human cloning, international surrogacy, or artificial womb technology. In this section: The term covered member means— a member of the Army, Navy, Marine Corps, Air Force, or Space Force, serving on active duty; and does not include a former member of the armed forces. The term infertility means a disease, condition, or status characterized by— the failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse in accordance with the guidelines of the American Society for Reproductive Medicine; the inability of an individual to reproduce without medical intervention either as a single individual or with the partner of the individual; or the findings of a licensed physician based on the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, of the individual. The term fertility-related care means— the diagnosis of infertility; and fertility treatment. The term fertility treatment includes the following: In vitro fertilization or other treatments or procedures in which human oocytes, embryos, or sperm are handled when clinically appropriate. Sperm retrieval. Egg retrieval. Preservation of human oocytes, embryos, or sperm. Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination. Transfer of reproductive genetic material. Medications as prescribed or necessary for fertility. Fertility treatment coordination. Such other information, referrals, treatments, procedures, testing, medications, laboratory services, technologies, and services facilitating reproduction as determined appropriate by the Secretary of Defense. Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall establish a program on the coordination of fertility-related care by the Secretary for purposes of ensuring patients receive timely fertility-related care. In carrying out the program established under subsection (a), the Secretary shall provide to community health care providers training and support with respect to the unique needs of members of the armed forces and the dependents of such members. Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: Fertility-related care shall be provided in accordance with section 1074p of this title. Section 1086(a) of such title is amended by striking eye examinations and and inserting eye examinations, fertility-related care pursuant to paragraph (21) of such section, and. The amendments made by this section shall apply with respect to services provided on or after October 1, 2027. 1074p.Fertility treatment for certain active duty members of the armed forces and dependents (a)CoverageThe Secretary shall ensure that fertility-related care for a covered member (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select.
(b)In vitro fertilizationIn the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a)— (1)three completed oocyte retrievals may be furnished per calendar year; and
(2)single embryo transfers shall be provided unless otherwise medically indicated in accordance with the guidelines of the American Society for Reproductive Medicine. (c)Cost sharing and other limitationsThe Secretary shall ensure that cost-sharing amounts for an individual who receives fertility-related care under this section are determined under section 1075, 1075a, or other applicable provision of this chapter in accordance with the kind of care provided (such as an in-network inpatient visit) and without regard to whether the care is fertility-related care. The Secretary may not impose any waiting periods or other limitations once the individual has received a medical diagnosis of infertility.
(d)ProhibitionsFunds available to the Department of Defense may not be used for preimplantation genetic screening, human cloning, international surrogacy, or artificial womb technology. (e)DefinitionsIn this section:
(1)The term covered member means— (A)a member of the Army, Navy, Marine Corps, Air Force, or Space Force, serving on active duty; and
(B)does not include a former member of the armed forces. (2)The term infertility means a disease, condition, or status characterized by—
(A)the failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse in accordance with the guidelines of the American Society for Reproductive Medicine; (B)the inability of an individual to reproduce without medical intervention either as a single individual or with the partner of the individual; or
(C)the findings of a licensed physician based on the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, of the individual. (3)The term fertility-related care means—
(A)the diagnosis of infertility; and (B)fertility treatment.
(4)The term fertility treatment includes the following: (A)In vitro fertilization or other treatments or procedures in which human oocytes, embryos, or sperm are handled when clinically appropriate.
(B)Sperm retrieval. (C)Egg retrieval.
(D)Preservation of human oocytes, embryos, or sperm. (E)Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination.
(F)Transfer of reproductive genetic material. (G)Medications as prescribed or necessary for fertility.
(H)Fertility treatment coordination. (I)Such other information, referrals, treatments, procedures, testing, medications, laboratory services, technologies, and services facilitating reproduction as determined appropriate by the Secretary of Defense.. 1110c.Program on fertility-related care coordination (a)In generalThe Secretary of Defense shall establish a program on the coordination of fertility-related care by the Secretary for purposes of ensuring patients receive timely fertility-related care.
(b)Training and supportIn carrying out the program established under subsection (a), the Secretary shall provide to community health care providers training and support with respect to the unique needs of members of the armed forces and the dependents of such members.. (21)Fertility-related care shall be provided in accordance with section 1074p of this title..
Section 306
1074p. Fertility treatment for certain active duty members of the armed forces and dependents The Secretary shall ensure that fertility-related care for a covered member (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select. In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a)— three completed oocyte retrievals may be furnished per calendar year; and single embryo transfers shall be provided unless otherwise medically indicated in accordance with the guidelines of the American Society for Reproductive Medicine. The Secretary shall ensure that cost-sharing amounts for an individual who receives fertility-related care under this section are determined under section 1075, 1075a, or other applicable provision of this chapter in accordance with the kind of care provided (such as an in-network inpatient visit) and without regard to whether the care is fertility-related care. The Secretary may not impose any waiting periods or other limitations once the individual has received a medical diagnosis of infertility. Funds available to the Department of Defense may not be used for preimplantation genetic screening, human cloning, international surrogacy, or artificial womb technology. In this section: The term covered member means— a member of the Army, Navy, Marine Corps, Air Force, or Space Force, serving on active duty; and does not include a former member of the armed forces. The term infertility means a disease, condition, or status characterized by— the failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse in accordance with the guidelines of the American Society for Reproductive Medicine; the inability of an individual to reproduce without medical intervention either as a single individual or with the partner of the individual; or the findings of a licensed physician based on the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, of the individual. The term fertility-related care means— the diagnosis of infertility; and fertility treatment. The term fertility treatment includes the following: In vitro fertilization or other treatments or procedures in which human oocytes, embryos, or sperm are handled when clinically appropriate. Sperm retrieval. Egg retrieval. Preservation of human oocytes, embryos, or sperm. Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination. Transfer of reproductive genetic material. Medications as prescribed or necessary for fertility. Fertility treatment coordination. Such other information, referrals, treatments, procedures, testing, medications, laboratory services, technologies, and services facilitating reproduction as determined appropriate by the Secretary of Defense.
Section 307
1110c. Program on fertility-related care coordination The Secretary of Defense shall establish a program on the coordination of fertility-related care by the Secretary for purposes of ensuring patients receive timely fertility-related care. In carrying out the program established under subsection (a), the Secretary shall provide to community health care providers training and support with respect to the unique needs of members of the armed forces and the dependents of such members.
Section 308
704. TRICARE coverage for increased supply for contraception Beginning not less than 180 days after the date of the enactment of the Act, contraceptive supplies of up to 365 days shall be covered for any eligible covered beneficiary to obtain, including in a single fill or refill, at the option of such beneficiary, the total days of supply (not to exceed a 365-day supply) for a contraceptive on the uniform formulary provided through a military treatment facility pharmacy, retail pharmacy described in section 1074g(a)(2)(E)(ii) of such title, or through the national mail-order pharmacy program of the TRICARE Program. Beginning not later than 90 days after the implementation of coverage under subsection (a), the Secretary shall conduct such outreach activities as are necessary to inform health care providers and individuals who are enrolled in the TRICARE program of such coverage and the requirements to receive such coverage. In this section: The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force. The term eligible covered beneficiary means an eligible covered beneficiary as such term is used in section 1074g of title 10, United States Code who is— a member of a covered Armed Force serving on active duty; or a dependent of a member described in subparagraph (A). The terms TRICARE Program and TRICARE Prime have the meaning given such terms in section 1072 of title 10, United States Code.
Section 309
705. Pilot program on access to obstetrical and gynecological care under TRICARE Prime program Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which— the referral requirement in section 1095f(a)(1) of title 10, United States Code, does not apply with respect to obstetrical and gynecological care for covered participants; and covered participants may elect to designate an obstetrical or gynecological care provider under the TRICARE program as an additional designated primary care manager under such section. The Secretary shall carry out the pilot program for a period of five years. Not later than four years after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the pilot program that includes the following: An assessment of any increases or decreases to TRICARE Prime enrollment during the period in which the Secretary carries out the pilot program. An assessment of any changes in the associated costs of providing obstetrical and gynecological care under TRICARE Prime. Any other matters the Secretary determines appropriate. In this section: The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. The term covered participant means a female member of the Army, Navy, Air Force, Marine Corps, or Space Force or a female dependent of a member of the Army, Navy, Air Force, Marine Corps, or Space Force, enrolled in TRICARE Prime who elects to participate in the pilot program. The terms TRICARE Prime and TRICARE program have the meaning given those terms in section 1072 of title 10, United States Code.
Section 310
706. Pilot program to make midwife services available through TRICARE to certain individuals Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall begin a five-year pilot program to provide services from covered midwives to covered individuals under the TRICARE program. If the Secretary determines, after the termination of the pilot program that such pilot program was successful, the Secretary may prescribe such regulations to establish a permanent program to make services from covered midwives available to covered individuals as the Secretary determines appropriate. 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 House of Representatives and the Senate a plan to implement the pilot program under subsection (a). Not later than one year after the date on which the pilot program begins and annually thereafter until the date that is 1 year after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report including: The total cost of the pilot program and the cost per covered individual who received care under the pilot program. The total number of covered individual who received care under the pilot program. The race, ethnicity, age, sex, relationship status, Armed Force, military occupation, and rank, as applicable, of covered individual who received care under the pilot program. An assessment of the effects of the pilot program on quality of care, including— on maternal and fetal outcomes; and on the number of pre-term births, low-weight births, and rates of caesarean section, and such other data points as the Secretary determines appropriate. An assessment of patient satisfaction of covered individuals who received care through the pilot program. An assessment of access to maternity and labor and delivery care for covered individuals, including average wait time for an initial appointment and average travel time to the provider. An assessment of the effectiveness of the pilot program. Recommendations for adjustments to the pilot program. The estimated cost savings as a result of improved maternal and fetal health outcomes due to the pilot program. The Secretary of Defense’s recommendations relating to changes to the pilot program, an extension of the pilot program, and whether the pilot program should be expanded made permanent. In this section: The terms covered individual means a member serving in the Army, Navy, Air Force, Marine Corps, or Space Force, or a dependent of such a member. The term covered midwife means a certified professional midwife or certified midwife who meets— the international definition of a midwife, and global standards for midwifery education, established by the International Confederation of Midwives, and any professional credentialing requirement required to practice midwifery under applicable State law. The term TRICARE program has the meaning given such term in section 1072 of title 10, United States Code.
Section 311
707. Pilot program to treat pregnancy as a qualifying event for enrollment in TRICARE Select Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence a five-year pilot program under which— the Secretary shall treat pregnancy as a qualifying event under section 1099(b)(1)(B) of title 10, United States Code, for enrollment in TRICARE Select by an eligible beneficiary; and a member of the Army, Navy, Marine Corps, Air Force, or Space Force on active duty may enroll in TRICARE Select under paragraph (1) for a period that ends not later than 180 days after the end of pregnancy. Not later than one year after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the pilot program under subsection (a). Not later than one year after the Secretary commences the pilot program under subsection (a), and annually thereafter for the next four years, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program. Each such report shall include the number of covered enrollment changes, disaggregated by— month, beginning with January 2026; and whether the eligible beneficiary made such covered enrollment change— because the eligible beneficiary is a member of the covered Armed Forces on active duty who may enroll in TRICARE Select under the pilot program; because the eligible beneficiary is a member of the covered Armed Forces who separated from active duty; because the eligible beneficiary is a member of the covered Armed Forces who returned to active duty; because the eligible beneficiary is a dependent of a member of the covered Armed Forces who separated from active duty; because the eligible beneficiary is a dependent of a member of the covered Armed Forces who returned to active duty; or based on the treatment, under the pilot program, of pregnancy as a qualifying event for enrollment in TRICARE Select. In this section: The term covered Armed Forces means the Army, Navy, Marine Corps, Air Force, and Space Force. The term covered enrollment change means a change to a previous election by an eligible beneficiary under subsection (b)(1) of section 1099 of title 10, United States Code, to enroll in a health care plan designated under subsection (c) of such section. The term eligible beneficiary means an individual— eligible to enroll in TRICARE Select under section 1075(b) of title 10, United States Code, by reason of being a member or former member of the covered Armed Forces, or a dependent of such a member or former member; or a member of the covered Armed Forces on active duty. The terms TRICARE program and TRICARE Select have the meanings given such terms in section 1072 of title 10, United States Code.
Section 312
708. Pilot program to assist certain members of the Armed Forces and dependents with additional supplemental coverage relating to cancer Not later than September 30, 2026, the Secretary of Defense shall establish a pilot program under which a covered individual may obtain supplemental insurance for noncovered expenses under a fixed indemnity supplemental benefit plan described in subsection (b)(1) (in this section referred to as the pilot program). In carrying out the pilot program, the Secretary shall enter into an agreement with not fewer than two companies to each offer one or more fixed indemnity supplemental benefit plans that— meet the requirements for a supplemental insurance plan under section 199.2 of title 32, Code of Federal Regulations, and the exceptions under section 199.8(b)(4) of such title, as in effect on the date of the enactment of this Act; are provided under a separate policy, certificate, or contract; provide no coordination with any other health benefit plan; and are designed to help participants pay noncovered expenses. An agreement entered into under paragraph (1) shall be for a period of not less than three years. In entering into an agreement under paragraph (1) with a company, the Secretary— may not select such company to provide coverage in a State in which such company— is not licensed; and does not meet solvency requirements applicable to such State; shall award the agreement based on the expertise of such company; shall negotiate the terms and conditions of the fixed indemnity supplemental benefit plan provided under the agreement, including with respect to the ability of the company to communicate with individuals not enrolled in the plan and whether such communication may include information on other insurance products; shall negotiate the cost of coverage with the company that will cover the participants who elect to enroll in such plan; shall provide a method for verification of the eligibility of applicants and procedures for determination of eligibility; and shall provide a method for payroll deduction of premiums. The Secretary shall provide information to covered individuals regarding the pilot program by making available on the online portal of the TRICARE program the following information: A notice of availability of a fixed indemnity supplemental benefit plan provided under the pilot program. A description of how to enroll in such plan. A description and explanation of the benefits provided under such plan. A description of the costs to the individual through premiums and remittances to a company providing such plan. A covered individual may elect to enroll in a fixed indemnity supplemental benefit plan provided under the pilot program. None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 or any fiscal year thereafter to carry out the pilot program may be used to subsidize the cost of a fixed indemnity supplemental benefit plan provided under the pilot program. Section 199.17(a)(7)(i) of title 32, Code of Federal Regulations, as in effect on the date of the enactment of this Act, shall apply to the pilot program. Not later than two years after the date on which the pilot program commences, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the pilot program, including the following: A description of the insurance products provided through a fixed indemnity supplemental benefit plan provided under the pilot program. The number of covered individuals who enrolled in such a plan. Feedback and examples of use cases by such individuals. A determination by the Secretary with respect to whether the pilot program should be made permanent. Unless the Secretary makes a determination under subsection (f)(4) to make the pilot program permanent, the pilot program shall terminate on the day that is five years after the date of the enactment of this Act. In this section: The term covered individual means the following: A member of the Army, Navy, Marine Corps, Air Force, or Space Force. A dependent (as defined in section 1072 of title 10, United States Code) of such a member who is enrolled in the TRICARE program. The term noncovered expense means, with respect to a covered individual, any expenses relating to the screening for and diagnosis and treatment of cancer that are not otherwise covered by the health care benefits the individual receives under chapter 55 of title 10, United States Code. The term State has the meaning given that term in section 901 of title 32, United States Code. The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
Section 313
709. Medical testing and related services for firefighters of Department of Defense During the annual periodic health assessment of each firefighter of the Department of Defense, or at such other intervals as may be indicated in this subsection, the Secretary shall provide to the firefighter (at no cost to the firefighter) appropriate medical testing and related services to detect, document the presence or absence of, and prevent, certain cancers. Such services shall meet, at a minimum, the following criteria: With respect to the breast cancer screening, if the firefighter is a female firefighter— such services shall include the provision of a mammogram to the firefighter— on at least a biannual basis if the firefighter is 40 years old to 49 years old (inclusive); on at least an annual basis if the firefighter is at least 50 years old; and as clinically indicated (without regard to age); and in connection with such provision, a licensed radiologist shall review the most recent mammogram provided to the firefighter, as compared to prior mammograms so provided, and provide to the firefighter the results of such review. With respect to colon cancer screening— if the firefighter is at least 40 years old, and as otherwise clinically indicated, such services shall include the communication to the firefighter of the risks and benefits of stool-based blood testing; if the firefighter is at least 45 years old, and as clinically indicated (without regard to age), such services shall include the provision, at regular intervals, of visual examinations (such as a colonoscopy, CT colonoscopy, or flexible sigmoidoscopy) or stool-based blood testing; and in connection with such provision, a licensed physician shall review and provide to the firefighter the results of such examination or testing, as the case may be. With respect to prostate cancer screening, if the firefighter is a male firefighter, the communication to the firefighter of the risks and benefits of prostate cancer screenings and the provision to the firefighter of a prostate-specific antigen test— on an annual basis, if the firefighter is at least 50 years old; on an annual basis, if the firefighter is at least 40 years old and is a high-risk individual; and as clinically indicated (without regard to age). Such services shall include routine screenings for any other cancer the risk or occurrence of which the Director of the Centers for Disease Control and Prevention has identified as higher among firefighters than among the general public, the provision of which shall be carried out during the annual periodic health assessment of the firefighter. A firefighter of the Department of Defense may opt out of the receipt of a medical testing or related service provided under subsection (a). In providing medical testing and related services under subsection (a), the Secretary shall use consensus technical standards in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note). In providing medical testing and related services under subsection (a), the Secretary— shall document the acceptance rates of such tests offered and the rates of such tests performed; shall document tests results, to identify trends in the rates of cancer occurrences among firefighters; and may collect and maintain additional information from the recipients of such tests and other services, to allow for appropriate scientific analysis. In analyzing any information of an individual documented, collected, or maintained under paragraph (1), in addition to complying with other applicable privacy laws, the Secretary shall ensure the name, and any other personally identifiable information, of the individual is removed from such information prior to the analysis. The Secretary may share data from any tests performed under subsection (a) with the Director of the Centers for Disease Control and Prevention, as appropriate, to increase the knowledge and understanding of cancer occurrences among firefighters. In this section: The term firefighter has the meaning given that term in section 707 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1441; 10 U.S.C. 1074m note). The term high-risk individual means an individual who— is African American; has at least one first-degree relative who has been diagnosed with prostate cancer at an early age; or is otherwise determined by the Secretary to be high risk with respect to prostate cancer.
Section 314
710. Continuous glucose monitoring pilot program The Secretary of Defense shall carry out a pilot program under the TRICARE program under which the Secretary provides covered members with continuous glucose monitoring technology to assess the effects of real-time metabolic health tracking and early intervention on improving— the health of the members; and force readiness. The Secretary shall require a covered member to participate in the pilot program under subsection (a) if the Secretary identifies the member as being in either the Partially Medically Ready category or the Not Medically Ready category of the Individual Medical Readiness program. The Secretary may use the health information of a covered member collected under the pilot program under subsection (a) only for the purposes of— carrying out the pilot program, including with respect to furnishing information to the Comptroller General of the United States pursuant to subsection (g)(1); providing health care, including preventative care, to the member pursuant to chapter 55 of title 10, United States Code; and conducting the Individual Medical Readiness program. The Secretary may not use the health information of a covered member collected under the pilot program under subsection (a) in separating or discharging the member from the Armed Forces under chapter 61 of title 10, United States Code. A nongovernmental entity that provides continuous glucose monitoring technology under the pilot program under subsection (a), or otherwise provides services under the pilot program, may not— retain any rights to health information of a covered member collected under the pilot program; use such information except as authorized by this section; and may not retain such information after such authorized use is completed. The Secretary shall provide covered members participating in the pilot program under subsection (a) with— information regarding metabolic health awareness; and education and services to improve force readiness. The Secretary shall— provide medical professionals of the military departments with in-person training on the background, procedures, and reporting requirements of the pilot program under subsection (a); and establish shared educational resources and training materials that may be used by all the military departments. The Secretary shall carry out the pilot program under subsection (a) for a five-year period. Not later than three years after the date on which the Secretary commences the pilot program under subsection (a), the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program, including— a comparison of the rates of members in the Partially Medically Ready category or the Not Medically Ready category of the Individual Medical Readiness program during 2025 and during the third year in which the pilot program is carried out; and recommendations to improve the pilot program. Not later than five years after the date on which the Secretary commences the pilot program under subsection (a), the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program, including— an assessment of the effectiveness of the recommendations under subparagraph (A)(ii); and a determination by the Comptroller General regarding whether the pilot program should be extended. Not later than five years after the date on which the Secretary commences the pilot program under subsection (a), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program, including— data regarding the use and efficacy of the pilot program; how the pilot program affected force readiness; and any recommendations by the Secretary to improve the pilot program. In this section: The term covered member means a member of the Armed Forces serving on active duty who meets any of the following criteria: The member has been diagnosed with prediabetes. The member has been diagnosed with type 2 diabetes and does not take insulin. The member has had gestational diabetes. The member is overweight or obese. The term Individual Medical Readiness program means the program specified in Department of Defense Instruction 6025.19, or successor instruction. The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
Section 315
711. Tricare coverage for anesthesia for in-office dental procedures for pediatric dentistry Section 1077(a)(10) of title 10, United States Code, is amended by inserting before the period the following: , including with respect to anesthesia for in-office dental procedures for children.
Section 316
712. Notification to TRICARE beneficiaries of coverage transition requirements Chapter 55 of title 10, United States Code, is amended by inserting after section 1097d the following: The Secretary shall provide each covered beneficiary with notices of a TRICARE coverage transition requirement that affects the individual. The Secretary shall provide notice under paragraph (1) through electronic means. The Secretary shall provide notices to a covered beneficiary under subsection (a)(1) as follows: On the date that is one year before the covered beneficiary will experience a TRICARE coverage transition requirement. On the date that is 180 days before the covered beneficiary will experience a TRICARE coverage transition requirement. On the date that is 30 days before the covered beneficiary will experience a TRICARE coverage transition requirement. The Secretary shall conduct an outreach and public awareness campaign to inform covered beneficiaries of TRICARE coverage transition requirements, including through the TRICARE internet website, social media, and through family readiness groups. On an annual basis the Secretary shall submit to the congressional defense committees a report on the implementation of this section, including metrics relating to the outreach and public awareness campaign under subsection (c) and any recommendations to improve making covered beneficiaries aware of TRICARE coverage transition requirements. In this section, the term TRICARE coverage transition requirement means a requirement under this chapter for a covered beneficiary to make a different election under the TRICARE program to continue enrollment in the TRICARE program, including by reason of attaining a certain age as described in section 1086(d) or 1110b of this title. 1097e.TRICARE program: notice of coverage transition requirements
(a)Provision of notice
(1)The Secretary shall provide each covered beneficiary with notices of a TRICARE coverage transition requirement that affects the individual. (2)The Secretary shall provide notice under paragraph (1) through electronic means.
(b)Timing of noticeThe Secretary shall provide notices to a covered beneficiary under subsection (a)(1) as follows: (1)On the date that is one year before the covered beneficiary will experience a TRICARE coverage transition requirement.
(2)On the date that is 180 days before the covered beneficiary will experience a TRICARE coverage transition requirement. (3)On the date that is 30 days before the covered beneficiary will experience a TRICARE coverage transition requirement.
(c)OutreachThe Secretary shall conduct an outreach and public awareness campaign to inform covered beneficiaries of TRICARE coverage transition requirements, including through the TRICARE internet website, social media, and through family readiness groups. (d)ReportsOn an annual basis the Secretary shall submit to the congressional defense committees a report on the implementation of this section, including metrics relating to the outreach and public awareness campaign under subsection (c) and any recommendations to improve making covered beneficiaries aware of TRICARE coverage transition requirements.
(e)TRICARE coverage transition requirementIn this section, the term TRICARE coverage transition requirement means a requirement under this chapter for a covered beneficiary to make a different election under the TRICARE program to continue enrollment in the TRICARE program, including by reason of attaining a certain age as described in section 1086(d) or 1110b of this title..
Section 317
1097e. TRICARE program: notice of coverage transition requirements The Secretary shall provide each covered beneficiary with notices of a TRICARE coverage transition requirement that affects the individual. The Secretary shall provide notice under paragraph (1) through electronic means. The Secretary shall provide notices to a covered beneficiary under subsection (a)(1) as follows: On the date that is one year before the covered beneficiary will experience a TRICARE coverage transition requirement. On the date that is 180 days before the covered beneficiary will experience a TRICARE coverage transition requirement. On the date that is 30 days before the covered beneficiary will experience a TRICARE coverage transition requirement. The Secretary shall conduct an outreach and public awareness campaign to inform covered beneficiaries of TRICARE coverage transition requirements, including through the TRICARE internet website, social media, and through family readiness groups. On an annual basis the Secretary shall submit to the congressional defense committees a report on the implementation of this section, including metrics relating to the outreach and public awareness campaign under subsection (c) and any recommendations to improve making covered beneficiaries aware of TRICARE coverage transition requirements. In this section, the term TRICARE coverage transition requirement means a requirement under this chapter for a covered beneficiary to make a different election under the TRICARE program to continue enrollment in the TRICARE program, including by reason of attaining a certain age as described in section 1086(d) or 1110b of this title.
Section 318
713. Prohibition on coverage of gender-related medical treatment under TRICARE Chapter 55 of title 10, United States Code, is amended by inserting after section 1076f the following new section: Except as provided by subsection (b), medical care under section 1076 of this title with respect to members of the armed forces and dependents of such members does not include gender-related medical treatment, and the Secretary of Defense may not furnish any such treatment. The prohibition in subsection (a) shall not apply to medical treatment provided for purposes of treating— a disorder of sex development, diagnosed by a physician after such physician has determined through genetic or biochemical testing that such minor does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; irresolvably ambiguous biological sex characteristics of such minor, including the presence of— 46 XX chromosomes with virilization; 46 XY chromosomes with undervirilization; or both ovarian and testicular tissue; or an infection, injury, disease, or disorder caused or exacerbated by gender-related medical treatment. In this section: The term female means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. The term gender— means— males, females, or the natural differences between males and females, unless such term is otherwise specified or used alone (rather than with or as an adjective modifying other words); and is a synonym for sex; and does not mean gender identity, experienced gender, gender expression, or gender roles. The term gender-related medical treatment means— with respect to a female individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not female, including— surgical procedures, including— vaginectomy; hysterectomy; oophorectomy; reconstruction of the urethra; metoidioplasty; phalloplasty; salpingo-oophorectomy; scrotoplasty; implantation of erection or testicular protheses; subcutaneous mastectomy; vocal cord surgery; pectoral implants; and penile transplantation; exogenous doses of testosterone or other androgens; and puberty blockers, including— GnRH agonists; and synthetic drugs that suppress the production of estrogen and progesterone or delay or suppress pubertal development in female individuals; and with respect to a male individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not male, including— surgical procedures, including— penectomy; orchiectomy; vaginoplasty; clitoroplasty; vulvoplasty; augmentation mammoplasty; facial feminization surgery; vocal cord surgery; chondrolaryngoplasty; gluteal augmentation; and uterine transplantation; exogenous doses of estrogen; and puberty blockers, including— GnRH agonists; and synthetic drugs that suppress the production of testosterone or delay or suppress pubertal development in male individuals. The term male means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. The term sex means the biological determination as to whether an individual is male or female. Nothing in this section may be construed to entitle an individual to medical care under this chapter for which they are not otherwise entitled to under this chapter. Such chapter is further amended as follows: In section 1077(b), by adding at the end the following: Treatment prohibited under section 1076g of this title with respect to members of the armed forces and dependents of such members. In section 1079(a)(20), by striking that could result in sterilization. 1076g.TRICARE program: prohibition on coverage and furnishment gender-related medical treatment
(a)ProhibitionExcept as provided by subsection (b), medical care under section 1076 of this title with respect to members of the armed forces and dependents of such members does not include gender-related medical treatment, and the Secretary of Defense may not furnish any such treatment. (b)ExceptionsThe prohibition in subsection (a) shall not apply to medical treatment provided for purposes of treating—
(1)a disorder of sex development, diagnosed by a physician after such physician has determined through genetic or biochemical testing that such minor does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (2)irresolvably ambiguous biological sex characteristics of such minor, including the presence of—
(A)46 XX chromosomes with virilization; (B)46 XY chromosomes with undervirilization; or
(C)both ovarian and testicular tissue; or (3)an infection, injury, disease, or disorder caused or exacerbated by gender-related medical treatment.
(c)DefinitionsIn this section: (1)The term female means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.
(2)The term gender— (A)means—
(i)males, females, or the natural differences between males and females, unless such term is otherwise specified or used alone (rather than with or as an adjective modifying other words); and (ii)is a synonym for sex; and
(B)does not mean gender identity, experienced gender, gender expression, or gender roles. (3)The term gender-related medical treatment means—
(A)with respect to a female individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not female, including— (i)surgical procedures, including—
(I)vaginectomy; (II)hysterectomy;
(III)oophorectomy; (IV)reconstruction of the urethra;
(V)metoidioplasty; (VI)phalloplasty;
(VII)salpingo-oophorectomy; (VIII)scrotoplasty;
(IX)implantation of erection or testicular protheses; (X)subcutaneous mastectomy;
(XI)vocal cord surgery; (XII)pectoral implants; and
(XIII)penile transplantation; (ii)exogenous doses of testosterone or other androgens; and
(iii)puberty blockers, including— (I)GnRH agonists; and
(II)synthetic drugs that suppress the production of estrogen and progesterone or delay or suppress pubertal development in female individuals; and (B)with respect to a male individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not male, including—
(i)surgical procedures, including— (I)penectomy;
(II)orchiectomy; (III)vaginoplasty;
(IV)clitoroplasty; (V)vulvoplasty;
(VI)augmentation mammoplasty; (VII)facial feminization surgery;
(VIII)vocal cord surgery; (IX)chondrolaryngoplasty;
(X)gluteal augmentation; and (XI)uterine transplantation;
(ii)exogenous doses of estrogen; and (iii)puberty blockers, including—
(I)GnRH agonists; and (II)synthetic drugs that suppress the production of testosterone or delay or suppress pubertal development in male individuals.
(4)The term male means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. (5)The term sex means the biological determination as to whether an individual is male or female.
(d)Rule of constructionNothing in this section may be construed to entitle an individual to medical care under this chapter for which they are not otherwise entitled to under this chapter.. (4)Treatment prohibited under section 1076g of this title with respect to members of the armed forces and dependents of such members..
Section 319
1076g. TRICARE program: prohibition on coverage and furnishment gender-related medical treatment Except as provided by subsection (b), medical care under section 1076 of this title with respect to members of the armed forces and dependents of such members does not include gender-related medical treatment, and the Secretary of Defense may not furnish any such treatment. The prohibition in subsection (a) shall not apply to medical treatment provided for purposes of treating— a disorder of sex development, diagnosed by a physician after such physician has determined through genetic or biochemical testing that such minor does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; irresolvably ambiguous biological sex characteristics of such minor, including the presence of— 46 XX chromosomes with virilization; 46 XY chromosomes with undervirilization; or both ovarian and testicular tissue; or an infection, injury, disease, or disorder caused or exacerbated by gender-related medical treatment. In this section: The term female means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. The term gender— means— males, females, or the natural differences between males and females, unless such term is otherwise specified or used alone (rather than with or as an adjective modifying other words); and is a synonym for sex; and does not mean gender identity, experienced gender, gender expression, or gender roles. The term gender-related medical treatment means— with respect to a female individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not female, including— surgical procedures, including— vaginectomy; hysterectomy; oophorectomy; reconstruction of the urethra; metoidioplasty; phalloplasty; salpingo-oophorectomy; scrotoplasty; implantation of erection or testicular protheses; subcutaneous mastectomy; vocal cord surgery; pectoral implants; and penile transplantation; exogenous doses of testosterone or other androgens; and puberty blockers, including— GnRH agonists; and synthetic drugs that suppress the production of estrogen and progesterone or delay or suppress pubertal development in female individuals; and with respect to a male individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not male, including— surgical procedures, including— penectomy; orchiectomy; vaginoplasty; clitoroplasty; vulvoplasty; augmentation mammoplasty; facial feminization surgery; vocal cord surgery; chondrolaryngoplasty; gluteal augmentation; and uterine transplantation; exogenous doses of estrogen; and puberty blockers, including— GnRH agonists; and synthetic drugs that suppress the production of testosterone or delay or suppress pubertal development in male individuals. The term male means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. The term sex means the biological determination as to whether an individual is male or female. Nothing in this section may be construed to entitle an individual to medical care under this chapter for which they are not otherwise entitled to under this chapter.
Section 320
721. Military-civilian medical surge program Section 1096 of title 10, United States Code, is amended— in the section heading, by adding at the end the following: ; medical surge program; and by adding at the end the following new subsection: The Secretary shall carry out a program of record known as the Military-Civilian Medical Surge Program to— support locations that the Secretary selects under paragraph (3); and enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System in response to a declaration or other action described in subparagraphs (A) through (E) of paragraph (4). The Secretary, acting through the National Center for Disaster Medicine and Public Health at the Uniformed Services University of the Health Sciences (or such successor center), shall oversee the operation, staffing, and deployment of the Program. In carrying out the Program, the Secretary shall maintain requirements for staffing, specialized training, research, and education, regarding patient regulation, movement, definitive care, and other matters the Secretary determines critical to sustaining the health of members of the armed forces. In carrying out the Program, the Secretary shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary determines— are critical in mobilizing a civilian medical response in support of a wartime contingency or other catastrophic event in the United States; and have demonstrated technical proficiency in critical national security domains, including high-consequence infectious disease and special pathogen preparedness, and matters relating to defense, containment, management, care, and transportation. The Secretary shall select not fewer than eight locations that are operationally relevant to the missions of the Department of Defense under the National Disaster Medical System and are aeromedical or other transport hubs or logistics centers in the United States for partnerships under subparagraph (A). The Secretary may select more than eight locations, including locations outside of the continental United States, if the Secretary determines such additional locations cover areas of strategic and operational relevance to the Defense Department. The Secretary shall ensure that the partnerships under paragraph (3)(A) allow for civilian medical personnel to quickly and effectively mobilize direct support to military medical treatment facilities and provide support to other requirements of the military health system pursuant to the following: A declaration of a national emergency under the National Emergencies Act (50 U.S.C. 1621 et seq.). A public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d). A declaration of war by Congress. The President’s exercise of executive powers under the War Powers Resolution (50 U.S.C. 1541 et seq.). Any other emergency or major disaster as declared by the President. The Secretary of Defense shall carry out the Program in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency. Each official specified in subparagraph (A) shall prescribe regulations necessary to carry out the Program. Not later than December 31, 2026, the officials specified in subparagraph (A) shall jointly issue an interagency operations plan for the Program. Nothing in this subsection shall be construed to authorize the Secretary of Defense to control, direct, limit, or otherwise affect the authorities of the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency with respect to medical preparedness and response, staffing levels, or resource allocation. Beginning July 1, 2026, and annually thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency, shall submit to the appropriate congressional committees a report on the status, readiness, and operational capabilities of the Program. Each report shall include an assessment of personnel readiness, resource availability, interagency coordination efforts, and recommendations for continued improvements to the Program. In this subsection: The term appropriate congressional committees means the following: The Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Veterans' Affairs, and the Committee on Energy and Commerce of the House of Representatives. The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Veterans' Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate. The term institution of higher education means a four-year institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). The term National Disaster Medical System means the system established under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11). The term Program means the Military-Civilian Medical Surge Program established under paragraph (1). Of the amounts authorized to be appropriated by section 1405, as specified in the funding table in section 4501, there is authorized to be appropriated to the Secretary of Defense $20,000,000 for fiscal year 2026 to carry out subsection (e) of section 1097 of title 10, United States Code, as added by subsection (a). (e)Medical surge program
(1)The Secretary shall carry out a program of record known as the Military-Civilian Medical Surge Program to— (A)support locations that the Secretary selects under paragraph (3); and
(B)enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System in response to a declaration or other action described in subparagraphs (A) through (E) of paragraph (4). (2) (A)The Secretary, acting through the National Center for Disaster Medicine and Public Health at the Uniformed Services University of the Health Sciences (or such successor center), shall oversee the operation, staffing, and deployment of the Program.
(B)In carrying out the Program, the Secretary shall maintain requirements for staffing, specialized training, research, and education, regarding patient regulation, movement, definitive care, and other matters the Secretary determines critical to sustaining the health of members of the armed forces. (3) (A)In carrying out the Program, the Secretary shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary determines—
(i)are critical in mobilizing a civilian medical response in support of a wartime contingency or other catastrophic event in the United States; and (ii)have demonstrated technical proficiency in critical national security domains, including high-consequence infectious disease and special pathogen preparedness, and matters relating to defense, containment, management, care, and transportation.
(B)The Secretary shall select not fewer than eight locations that are operationally relevant to the missions of the Department of Defense under the National Disaster Medical System and are aeromedical or other transport hubs or logistics centers in the United States for partnerships under subparagraph (A). The Secretary may select more than eight locations, including locations outside of the continental United States, if the Secretary determines such additional locations cover areas of strategic and operational relevance to the Defense Department. (4)The Secretary shall ensure that the partnerships under paragraph (3)(A) allow for civilian medical personnel to quickly and effectively mobilize direct support to military medical treatment facilities and provide support to other requirements of the military health system pursuant to the following:
(A)A declaration of a national emergency under the National Emergencies Act (50 U.S.C. 1621 et seq.). (B)A public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).
(C)A declaration of war by Congress. (D)The President’s exercise of executive powers under the War Powers Resolution (50 U.S.C. 1541 et seq.).
(E)Any other emergency or major disaster as declared by the President. (5) (A)The Secretary of Defense shall carry out the Program in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency.
(B)Each official specified in subparagraph (A) shall prescribe regulations necessary to carry out the Program. (C)Not later than December 31, 2026, the officials specified in subparagraph (A) shall jointly issue an interagency operations plan for the Program.
(D)Nothing in this subsection shall be construed to authorize the Secretary of Defense to control, direct, limit, or otherwise affect the authorities of the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency with respect to medical preparedness and response, staffing levels, or resource allocation. (6)Beginning July 1, 2026, and annually thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency, shall submit to the appropriate congressional committees a report on the status, readiness, and operational capabilities of the Program. Each report shall include an assessment of personnel readiness, resource availability, interagency coordination efforts, and recommendations for continued improvements to the Program.
(7)In this subsection: (A)The term appropriate congressional committees means the following:
(i)The Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Veterans' Affairs, and the Committee on Energy and Commerce of the House of Representatives. (ii)The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Veterans' Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate.
(B)The term institution of higher education means a four-year institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). (C)The term National Disaster Medical System means the system established under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11).
(D)The term Program means the Military-Civilian Medical Surge Program established under paragraph (1)..
Section 321
722. Reimbursement for travel expenses relating to specialty care for certain members of the Armed Forces and dependents Section 1074i of title 10, United States Code, is amended— in subsection (a), by striking In any case and inserting Except as provided by subsection (b), in any case; and in subsection (b)— by striking the heading and inserting Special rules for certain members and dependents.—; by striking The Secretary of Defense and inserting (1) The Secretary of Defense; and by inserting after paragraph (1), as designated by subparagraph (B) of this paragraph, the following new paragraph: With respect to members of the armed forces on active duty and their dependents, the Secretary shall administer subsection (a) by substituting 50 miles for 100 miles. (2)With respect to members of the armed forces on active duty and their dependents, the Secretary shall administer subsection (a) by substituting 50 miles for 100 miles..
Section 322
723. Payment adjustments for outpatient services for certain children's hospitals Section 1079(i) of title 10, United States Code, is amended— by redesignating paragraph (4) as paragraph (5); and by inserting after paragraph (3) the following new paragraph (4): In addition to amounts paid under paragraph (2), the Secretary shall pay an annual payment adjustment to a children’s hospital for outpatient services if the Secretary determines that, with respect to the year covered by the payment adjustment, the hospital meets one or more of the following criteria: 10 percent or more of the revenue of the hospital comes from services provided to covered individuals under the TRICARE program. The hospital received not fewer than 10,000 visits by covered individuals that were paid under paragraph (2). The hospital has been determined by the Secretary to be essential for operations of the TRICARE program. The amount of the annual payment adjustment paid to a children’s hospital under subparagraph (A) shall be the amount that is 30 percent of payments made under the Outpatient Prospective Payment System (or successor system) to the children’s hospital under paragraph (2) during the year covered by the annual payment adjustment for outpatient services provided to covered individuals. In this paragraph: The term children’s hospital means a provider of services provided under a plan covered by this section that is a children’s hospital. The term covered individual means a member of the armed forces serving on active duty or a dependent of such a member. The Secretary of Defense shall— develop a payment methodology to determine the amounts required to be paid under paragraph (4) of section 1079(i) of title 10, United States Code, as added by subsection (a); and prescribe joint regulations to carry out such payments that are separate from the regulations concerning outpatient prospective payments pursuant to paragraph (2) of such section. (4)
(A)In addition to amounts paid under paragraph (2), the Secretary shall pay an annual payment adjustment to a children’s hospital for outpatient services if the Secretary determines that, with respect to the year covered by the payment adjustment, the hospital meets one or more of the following criteria: (i)10 percent or more of the revenue of the hospital comes from services provided to covered individuals under the TRICARE program.
(ii)The hospital received not fewer than 10,000 visits by covered individuals that were paid under paragraph (2). (iii)The hospital has been determined by the Secretary to be essential for operations of the TRICARE program.
(B)The amount of the annual payment adjustment paid to a children’s hospital under subparagraph (A) shall be the amount that is 30 percent of payments made under the Outpatient Prospective Payment System (or successor system) to the children’s hospital under paragraph (2) during the year covered by the annual payment adjustment for outpatient services provided to covered individuals. (C)In this paragraph:
(i)The term children’s hospital means a provider of services provided under a plan covered by this section that is a children’s hospital. (ii)The term covered individual means a member of the armed forces serving on active duty or a dependent of such a member..
Section 323
724. Verification of licensure of health-care professionals of the military departments Subsection (b) of section 1094 of title 10, United States Code, is amended to read as follows: The Secretary of Defense shall ensure that each individual who provides health care independently as a health-care professional at a health care facility of the Department of Defense meets the requirement of subsection (a). In carrying out paragraph (1), the Secretary shall establish a centralized credential system that allows the commanding officer of a health care facility of the Department to verify the licensure of a health-care professional, regardless of the location of the facility or the armed force in which the health-care professional serves. The Secretary shall ensure that not less than 90 percent of such verifications are completed within seven days of the date on which the commanding officer requests such verification if the request does not relate to a health-care professional with an adverse record. (b)
(1)The Secretary of Defense shall ensure that each individual who provides health care independently as a health-care professional at a health care facility of the Department of Defense meets the requirement of subsection (a). (2)In carrying out paragraph (1), the Secretary shall establish a centralized credential system that allows the commanding officer of a health care facility of the Department to verify the licensure of a health-care professional, regardless of the location of the facility or the armed force in which the health-care professional serves. The Secretary shall ensure that not less than 90 percent of such verifications are completed within seven days of the date on which the commanding officer requests such verification if the request does not relate to a health-care professional with an adverse record..
Section 324
725. Expansion of health care license portability for members of the National Guard performing training or duty Section 1094(d)(3)(B) of title 10, United States Code, is amended by striking under section 502(f) of title 32 in response to an actual or potential disaster and inserting under title 32.
Section 325
726. Licensure requirement for health-care professionals of partner countries Section 1094(e) of title 10, United States Code, is amended— in paragraph (1)(A), by striking ; and and inserting , or the official agency of the government of a partner country; and; and by inserting at the end the following: The term partner country means any of the following: Australia. Canada. New Zealand. United Kingdom. Any other country designated as a partner country by the Secretary of Defense for the purposes of this section. (3)The term partner country means any of the following: (A)Australia.
(B)Canada. (C)New Zealand.
(D)United Kingdom. (E)Any other country designated as a partner country by the Secretary of Defense for the purposes of this section..
Section 326
727. Modification of limitation on reduction of military medical manning end strength Section 741 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2395; 10 U.S.C. 129c note) is amended— in subsection (a), by striking five-year period both places it appears and inserting 10-year period; and in subsection (c)— in paragraph (2), by striking Not later than two years after the date of the enactment of this Act, and inserting During each of 2024 and 2029,; and in paragraphs (3) and (4), by striking three years after the date of the enactment of this Act, both places it appears and inserting December 31, 2030,.
Section 327
728. Prohibition on painful research on domestic cats and dogs Except as provided by subsection (b) or (c), the Secretary of Defense may not conduct, or support the conduct of, painful research on a domestic cat (Felis catus) or a domestic dog (Canis familiaris). The prohibition in subsection (a) shall not apply with respect to any physical exam, training program, or study relating to service animals or military animals. The Secretary of Defense may waive the prohibition in subsection (a) on a case-by-case basis if the Secretary— determines that the waiver is in the national security interests of the United States; and not later than 30 days after the date on which the Secretary makes the waiver, submits to the congressional defense committees a detailed justification for the waiver, including— an identification of the Department of Defense account from which funds would be obligated or expended to conduct, or support the conduct of, the proposed research covered by the waiver; an identification of the amount of such funds; an identification of the intended purpose of such funds; an identification of the recipient or prospective recipient of such funds (including any nongovernmental recipient, as applicable); an explanation for how the waiver is in the national security interests of the United States; and any other information the Secretary determines appropriate. In this section: The term military animal has the meaning given the term in section 2583(i)(1) of title 10, United States Code. The term painful research includes any research, biomedical training, experimentation, or biological testing, classified in pain category D or E by the Department of Agriculture. The term service animal has the meaning given the term in section 37.3 of title 49, Code of Federal Regulations, or such successor regulation.
Section 328
729. Pilot program to test standalone technology to improve efficiencies in supply-chain management, medical readiness, and medical processes Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall carry out a pilot program to test and evaluate existing standalone technologies to assess whether such technologies accomplish the following: Improving efficiencies in medical supply-chain management and in military medical readiness. Streamlining medical processes. Improving recordation accuracy. Reducing rates of needlestick injury. Enhancing retention rates of military health care providers. The Secretary shall carry out the pilot program for a five-year period.
Section 329
730. Availability of sexual assault nurse examiner services at military medical treatment facilities Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that each military medical treatment facility maintains, at all times, the continuous availability of at least one qualified sexual assault nurse examiner to provide forensic medical examinations and related care to sexual assault survivors. The Secretary may satisfy the requirement in subsection (a) with respect to a military medical treatment facility if the Secretary enters into a contract or other agreement with a private provider under which the provider ensures the continuous availability of a qualified sexual assault nurse examiner to provide services at that facility. In entering into such a contract or other agreement, the Secretary shall ensure the following: A qualified sexual assault nurse examiner is on call 24 hours per day and will arrive at the facility not later than two hours after being called. The qualified sexual assault nurse examiners are located— not more than 25 miles by road from the facility; or within a 30-minute emergency response travel time under normal conditions from the facility. The qualified sexual assault nurse examiners meet or exceed all credentialing, training, and certification standards that the Secretary would otherwise apply to a sexual assault nurse examiner employed directly by the Department of Defense. Not later than one year after the date of the enactment of this Act, the Secretary shall— issue updated policy guidance of the Department implementing the requirements of subsections (a) and (b), including standard language for contracts or other agreements under subsection (b); and submit to the Committees on Armed Services of the House of Representatives and the Senate a report detailing— the status of sexual assault nurse examiner staffing at each military medical treatment facility; any contracts or other agreements entered into under subsection (b), including the names and locations of providers; the average response times for sexual assault nurse examiners and any gaps in coverage experienced during the one-year period preceding the report; and plans to address any identified shortfalls in service availability. In this section: The term military medical treatment facility has the meaning given that term in section 1073c of title 10, United States Code. The term sexual assault nurse examiner means a registered nurse who has received specialized training and certification in the forensic examination of sexual assault survivors and the collection of forensic evidence, in accordance with standards established by the International Association of Forensic Nurses or an equivalent certifying body.
Section 330
731. Uniform protocols on screening for unwanted sexual behavior Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Health Agency, in coordination with the Assistant Secretary of Defense for Health Affairs and the Under Secretary of Defense for Personnel and Readiness, shall develop comprehensive written guidance establishing uniform protocols for providing a screening for unwanted sexual behavior to patients at military medical treatment facilities. Not later than one year after the date on which the Director issues the guidance under subsection (a), the Director shall submit to the congressional defense committees a report containing the following: An assessment of the extent to which each military medical treatment facility has implemented the guidance. Aggregate, de-identified data on screening rates, positive-screen rates, and referral follow-through. Any planned revisions to the guidance. In this section, the term screening for unwanted sexual behavior means the use of standardized, evidence-based questions or instruments to detect whether an individual has been subject to any sexual contact or interaction to which the individual did not or could not freely consent, including harassment, coercion, assault, or abuse.
Section 331
732. Access to sexual assault forensic examinations for civilian employees and contractors Section 1725(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1561 note) is amended— in paragraph (2)— by inserting (or other individual covered under paragraph (3)) after patient of the facility; and by inserting (or other such individual’s need) after patient’s need; and by adding at the end the following: In addition to furnishing sexual assault forensic examinations to patients of military medical treatment facilities, the Secretary of Defense shall ensure that civilian employees and contractors of the Department of Defense are furnished sexual assault forensic examinations at military medical treatment facilities (including such facilities located outside the United States) following an allegation of sexual assault, regardless of whether the employee or contractor is otherwise eligible for health care under chapter 55 of title 10, United States Code. (3)Access to Sexual Assault Forensic ExaminersIn addition to furnishing sexual assault forensic examinations to patients of military medical treatment facilities, the Secretary of Defense shall ensure that civilian employees and contractors of the Department of Defense are furnished sexual assault forensic examinations at military medical treatment facilities (including such facilities located outside the United States) following an allegation of sexual assault, regardless of whether the employee or contractor is otherwise eligible for health care under chapter 55 of title 10, United States Code..
Section 332
733. Mandatory training on health effects of perfluoroalkyl or polyfluoroalkyl substances The Secretary of Defense shall provide to each health care provider of the Department of Defense mandatory training regarding the potential health effects of perfluoroalkyl or polyfluoroalkyl substances.
Section 333
734. Requirements relating to wellness checks for health and welfare of certain members of the Armed Forces The Secretary of Defense shall issue such regulations, policies, and procedures as may be necessary to require that, whenever appropriate following a member of the Armed Forces sustaining any significant injury or illness or being on sick call, a wellness check is conducted to account for the health and welfare of such member. In conducting a wellness check for a member of the Armed Forces pursuant to paragraph (1), if the member does not respond to such check conducted via an electronic or telephone communication method, the individual conducting the check shall progress to an in-person method of contact. If, as a result of a wellness check conducted pursuant to paragraph (1) for a member of the Armed Forces, the individual conducting such check is unable to locate such member, the individual shall refer to the applicable regulations, policies, and procedures of the Department of Defense regarding the determination and reporting of such member as missing, absent unknown, absent without leave, or duty status-whereabouts unknown. In carrying out subsection (a), the Secretary of Defense shall ensure that each unit commander coordinates with the judge advocates assigned or attached to, or performing duty with, the unit under the command of such commander for assistance in the implementation of any regulation, policy, or procedure required under subsection (a) with respect to such unit. On a routine basis, each unit commander shall— review the requirements contained in the document titled Commander's Critical Information Requirements, dated January 2020, or such successor document, to ensure such requirements— have been issued or updated during the three-year period preceding any such review; reflect such medical issues or safety incidents of members of the Armed Forces that the commander deems sufficiently significant; and have been distributed to the unit under the command of such commander; and host confidential wellness meetings with subordinate commanders at which such commanders may discuss with one or more medical officers assigned to such unit any significant injuries or illnesses affecting members of the Armed Forces serving in or with such unit. Each Secretary concerned, and the Secretary of Defense with respect to civilian personnel of the Department of Defense, shall develop and implement training courses to ensure each member of an Armed Force under the jurisdiction of that Secretary (or each civilian employee of the Department of Defense, respectively) is aware of the importance of accountability with respect to health and welfare and of the significant negative outcomes that may occur when accountability procedures fail. Such courses shall be offered at leadership and supervisor trainings and shall include content relating to the conduct of wellness checks in accordance with subsection (a) and other related actions. In this section, the term Secretary concerned has the meaning given such term in section 101(a) of title 10, United States Code.
Section 334
735. Extension of notice and wait period for proposed restructuring, realignment, or modification to military medical treatment facilities Section 703(d)(4)(C) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2199), as amended by section 718 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3696), is further amended by striking 180-day and inserting one-year.
Section 335
736. Annual publication of information relating to the treatment of civilians in military medical treatment facilities Section 1079b of title 10, United States Code, is amended— by redesignating subsection (e) as subsection (f); and by inserting after subsection (d) the following new subsection: On an annual basis, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate, and make publicly available on the internet website of the Department of Defense, the following information with respect to the year covered by the report: The total amount of fees owed by civilians for medical care described in subsection (a), disaggregated by military medical treatment facility. The number of civilians who received such medical care, disaggregated by military medical treatment facility. The number of civilians who received a waiver under subsection (b), and the average amount of fees waived, disaggregated by military medical treatment facility. The number of civilians who received a reduction of fees under subsection (c), and the average amount of fees remaining after such reductions, disaggregated by military medical treatment facility. (d)Annual publication of informationOn an annual basis, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate, and make publicly available on the internet website of the Department of Defense, the following information with respect to the year covered by the report:
(1)The total amount of fees owed by civilians for medical care described in subsection (a), disaggregated by military medical treatment facility. (2)The number of civilians who received such medical care, disaggregated by military medical treatment facility.
(3)The number of civilians who received a waiver under subsection (b), and the average amount of fees waived, disaggregated by military medical treatment facility. (4)The number of civilians who received a reduction of fees under subsection (c), and the average amount of fees remaining after such reductions, disaggregated by military medical treatment facility..
Section 336
737. Availability of Defense Health Program and other funds for certain medical countermeasures Chapter 55 of title 10, United States Code, is amended by inserting after section 1100 the following new section: Subject to the availability of appropriations for such purpose, amounts available under the Defense Health Program account established under section 1100, and amounts available under the Operation and Maintenance, Army account for medical readiness, may be obligated or expended by the Director of the Defense Health Agency to conduct the activities described in subsection (b) for the protection and sustainment of deployed forces across the roles of medical care. The activities described in this subsection are the following: The procurement or pre-positioning of a medical countermeasure for forward deployment. The forward deployment of a medical countermeasure. Any associated logistics, storage, or sustainment activity necessary to ensure the availability or readiness of a forward-deployed medical countermeasure. The Director of the Defense Health Agency shall coordinate with the Secretaries of the military departments and the commanders of the combatant commands with respect to any obligation or expenditure of funds under subsection (a). In this section: The term medical countermeasure includes— a vaccine, therapeutic, prophylactic, or diagnostic; and an advanced wound care product, including antimicrobial and barrier-protective dressings such as silver-plated bandages. The term roles of medical care has the meaning given such term in the publication of the Chairman of the Joint Chiefs of Staff titled Joint Publication 4-02: Joint Health Service, dated December 11, 2017, or such successor publication. Not later than 120 days after the date of the enactment of this Act, and annually thereafter for three years, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing— the categories of medical countermeasures procured and forward-deployed using funds authorized to be obligated or expended under section 1100 of title 10, United States Code, as added by subsection (a); the locations supported by any such use of funds; and any gaps or shortfalls identified in connection with the provision of such medical countermeasures to deployed forces. 1100a.Availability of Defense Health Program and other funds for certain medical countermeasures (a)AuthoritySubject to the availability of appropriations for such purpose, amounts available under the Defense Health Program account established under section 1100, and amounts available under the Operation and Maintenance, Army account for medical readiness, may be obligated or expended by the Director of the Defense Health Agency to conduct the activities described in subsection (b) for the protection and sustainment of deployed forces across the roles of medical care.
(b)Activities describedThe activities described in this subsection are the following: (1)The procurement or pre-positioning of a medical countermeasure for forward deployment.
(2)The forward deployment of a medical countermeasure. (3)Any associated logistics, storage, or sustainment activity necessary to ensure the availability or readiness of a forward-deployed medical countermeasure.
(c)CoordinationThe Director of the Defense Health Agency shall coordinate with the Secretaries of the military departments and the commanders of the combatant commands with respect to any obligation or expenditure of funds under subsection (a). (d)DefinitionsIn this section:
(1)The term medical countermeasure includes— (A)a vaccine, therapeutic, prophylactic, or diagnostic; and
(B)an advanced wound care product, including antimicrobial and barrier-protective dressings such as silver-plated bandages. (2)The term roles of medical care has the meaning given such term in the publication of the Chairman of the Joint Chiefs of Staff titled Joint Publication 4-02: Joint Health Service, dated December 11, 2017, or such successor publication. .
Section 337
1100a. Availability of Defense Health Program and other funds for certain medical countermeasures Subject to the availability of appropriations for such purpose, amounts available under the Defense Health Program account established under section 1100, and amounts available under the Operation and Maintenance, Army account for medical readiness, may be obligated or expended by the Director of the Defense Health Agency to conduct the activities described in subsection (b) for the protection and sustainment of deployed forces across the roles of medical care. The activities described in this subsection are the following: The procurement or pre-positioning of a medical countermeasure for forward deployment. The forward deployment of a medical countermeasure. Any associated logistics, storage, or sustainment activity necessary to ensure the availability or readiness of a forward-deployed medical countermeasure. The Director of the Defense Health Agency shall coordinate with the Secretaries of the military departments and the commanders of the combatant commands with respect to any obligation or expenditure of funds under subsection (a). In this section: The term medical countermeasure includes— a vaccine, therapeutic, prophylactic, or diagnostic; and an advanced wound care product, including antimicrobial and barrier-protective dressings such as silver-plated bandages. The term roles of medical care has the meaning given such term in the publication of the Chairman of the Joint Chiefs of Staff titled Joint Publication 4-02: Joint Health Service, dated December 11, 2017, or such successor publication.
Section 338
741. Military medical cooperation arrangements among Five Eyes countries Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense may enter into a bilateral or multilateral memorandum of understanding or other formal agreement with one or more governments of the Five Eyes countries to support military medical cooperation or improve operational medical interoperability. In this section: The term Five Eyes countries means the following: Australia. Canada. New Zealand. The United Kingdom. The term military medical cooperation means any of the following: Information exchange. Medical interoperability, including credentialing of health care personnel. Medical education, training, exercises, and evaluation. Medical research, development, trials, and evaluation. Biodefense, including with respect to prevention, preparation, response, and investigation. Medical logistics, including the recognition of MedCM, drugs and medical equipment. Patient movement. Any other areas for cooperation designated by the Secretary of Defense. The term military medicine means any of the following: Combat casualty care including trauma, Military infectious disease. Chemical, biological, radiological, and nuclear medical support. Deployed health care delivery. Public health, health readiness, and force health protection. Mental health. Humanitarian response. Anomalous health incidents. Mass casualty management. Any other areas of military medicine designated by the Secretary of Defense. 2350t.Military medical cooperation arrangements among Five Eyes countries (a)AuthorityThe Secretary of Defense may enter into a bilateral or multilateral memorandum of understanding or other formal agreement with one or more governments of the Five Eyes countries to support military medical cooperation or improve operational medical interoperability.
(b)DefinitionsIn this section: (1)The term Five Eyes countries means the following:
(A)Australia. (B)Canada.
(C)New Zealand. (D)The United Kingdom.
(2)The term military medical cooperation means any of the following: (A)Information exchange.
(B)Medical interoperability, including credentialing of health care personnel. (C)Medical education, training, exercises, and evaluation.
(D)Medical research, development, trials, and evaluation. (E)Biodefense, including with respect to prevention, preparation, response, and investigation.
(F)Medical logistics, including the recognition of MedCM, drugs and medical equipment. (G)Patient movement.
(H)Any other areas for cooperation designated by the Secretary of Defense. (3)The term military medicine means any of the following:
(A)Combat casualty care including trauma, (B)Military infectious disease.
(C)Chemical, biological, radiological, and nuclear medical support. (D)Deployed health care delivery.
(E)Public health, health readiness, and force health protection. (F)Mental health.
(G)Humanitarian response. (H)Anomalous health incidents.
(I)Mass casualty management. (J)Any other areas of military medicine designated by the Secretary of Defense..
Section 339
2350t. Military medical cooperation arrangements among Five Eyes countries The Secretary of Defense may enter into a bilateral or multilateral memorandum of understanding or other formal agreement with one or more governments of the Five Eyes countries to support military medical cooperation or improve operational medical interoperability. In this section: The term Five Eyes countries means the following: Australia. Canada. New Zealand. The United Kingdom. The term military medical cooperation means any of the following: Information exchange. Medical interoperability, including credentialing of health care personnel. Medical education, training, exercises, and evaluation. Medical research, development, trials, and evaluation. Biodefense, including with respect to prevention, preparation, response, and investigation. Medical logistics, including the recognition of MedCM, drugs and medical equipment. Patient movement. Any other areas for cooperation designated by the Secretary of Defense. The term military medicine means any of the following: Combat casualty care including trauma, Military infectious disease. Chemical, biological, radiological, and nuclear medical support. Deployed health care delivery. Public health, health readiness, and force health protection. Mental health. Humanitarian response. Anomalous health incidents. Mass casualty management. Any other areas of military medicine designated by the Secretary of Defense.
Section 340
742. Strategy for treating traumatic brain injuries through digital health technologies Section 735 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— by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and by inserting after subsection (d) the following new subsection: As part of the Initiative, the Secretary shall establish a working group to develop a strategy for treating traumatic brain injuries through digital health technologies. The working group shall be composed of members of the Armed Forces, civilian employees of the Department of Defense, and individuals not employed by the Federal Government, who have expertise in traumatic brain injury clinical care, biomedical informatics, engineering, or implementation science. The strategy developed under paragraph (1) shall include the following: Identification of capability gaps in the treatment of traumatic brain injuries that could be addressed through artificial intelligence and digital health technologies. An analysis of existing research, development, and acquisition efforts leveraging artificial intelligence-based capabilities and digital health technologies, including any applicable commercial off-the-shelf solutions being used by the Secretary to support the treatment of traumatic brain injuries. Recommendations with respect to advances required to— address gaps identified under subparagraph (A); and significantly improve the treatment of traumatic brain injuries using artificial intelligence and digital health technologies. A recommended investment plan to advance technology and knowledge readiness levels to field digital health technologies to treat traumatic brain injuries. Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the strategy developed under paragraph (1). (e)Digital health technologies (1)Working groupAs part of the Initiative, the Secretary shall establish a working group to develop a strategy for treating traumatic brain injuries through digital health technologies.
(2)MembershipThe working group shall be composed of members of the Armed Forces, civilian employees of the Department of Defense, and individuals not employed by the Federal Government, who have expertise in traumatic brain injury clinical care, biomedical informatics, engineering, or implementation science. (3)ElementsThe strategy developed under paragraph (1) shall include the following:
(A)Identification of capability gaps in the treatment of traumatic brain injuries that could be addressed through artificial intelligence and digital health technologies. (B)An analysis of existing research, development, and acquisition efforts leveraging artificial intelligence-based capabilities and digital health technologies, including any applicable commercial off-the-shelf solutions being used by the Secretary to support the treatment of traumatic brain injuries.
(C)Recommendations with respect to advances required to— (i)address gaps identified under subparagraph (A); and
(ii)significantly improve the treatment of traumatic brain injuries using artificial intelligence and digital health technologies. (D)A recommended investment plan to advance technology and knowledge readiness levels to field digital health technologies to treat traumatic brain injuries.
(4)BriefingNot later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the strategy developed under paragraph (1)..
Section 341
743. Report on traumatic brain injuries among certain pilots serving on active duty 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 that contains a study determining whether, and to what extent, members of the Armed Forces serving on active duty as pilots suffer from traumatic brain injury resulting from the cumulative effects of high-speed maneuvers, catapult launches, and other repetitive actions potentially harmful to brain health as a result of such service. The report under subsection (a) shall include the following: The results of the study under subsection (a). A summary of existing policies and procedures of the Department of Defense, as of the date of the report, for identifying, documenting, and treating mild, moderate, and severe traumatic brain injury among pilots. A strategy to better identify, document, and treat mild, moderate, and severe traumatic brain injury among pilots. Recommendations of the Secretary with respect to potential regulatory and legislative actions to address challenges in identifying, documenting, and treating mild, moderate, and severe traumatic brain injury among pilots.
Section 342
744. Study on prevalence and mortality of cancer among military rotary-wing pilots and aviation support personnel The Director of the Defense Health Agency, in coordination with the Directors of the National Institutes of Health and the National Cancer Institute, shall conduct a study among covered individuals in two phases as provided by this section. Under the initial phase of the study under subsection (a), the Director of the Defense Health Agency shall determine, for each cancer specified in paragraph (2), whether there is an increased prevalence of, or increased rate of mortality caused by, such cancer for covered individuals as compared to similarly aged individuals in the general population (or, in the case of the cancer specified in paragraph (2)(B), for female covered individuals as compared to similarly aged women in the general population). The cancers specified in this paragraph are the following: Brain cancer. Breast cancer. Colon and rectal cancer. Kidney cancer. Lung cancer. Melanoma. Non-Hodgkin’s lymphoma. Ovarian cancer. Pancreatic cancer. Prostate cancer. Testicular cancer. Urinary bladder cancer. Cervical cancer. Not later than one year after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the appropriate congressional committees a report on the findings of the phase of the study under this subsection. If, pursuant to the phase of the study under subsection (b), the Director of the Defense Health Agency determines there is an increased prevalence of, or increased mortality rate caused by, any cancer specified in subsection (b)(2) among covered individuals (or, with respect to the cancer specified in subsection (b)(2)(B), among female covered individuals), the Director shall conduct a second phase of the study to— identify any carcinogenic toxin or other hazardous material associated with the operation of military rotary-wing aircraft, such as fumes, fuels, or other liquids; identify any operating environment, including frequencies or electromagnetic fields, in which covered individuals may have received excess exposure to non-ionizing radiation in the course of such operation, including non-ionizing radiation associated with airborne, ground, or shipboard radars; and identify potential exposures as a result of military service by covered individuals to carcinogenic toxins or other hazardous materials not associated with the operation of military rotary-wing aircraft (such as exposure to burn pits, toxins in contaminated water, or toxins embedded in soils), including by determining— the locations of such service; and any duties of covered individuals unrelated to such operation and associated with an increased prevalence of, or increased mortality rate caused by, cancer. If the Director of the Defense Health Agency conducts the phase of the study under this subsection, not later than one year after the date on which the Director submits the report under subsection (b)(3), the Director shall submit to the appropriate congressional committees a report on the findings of such phase. The Director of the Defense Health Agency shall format any data resulting from the phase of the study under this subsection consistent with the formatting of data under the Surveillance, Epidemiology, and End Results program, including by disaggregating such data by race, gender, and age. In conducting the study under this section, the Director of the Defense Health Agency shall use data from— the database of the Surveillance, Epidemiology, and End Results program; the study conducted under section 750 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3716); and any other study previously conducted by the Secretary of a military department that the Director determines relevant for purposes of this section. In this section: The term appropriate congressional committees means— the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate. The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force. The term covered individual means any individual who— served in a covered Armed Force on or after February 28, 1961, as an aircrew member of a rotary-wing aircraft (including as a pilot or aviation support personnel), without regard to the status, position, rank, or grade of the individual within such crew; and receives health care benefits under chapter 55 of title 10, United States Code. The term Surveillance, Epidemiology, and End Results program means the program of the National Cancer Institute referred to in section 399B(d)(1) of the Public Health Service Act (40 U.S.C. 280e(d)(1)), or any successor program.
Section 343
745. Study on effects of service in the special operations forces to health of members of the Armed Forces Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a five-year longitudinal study on the evaluation and treatment of traumatic brain injuries and other injuries to provide analyses, findings, and recommendations with respect to extending the health span of members of special operations forces. The study under subsection (a) shall include the following: An evaluation of various exposure factors, including environmental, injury, and disease, to identify and quantify the relationship of such exposure to long-term health. An identification of sensitive and rapid biomarkers related to injury and outcomes at the acute, subacute, and chronic level that translate to practical injury mitigation. The characterizing and analysis of the factors associated with mitigating initial injury, enhancing force resilience, and optimizing long-term outcomes. An identification of the critical pre-service and post-service related issues that affect long-term health span. An identification of the factors associated with early aging at the patient facing and cellular level to identify targets for potential therapeutics and interventions. Any other elements as determined appropriate by the Secretary. Not later than 90 days after the date on which the Secretary commences the study under subsection (a), and annually thereafter during the duration of the study, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a progress report of activities conducted under the study during the period covered by the report. Not later than 180 days after the date on which the Secretary completes the study under subsection (a), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the findings of the study and recommendations based on the study, including information regarding— identification of health trajectories associated with a career serving as a member of the special operations forces; modifiable and nonmodifiable factors, including biomarkers, disease processes, and social determinants of health, associated with life-span trajectories and an increase in force readiness; any recommendations to alter health trajectories and improve force resilience and long-term health span in active and retired members of the special operations forces; and processes to integrate factors that affect the health of an individual before serving in the special operations forces, including with respect to the exposure history and health trajectory of the individual, into simple scores that can be use to improve the care of active and retired members of the special operations forces. In this section, the term special operations forces means the forces described in section 167(j) of title 10, United States Code.
Section 344
746. Pilot program on use of fish skin regeneration products in treating burn and blast injuries The Secretary of Defense may carry out a pilot program to— evaluate the efficacy of fish skin regeneration products in treating burn and blast injuries of members of the Armed Forces; and with respect to such products, assess the clinical outcomes, cost-effectiveness, and potential benefits for long-term recovery and military readiness. If the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out the pilot program at the Walter Reed National Military Medical Center. If the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out the pilot program for three years. Not later than one year after the date on which the Secretary commences the pilot program under subsection (a), and annually thereafter during the life of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program.
Section 345
747. Pilot program on remote blood pressure monitoring for certain pregnant and post-partum TRICARE beneficiaries Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, acting through the Defense Health Agency, shall establish a pilot program on blood pressure monitoring for at-risk pregnant and postpartum TRICARE beneficiaries in order to increase the rate of early detection of hypertensive disorder related to pregnancy and postpartum. The Secretary may model the pilot program on a pilot program for blood pressure self-monitoring of the Healthy Start Program operated by the Health Resources and Services Administration of the Department of Health and Human Services. The Secretary shall select sites for the pilot program in accordance with the following: The pilot program shall operate at not fewer than two military medical treatment facilities of each of the Army, Navy, Marine Corps, Air Force, and Space Force. Sites shall be geographically diverse, including locations in rural and urban areas. The Secretary shall give priority to a military medical treatment facility that has a large number of obstetric patients or a history of maternal health programs. An eligible participant for the pilot program, is an individual— who is enrolled in TRICARE; who is pregnant or postpartum; who receives health care through a military medical treatment facility selected under subsection (b); and whom the Secretary determines is at risk (based on evidence and current medical standards and recommendations) of a hypertensive disorder of pregnancy or negative health outcomes as a result of a hypertensive disorder of pregnancy. Participation in the pilot program shall be voluntary. A participant in the pilot program shall receive— a device approved by the Food and Drug Administration for the digital monitoring of blood pressure, validated by the Food and Drug Administration for use during pregnancy, capable of remote monitoring and data transmission, has adjustable or alternative cuff sizes; and educational materials and instructions on the use of such device from a health care provider of the Department of Defense. In carrying out the pilot program, the Secretary shall use primary care and obstetric care providers of eligible participants, to the extent practicable. The Secretary shall develop supporting materials for health care providers who facilitate the pilot program, including the following: Guidance on how to identify eligible participants for the pilot program. Evidence-based educational materials regarding maternal health best practices for eligible participants. The pilot program shall terminate five years after the date on which the Secretary establishes such pilot program. Not later than 180 days after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the pilot program, and publish such report on the website of the Department of Defense. The report shall include the following elements, disaggregated by the Armed Force, sex, age, race, and ethnicity of participants: The number of participants in the pilot program. The percentage of such participants who used the monitors as prescribed. A summary of barriers or challenges participants experienced using the monitors and if they resulted in underutilization. The percentage of participants who had blood pressure readings of concern. The percentage of participants described in paragraph (4) who received medical attention based on such readings. A summary of provider and participant feedback, including percentages of— providers that found the program influenced patient care; and participants who found the program was helpful in managing their own care. Recommendations of the Secretary whether the pilot program should be altered, expanded, or made permanent.
Section 346
748. Pilot program to help certain members of the Armed Forces stop smoking Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may carry out a one-year pilot program to furnish, to covered members, the alternatives to smoking specified in subsection (b) in order— to help such covered members stop smoking; and to improve the health of such covered members. The alternatives to smoking specified in this subsection are: Counseling. Nicotine gum. Nicotine patches. Electric nicotine delivery systems. Nicotine pouches. Heat-not-burn (HNB) products. If the Secretary carries out such a pilot program, the pilot program shall operate— in not less than one covered Armed Force; and at not less than one military installation at which covered members serve in numbers that exceed the national average for each of the following: Smoking cigarettes or other combustible tobacco products. Population of Black Americans. Population of Asian and Pacific Islander Americans. Population of Hispanic Americans. Population of Appalachian Americans. Not later than one year after the termination of such a pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives, a report regarding the results of the pilot program. Elements of such report shall include the determination of the Secretary regarding— whether the pilot program helped covered members stop smoking; the alternatives specified in subsection (b) that are most effective in helping covered members to stop smoking; gaps in health care services available to covered members who belong to the populations described in subsection (c)(2); and the recommendation of the Secretary whether to expand, extend, or make permanent the pilot program. In this section: The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force. The term covered member means a member of a covered Armed Force— serving on active duty; and who smokes at least one cigarette (or other combustible tobacco product) per week.
Section 347
749. Pilot program on secure, mobile personal health record for members of the Armed Forces participating in the Transition Assistance Program Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a pilot program under which members of the Armed Forces who are serving on active duty and receiving benefits or services under the Transition Assistance Program are able to use a covered health record platform to collect their medical records before separating from active duty. The Secretary shall select not less than one Armed Force in which to carry out the pilot program under subsection (a). The Secretary shall seek to enter into a contract using competitive procedures with an appropriate entity, as determined by the Secretary, for the provision of the covered health record platform under the pilot program under subsection (a). Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals for the contract described in paragraph (1). Such request shall be full and open to any contractor that has an existing covered health record platform. Not later than 120 days after the date of the enactment of this Act, the Secretary shall award a contract to an appropriate entity pursuant to the request for proposals under paragraph (2) if at least one acceptable offer from such an entity is submitted. The Secretary shall carry out the pilot program under subsection (a) for a period of not less than one year. At the end of the one-year period specified in paragraph (1), the Secretary may— terminate the pilot program under subsection (a); continue the pilot program; expand the pilot program; or implement the use of a covered health record platform in the Transition Assistance Program throughout the Armed Forces. No additional funds are authorized to be appropriated to carry out the requirements of this section. Such requirements shall be carried out using amounts otherwise authorized to be appropriated for the Department of Defense. In this section: The term covered health record platform means a secure personal health record platform that meets the following requirements: Has web-based and native mobile phone app capabilities. Has the capability to store and share records with the Department of Veterans Affairs or any other designated care provider. Has the capability to store records in the cloud. Does not have a requirement for integration to receive or share records. Has the capability to instantly share data based on a combination of access key and personal identifier. Has the capability to provide secure data storage and records transfer upon separation of a member of the Armed Forces from active duty. Does not require a business associate agreement with any parties. Has secure data isolation with access controls. Has, at a minimum, data security that would require separate encryption for each document, relying on AES256 or better algorithm with keys encryption using RSA2048 or better algorithm, or any successor similar algorithm. The term Transition Assistance Program means the program of the Department of Defense for preparation counseling, employment assistance, and other transitional services provided under sections 1142 and 1144 of title 10, United States Code.
Section 348
750. Report on transitioning of mail-order pharmacy program of TRICARE program to an in-house mail order service Not later than 180 days 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 feasibility and advisability of transitioning the contractor-operated mail-order pharmacy program of the TRICARE program to a service provided directly by the Department of Defense. The report under subsection (a) shall include an analysis of the following with respect to the transition described in such subsection: Costs, including administrative costs, dispensing fees, and administrative overhead. Structure and staffing. The effect on beneficiaries under the TRICARE program, including regarding delivery times and quality. The feasibility and advisability of combining the mail-order pharmacy functions under the TRICARE program with the mail-order pharmacy functions of the Veterans Health Administration of the Department of Veterans Affairs. In this section, the term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
Section 349
751. Strategic plan to address mental health of members of the Armed Forces The Secretary of Defense, in coordination with each Secretary of a military department and the Director of the Defense Health Agency, shall develop a strategic plan to address suicide by members of the Armed Forces and the mental health services provided to members. The plan under subsection (a) shall include the following: Developing and enforcing uniform protocols with respect to— the regulations prescribed for the self-initiated referral process under section 1090b(e) of title 10, United States Code, for members of the Armed Forces seeking mental health evaluations; the provision of information, including through workplace posters, flyers, and advertisements, to ensure members are aware of such referral process. Standardized mental health training for members of the Armed Forces, including— specialized training for commanders, senior enlisted leaders, and medical personnel on identifying and addressing mental health concerns; the development of a certification process based on completion of training with documented proof of compliance; how to respond when a member initiates the referral process under section 1090b(e) of title 10, United States Code; and how to recognize signs indicating mental health distress.
Section 350
752. Study on implementation of accreditation requirements for military dental treatment facilities The Inspector General of the Department of Defense shall conduct a study on the implementation of section 744(b)(4) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1071 note) with respect to military dental treatment facilities. Such study shall include the following: An identification of the number and percentage of military dental treatment facilities that have not achieved accreditation as required under such section 744(b)(4) as of the date of the study. An analysis of any barriers, including administrative or operational barriers, impeding the achievement of such accreditation requirement with respect to military dental treatment facilities. An assessment of the resources, including personnel, training, and infrastructure resources, necessary to achieve full compliance with such accreditation requirement. An estimate of the costs necessary to bring any unaccredited military dental treatment facility into compliance with such accreditation requirement. Recommendations for any administrative, legislative, or other action necessary to ensure the full implementation of such accreditation requirement. Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the study under subsection (a). Such report shall include— the findings of the study; a plan to ensure compliance with section 744(b)(4) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1071 note); and any recommendations by the Inspector General for additional resources or legislative authority necessary to achieve full compliance with such section.
Section 351
753. Assessment and program on use of radiation-shielding personal protective equipment to prevent or reduce the severity of acute radiation syndrome and associated mortality Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Health Affairs, acting through the Director of the Armed Forces Radiobiology Research Institute, shall submit to the congressional defense committees an assessment of whether targeted protection of bone marrow using gamma radiation-shielding personal protective equipment is likely to reduce the risk of acute radiation syndrome by reducing the severity of radiation-induced health effects, improving survivability in high-dose radiation environments, or both. If the assessment under subsection (a) finds that protecting bone marrow using gamma radiation-shielding personal protective equipment is likely to reduce the risk of acute radiation syndrome by reducing the severity of radiation-induced health effects, improving survivability in high-dose radiation environments, or both, not later than one year after the date of the enactment of this Act, the Secretary of Defense shall develop requirements and an acquisition plan for the procurement, prepositioning, and maintenance of gamma radiation-shielding personal protective equipment for use by covered personnel. In carrying out the program under subsection (b), the Secretary of Defense shall— develop requirements for the procurement, prepositioning, and maintenance of gamma radiation-shielding personal protective equipment designed to protect bone marrow; an acquisition plan, including estimated costs, for the procurement, prepositioning, and maintenance of gamma radiation-shielding personal protective equipment designed to protect bone marrow; and consider, in coordination with the Chairman of the Joint Chiefs of Staff and the commanders of the combatant commands— the number of covered personnel who are deployed in areas in which the use of tactical nuclear weapons is a substantial threat; the number of covered personnel who are deployed in areas in which potential nuclear reactor emergencies may pose a substantial threat; the operational requirements of the Department of Defense; appropriate doctrine, training, and operational plans for effective use of such personal protective equipment; a feasible schedule for implementation of the program; and approaches that could complement carrying out the program on medical countermeasures pursuant to section 734 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 1071 note). In this section, the term covered personnel means— members of the Armed Forces deployed either inside or outside the United States; civilian employees of the Department of Defense deployed outside the United States; and civilian employees of the Department of Defense and members of the Armed Forces stationed in the National Capital Region (as defined in section 2674 of title 10, United States Code) responsible for the chemical, biological, and nuclear defense mission.
Section 352
754. Prescription drop boxes The Secretary of Defense shall maintain at each military installation a prescription drop box to allow for the safe disposal of unused prescription drugs, including opioids.
Section 353
755. Department of Defense medical supply chain risk identification and transparency enhancement Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall— conduct supply chain risk assessments across the Defense Health Agency and relevant acquisition offices of the Department of Defense to determine the origin of covered items; and develop and maintain a prioritized list, which may be classified, of high-risk critical medical products that rely on covered items originating from the People’s Republic of China. The assessments under subsection (a)(1) shall include— identification and prioritization of critical medical products for review; evaluation of dependencies on inputs originating from China; analysis of vulnerability to supply chain disruption during war, national emergency, or public health crisis; assessment of domestic manufacturing capacity, including gaps, single points of failure, and economic threats to domestic producers; identification of the location of design, manufacturing, and packaging facilities; and evaluation of dependencies in deployable medical units, military medical treatment facilities, and medical logistics systems of the Department. Not later than180 days after the date of the initial assessment conducted under paragraph (1) of subsection (a), and annually thereafter, the Secretary shall submit to the congressional defense committees a report detailing— findings from the high-risk medical products list developed under paragraph (2) of such subsection; strategies to strengthen stockpiles and readiness contracts; and recommendations to reduce reliance on Chinese supply chains, including procurement policy revisions, alternative sourcing, expansion of domestic manufacturing, and incentives for United States-based production of covered items. The report under paragraph (1) may be submitted in classified form. In this section: The term covered items means pharmaceuticals, active pharmaceutical ingredients, personal protective equipment, medical devices, and medical diagnostic equipment, used by the Department of Defense. The term critical medical product means any covered item identified by the Secretary of Defense as essential to national defense, force health protection, or continuity of operations. The term domestic manufacturing means the conduct in the United States of research and development, engineering, or production activities necessary for manufacturing a critical medical product. The term foreign country of concern has the meaning given the term covered nations in section 4872(f)(2) of title 10, United States Code, and any additional countries so designated by the Department of State.
Section 354
756. Assessment and report on health care services available to civilian and military personnel at Naval Air Weapons Station China Lake The Secretary of Defense, in coordination with the Secretary of the Navy, shall develop an assessment of the adequacy of health care services available to the military and civilian personnel workforce at Naval Air Weapons Station China Lake. Not later than 60 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 assessment conducted under subsection (a). Such report shall include the following: A description of challenges to the provision of health care services to the individuals specified in such subsection through the military health system or the private sector, including— a description of any such challenge relating to— insufficient funding or authority to provide adequate services; inaccessibility of health care services available; or a shortage in providers of emergency care or other specialized health care services; and a description of any potential effect of such challenges on the mission of Naval Air Weapons Station China Lake, including any tenant command present on such military installation. Recommendations of the Secretary with respect to legislative proposals to improve such the adequacy of such health care services available to the individuals specified in subsection (a). The plan of the Secretary to address any challenge, or mitigate any potential effect, under paragraph (1).
Section 355
757. Review and Update of Online Information Relating to Suicide Prevention and Behavioral Health Not later than August 1, 2027, each Secretary of a military department (as defined in section 101 of title 10, United States Code) shall— review any information relating to suicide prevention or behavioral health that is published on an internet website of the military department at the installation level; update such information, including any contact information for suicide prevention or behavioral health resources, as may be necessary; and submit to the congressional defense committees a certification that such information is accurate as of the date of such certification.
Section 356
758. Study on psychological effects of and mental health impacts of combat remotely piloted aircraft operations The Secretary of Defense shall conduct a comprehensive study on the psychological effects and mental health impacts of remotely piloted aircraft combat operations on members of the Armed Forces and other personnel engaged in such operations. The study under subsection (a) shall include the following elements: An assessment of the prevalence of post-traumatic stress disorder, depression, anxiety, burnout, moral injury, and other mental health conditions among members of the Armed Forces and civilian personnel who— Pilot or operate combat remotely piloted aircraft systems; or analyze combat imagery and conduct targeting assessments for such systems. A comparative analysis of the mental health outcomes of such individuals relative to— aircrew engaged in crewed combat operations; and personnel deployed in non-flying combat roles. An evaluation of operational stressors unique to combat drone operations, including— shift work and sleep disruption; remote witnessing of lethal operations; emotional disengagement and isolation; and exposure to civilian casualties or traumatic visual content. An assessment of existing Department of Defense mental health support services available to remotely piloted aircraft personnel and whether such services are adequate, accessible, and appropriately tailored. Recommendations to improve mental health screening, treatment, and prevention for remotely piloted aircraft operators and support staff. In conducting the study, the Secretary shall consult with— the Surgeons General of the Armed Forces; the Under Secretary of Defense for Personnel and Readiness; the Defense Health Agency; behavioral health experts within the Department of Veterans Affairs; and appropriate scientific institutions with expertise in combat psychology and remote warfare. Not later than 12 months 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 an unclassified report on the results of the study conducted under this section, including the recommendations described in subsection (b)(5).
Section 357
759. Pilot program on pre-programming of suicide prevention resources into smart devices issued to members of the Armed Forces Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence the conduct of a pilot program under which the Secretary— pre-downloads the Virtual Hope Box application of the Defense Health Agency, or such successor application, on the covered devices of members of the Armed Forces; pre-programs the National Suicide Hotline number and Veterans Crisis Line number into the contacts for such covered devices; and provides training, as part of the training on suicide awareness and prevention conducted throughout the Department of Defense, on the preventative resources described in paragraphs (1) and (2). The Secretary of Defense shall carry out the pilot program under this section for a two-year period. The Secretary of Defense shall determine the appropriate scope of individuals participating in the pilot program under this section to best represent each Armed Force and to ensure a relevant sample size. In carrying out the pilot program under this section, the Secretary of Defense shall coordinate with the Director of the Defense Health Agency and the Secretary of Veterans Affairs to identify other useful technology-related resources for use in the pilot program. Not later than 30 days after the date on which the pilot program under this section terminates, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program, including recommendations by the Secretary relating to expanding the scope of future pilot programs to include members of the Armed Forces who do not possess covered devices. In this section: The term covered device means a smart device (including a mobile phone) that is issued to an individual by the Secretary of Defense or the Secretary of an Armed Force. The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.
Section 358
760. Study on opioid prescribing practices The Secretary of Defense shall conduct an updated study on opioid prescribing to ensure that the provider practices of medication-prescribing health professionals across the military health system conform with— the clinical practice guidelines of the Department of Defense and the Department of Veterans Affairs; and the prescribing guidelines published by the Centers for Disease Control and Prevention and the Food and Drug Administration.
Section 359
761. Timeliness of electronic medical records during transition from the Armed Forces 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 timeliness of providing members of the Armed Forces who are separating from active duty with a copy of the electronic health records of the members. The report under paragraph (1) shall include the following, with respect to the one-year period preceding the date of the report: The average number of days following separation from active duty for a member to receive the electronic health records of the member. The most number of days a member has waited to receive such records. An explanation for delays in providing members such records. The Secretary shall establish standards to ensure that a member of the Armed Forces who is separating from active duty receives the electronic health records of the member within a reasonable period.
Section 360
762. Study on TRICARE program contract transition Not later than two years after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a study on the TRICARE contract transition. The study under subsection (a) shall include the following: The effects of the TRICARE contract transition on— members of the Armed Forces and covered beneficiaries who receive health care under the TRICARE program in the West region; and the providers of such health care. The average time for such members and covered beneficiaries to resolve any issues relating to the TRICARE contract transition. A description of how the Department of Defense and the TRICARE program— prepared for the TRICARE contract transition; and communicated information to such members and covered beneficiaries regarding the transition and how to resolve any issues relating to the transition. In this section: The terms covered beneficiary and TRICARE program have the meaning given such terms in section 1072 of title 10, United States Code. The term TRICARE contract transition means the transition to a new contract under the TRICARE program with respect to the administration of the West region occurring on January 1, 2025.
Section 361
763. Report on use of oculometric brain health assessment systems for Department of Defense The Under Secretary of Defense for Personnel and Readiness, in consultation with the Surgeons General of the Armed Services, or other relevant Department of Defense organizations identified by the Secretary of Defense, shall conduct an assessment on the use of oculometric biomarker monitoring technologies to support mission sets of the Department of Defense. The assessment conducted under subsection (a) shall contain each of the following elements: The anticipated mid- and long-term utility of oculometric monitoring systems in optimizing human performance and enhancing U.S. military readiness and operational effectiveness. The ability of oculometric biomarker monitoring to detect fatigue, stress, traumatic brain injury, substance use disorder, and post-traumatic stress disorder in servicemembers, including in deployed environments. The effectiveness of such systems in reducing operational risk and enhancing cognitive resilience in combat and training settings. The role of oculometric biomarker monitoring in early detection of traumatic brain injury, substance use disorder, and post-traumatic stress disorder for active-duty personnel and veterans, including the utility of monitoring recovery and tailoring rehabilitation plans to individual servicemembers. Whether use of oculometric monitoring systems enhances mission readiness by providing real-time physiological and cognitive performance feedback. The potential of such systems to reduce costly attrition and improve decision-making under stress. Opportunities for integration with existing or planned medical, training, and readiness systems of the Department. The role of brain health monitoring technologies in protecting against performance degradation that may jeopardize mission success. Potential contributions of oculometric technologies to allied and partner nation capacity building. A review of outcomes from existing trials funded by the Department of oculometric biomarker monitoring technologies with the Air Force, Army, and the National Aeronautics and Space Administration. Identification of any gaps in such trials requiring further research, development, testing, and evaluation. Not later than March 1, 2026, the Under Secretary of Defense for Personnel and Readiness shall submit to the appropriate congressional committees a report containing— the assessment required under subsection (a); and recommendations on the optimal use of oculometric biomarker monitoring technologies to support mission sets of the Department of Defense, including on— expansion of device deployment across field units and military medical centers; further operational trials to benchmark injury thresholds and readiness indicators; and integration of cognitive and neurological health metrics into existing health and readiness reporting systems of the Department. The report required by subsection (c) shall be submitted in an unclassified form, but may include a classified annex.
Section 362
764. Plan and report by Defense Health Agency relating to chiropractic clinics at military installations The Director of the Defense Health Agency shall develop a plan to— reopen any clinic at a military installation if, before the date of the enactment of this Act, such clinic— offered chiropractic services; and was closed; and pay chiropractors stationed at military installations under the General Schedule. Not later than March 31, 2026, the Director of the Defense Health Agency shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the plan developed under subsection (a).
Section 363
801. Multiyear procurement authority for covered weapon systems Subject to section 3501 of title 10, United States Code, the Secretary of the Defense shall enter into one or more multiyear contracts for the procurement of a covered weapon system if— a decision has been made to move such covered weapon system to full-rate production; and such covered weapon system is projected to maintain full-rate production for a period of five or more consecutive years after entering into such a contract. The Secretary of Defense may waive the requirements of subsection (a) if the Secretary determines that the projected threat environment in which the covered weapon system is to be fielded has changed in a manner such that the procurement of such system is no longer necessary. This section and the requirements of this section shall apply with respect to a multiyear contract for the procurement of a covered weapon system entered into on or after the date of the enactment of this Act. In this section, the term covered weapon system means a major weapon system (as defined in section 3455 of title 10, United States Code)— for which the budget justification documents submitted by the Secretary in accordance with section 4205 of title 10, United States Code, state that the planned procurement schedule, conducted at the most effective production rate (as defined in such section), will require 36 months or more to obtain the total quantity of units to be procured until procurement is complete; and that is estimated by the Secretary of Defense to require an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,000,000,000 (based on fiscal year 2025 constant dollars).
Section 364
802. Elimination of late cost and pricing data submission defense Section 3706(c) of title 10, United States Code, is amended— in paragraph (3) by striking or at the end; in paragraph (4) by striking the period and inserting ; or; and by adding at the end the following: updates to cost or pricing data submitted by the prime contractor or subcontractor after the date of agreement on the price of the contract (or price of the modification) or, if applicable and if consistent with subsection (a)(2), such other date agreed upon between the parties, were based on data that was more than 30 days old. (5)updates to cost or pricing data submitted by the prime contractor or subcontractor after the date of agreement on the price of the contract (or price of the modification) or, if applicable and if consistent with subsection (a)(2), such other date agreed upon between the parties, were based on data that was more than 30 days old..
Section 365
803. Reporting of price increases Chapter 271 of title 10, United States Code, is amended by adding at the end the following new section: An offeror shall be required to submit to the relevant contracting officer a report, not later than 30 days after the offeror becomes aware that the price of a product or service under a covered contract reaches or exceeds an amount equal to— 25 percent more than the price specified in the covered contract bid; 25 percent more than the price the Government paid for such product or service during the calendar year immediately preceding the date on which the covered contract is entered into; or 50 percent more than the price the Government paid for such product or service at any time before the 5-year period preceding the date on which the covered contract is entered into. With respect to an offeror who fails to submit the report required under this section, the Director of the Defense Contract Audit Agency or the relevant service acquisition executive shall include in the Federal Awardee Performance and Integrity Information System (or any successor system) the following information: An identification of such offeror and the specific product or service to which such report should relate. The National Stock Number of such product or service and the order quantity, unit cost, total cost, purchasing or reimbursing entity, and date of the order for such product or service. In this section, the term covered contract means a contract awarded using procedures other than competitive procedures under section 3204 of this title or pursuant to section 6.302 of the Federal Acquisition Regulation. 3709.Reporting of increases above specified prices
(a)In generalAn offeror shall be required to submit to the relevant contracting officer a report, not later than 30 days after the offeror becomes aware that the price of a product or service under a covered contract reaches or exceeds an amount equal to— (1)25 percent more than the price specified in the covered contract bid;
(2)25 percent more than the price the Government paid for such product or service during the calendar year immediately preceding the date on which the covered contract is entered into; or (3)50 percent more than the price the Government paid for such product or service at any time before the 5-year period preceding the date on which the covered contract is entered into.
(b)NoncomplianceWith respect to an offeror who fails to submit the report required under this section, the Director of the Defense Contract Audit Agency or the relevant service acquisition executive shall include in the Federal Awardee Performance and Integrity Information System (or any successor system) the following information: (1)An identification of such offeror and the specific product or service to which such report should relate.
(2)The National Stock Number of such product or service and the order quantity, unit cost, total cost, purchasing or reimbursing entity, and date of the order for such product or service. (c)Covered contract definedIn this section, the term covered contract means a contract awarded using procedures other than competitive procedures under section 3204 of this title or pursuant to section 6.302 of the Federal Acquisition Regulation..
Section 366
3709. Reporting of increases above specified prices An offeror shall be required to submit to the relevant contracting officer a report, not later than 30 days after the offeror becomes aware that the price of a product or service under a covered contract reaches or exceeds an amount equal to— 25 percent more than the price specified in the covered contract bid; 25 percent more than the price the Government paid for such product or service during the calendar year immediately preceding the date on which the covered contract is entered into; or 50 percent more than the price the Government paid for such product or service at any time before the 5-year period preceding the date on which the covered contract is entered into. With respect to an offeror who fails to submit the report required under this section, the Director of the Defense Contract Audit Agency or the relevant service acquisition executive shall include in the Federal Awardee Performance and Integrity Information System (or any successor system) the following information: An identification of such offeror and the specific product or service to which such report should relate. The National Stock Number of such product or service and the order quantity, unit cost, total cost, purchasing or reimbursing entity, and date of the order for such product or service. In this section, the term covered contract means a contract awarded using procedures other than competitive procedures under section 3204 of this title or pursuant to section 6.302 of the Federal Acquisition Regulation.
Section 367
804. Assumption of uninsurable risk on certain contracts Chapter 281 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall ensure that a contractor is not required to assume the risk of loss for work in process under a covered contract if, due to classified nature of the performance of such contractor under such covered contract— such contractor is unable to obtain insurance for such risk of loss from a commercial provider; or a commercial provider is unable to process a claim of such contractor for loss of work in process under such covered contract. Subsection (a) shall not apply with respect to a loss of work in process under a covered contract to the extent that such loss— occurs outside the period of performance for such work in process under such covered contract; or results from gross misconduct by the contractor. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to carry out this section. In this section: The term classified contract means a contract the performance of which requires a contractor performing under such contract, or an employee of such contractor, to have access to classified information. The term covered contract means a classified, fixed-price type contract for the acquisition of a product entered into by the Department of Defense after the enactment of this Act. The term work in process, with respect to a contract, means a product to be delivered under such contract— that is at any stage of production or manufacture; and the delivery of which has not been accepted by the Government. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to carry out section 3864 of title 10, United States Code, as added by subsection (a). 3864.Assumption of uninsurable risk on certain contracts (a)In generalThe Secretary of Defense shall ensure that a contractor is not required to assume the risk of loss for work in process under a covered contract if, due to classified nature of the performance of such contractor under such covered contract—
(1)such contractor is unable to obtain insurance for such risk of loss from a commercial provider; or (2)a commercial provider is unable to process a claim of such contractor for loss of work in process under such covered contract.
(b)LimitationsSubsection (a) shall not apply with respect to a loss of work in process under a covered contract to the extent that such loss— (1)occurs outside the period of performance for such work in process under such covered contract; or
(2)results from gross misconduct by the contractor. (c)RegulationsNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to carry out this section.
(d)DefinitionsIn this section: (1)The term classified contract means a contract the performance of which requires a contractor performing under such contract, or an employee of such contractor, to have access to classified information.
(2)The term covered contract means a classified, fixed-price type contract for the acquisition of a product entered into by the Department of Defense after the enactment of this Act. (3)The term work in process, with respect to a contract, means a product to be delivered under such contract—
(A)that is at any stage of production or manufacture; and (B)the delivery of which has not been accepted by the Government..
Section 368
3864. Assumption of uninsurable risk on certain contracts The Secretary of Defense shall ensure that a contractor is not required to assume the risk of loss for work in process under a covered contract if, due to classified nature of the performance of such contractor under such covered contract— such contractor is unable to obtain insurance for such risk of loss from a commercial provider; or a commercial provider is unable to process a claim of such contractor for loss of work in process under such covered contract. Subsection (a) shall not apply with respect to a loss of work in process under a covered contract to the extent that such loss— occurs outside the period of performance for such work in process under such covered contract; or results from gross misconduct by the contractor. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to carry out this section. In this section: The term classified contract means a contract the performance of which requires a contractor performing under such contract, or an employee of such contractor, to have access to classified information. The term covered contract means a classified, fixed-price type contract for the acquisition of a product entered into by the Department of Defense after the enactment of this Act. The term work in process, with respect to a contract, means a product to be delivered under such contract— that is at any stage of production or manufacture; and the delivery of which has not been accepted by the Government.
Section 369
805. Changes to reference documents Chapter 361 of title 10, United States Code, is amended by adding at the end the following new section: Each contract or other agreement for the acquisition of any good or service entered into by the Department of Defense shall include for each external document referred to in such contract or other agreement a notation that— provides the version of such external document that is applicable to such contract or other agreement; and indicates whether any changes have been made to such external document after the issuance of the solicitation pursuant to which such contract or other agreement was entered into. If a contract or other agreement described in subsection (a) does not include the notation required under such subsection for an external document referred to in such contract or other agreement, the version of the external document that shall apply with respect to such contract or other agreement is the version in effect at the time of the issuance of the solicitation pursuant to which such contract or other agreement was entered into. In this section, the term external document, with respect to a contract or other agreement, means a document to which such contract or other agreement refers that— is external to such contract or other agreement; and either— contains or affects any material term of such contract or other agreement; or otherwise modifies the performance required under such contract or other agreement. The amendment made by subsection (a) shall apply only with respect to contracts and other agreements entered into after the date of the enactment of this Act. 4604.Changes to reference documents
(a)In generalEach contract or other agreement for the acquisition of any good or service entered into by the Department of Defense shall include for each external document referred to in such contract or other agreement a notation that— (1)provides the version of such external document that is applicable to such contract or other agreement; and
(2)indicates whether any changes have been made to such external document after the issuance of the solicitation pursuant to which such contract or other agreement was entered into. (b)Unnotated documentsIf a contract or other agreement described in subsection (a) does not include the notation required under such subsection for an external document referred to in such contract or other agreement, the version of the external document that shall apply with respect to such contract or other agreement is the version in effect at the time of the issuance of the solicitation pursuant to which such contract or other agreement was entered into.
(c)External document definedIn this section, the term external document, with respect to a contract or other agreement, means a document to which such contract or other agreement refers that— (1)is external to such contract or other agreement; and
(2)either— (A)contains or affects any material term of such contract or other agreement; or
(B)otherwise modifies the performance required under such contract or other agreement..
Section 370
4604. Changes to reference documents Each contract or other agreement for the acquisition of any good or service entered into by the Department of Defense shall include for each external document referred to in such contract or other agreement a notation that— provides the version of such external document that is applicable to such contract or other agreement; and indicates whether any changes have been made to such external document after the issuance of the solicitation pursuant to which such contract or other agreement was entered into. If a contract or other agreement described in subsection (a) does not include the notation required under such subsection for an external document referred to in such contract or other agreement, the version of the external document that shall apply with respect to such contract or other agreement is the version in effect at the time of the issuance of the solicitation pursuant to which such contract or other agreement was entered into. In this section, the term external document, with respect to a contract or other agreement, means a document to which such contract or other agreement refers that— is external to such contract or other agreement; and either— contains or affects any material term of such contract or other agreement; or otherwise modifies the performance required under such contract or other agreement.
Section 371
806. Major system cost growth oversight Section 4374 of title 10, United States Code, is amended— in subsection (a), by striking When a unit cost report and inserting Not later than 30 days after a unit cost report; in subsection (b), by striking When a unit cost report and inserting Not later than 30 days after a unit cost report; and in subsection (c), by amending paragraph (2) to read as follows: In the case of a determination based on a quarterly report submitted in accordance with section 4372 of this title or a report submitted in accordance with section 4373 of this title, the Secretary shall submit the notification to Congress within 30 days after the date on which the determination was made. Section 4203(a)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph: If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more end items that are each estimated to require an eventual total expenditure for research, development, test, evaluation, operation, and support of more than $500,000,000, the Secretary shall designate each such end item as a major subprogram for the purposes of acquisition reporting under this subpart. Section 4214(a)(2) of title 10, United States Code, is amended by inserting for the life cycle of such major defense acquisition program or designated major subprogram before the period at the end. Section 4376 of title 10, United States Code, is amended— in subsection (b), by adding at the end the following new paragraphs: The Secretary may not delegate the submission of a written certification under paragraph (1). in subsection (c)— in paragraph (2), by striking and at the end; in paragraph (3), by striking the period at the end and inserting ; and; and by adding at the end the following new paragraph: consideration of termination plans that maximize value, including— immediate termination of the program with no further action; termination of the program after completion of the end items in production and for which funds have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program; termination of the program after completion of the end items described in subparagraph (B) for which the resale value exceeds the cost of completing such end items; and any other course of action to maximize the value to the Government of the funds that have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program. (2)Time for submission of notification to CongressIn the case of a determination based on a quarterly report submitted in accordance with section 4372 of this title or a report submitted in accordance with section 4373 of this title, the Secretary shall submit the notification to Congress within 30 days after the date on which the determination was made.. (C)If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more end items that are each estimated to require an eventual total expenditure for research, development, test, evaluation, operation, and support of more than $500,000,000, the Secretary shall designate each such end item as a major subprogram for the purposes of acquisition reporting under this subpart.. (4)DelegationThe Secretary may not delegate the submission of a written certification under paragraph (1).; and (4)consideration of termination plans that maximize value, including—
(A)immediate termination of the program with no further action; (B)termination of the program after completion of the end items in production and for which funds have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program;
(C)termination of the program after completion of the end items described in subparagraph (B) for which the resale value exceeds the cost of completing such end items; and (D)any other course of action to maximize the value to the Government of the funds that have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program..
Section 372
807. Contested logistics exercise requirement Section 842 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2341 note) is amended— by redesignating subsection (h) as subsection (i); and by inserting after subsection (g) the following new subsection: The Secretary of Defense shall direct the Secretaries of the Navy and the Air Force to incorporate the requirements of the Program into the execution of the Return of Forces to the Pacific exercise of the Air Force and the Rim of the Pacific exercise of the Navy. In carrying out paragraph (1) with respect to an exercise described in such paragraph, the Secretary concerned shall, in consultation with any covered nation participating in such exercise, evaluate the following: Operational scenarios that require greater collaboration amongst national militaries to support logistics requirements and which shall leverage contracting processes and operational contract support, acquisitions and cross servicing agreements, and prepositioned assets to assess how participating nations can maximize deterrence value and readiness of military forces. Barriers that may prevent and opportunities to expand the joint sustainment of weapons systems by nations that commonly operate such weapon systems, including— the use of agreements related to maintenance and the sharing of parts; and how participating nations can expand tactical maintenance and supply interoperability. Conducting maintenance of weapons systems in austere environments and the associated transportation requirements. Existing policies, statutes, and technical requirements that prevent further integration of sustainment of weapon systems amongst participating nations. This subsection shall terminate on the date described in subsection (g). (h)Contested logistics exercise requirement (1)In generalThe Secretary of Defense shall direct the Secretaries of the Navy and the Air Force to incorporate the requirements of the Program into the execution of the Return of Forces to the Pacific exercise of the Air Force and the Rim of the Pacific exercise of the Navy.
(2)ExecutionIn carrying out paragraph (1) with respect to an exercise described in such paragraph, the Secretary concerned shall, in consultation with any covered nation participating in such exercise, evaluate the following: (A)Operational scenarios that require greater collaboration amongst national militaries to support logistics requirements and which shall leverage contracting processes and operational contract support, acquisitions and cross servicing agreements, and prepositioned assets to assess how participating nations can maximize deterrence value and readiness of military forces.
(B)Barriers that may prevent and opportunities to expand the joint sustainment of weapons systems by nations that commonly operate such weapon systems, including— (i)the use of agreements related to maintenance and the sharing of parts; and
(ii)how participating nations can expand tactical maintenance and supply interoperability. (C)Conducting maintenance of weapons systems in austere environments and the associated transportation requirements.
(D)Existing policies, statutes, and technical requirements that prevent further integration of sustainment of weapon systems amongst participating nations. (3)TerminationThis subsection shall terminate on the date described in subsection (g)..
Section 373
808. Financing for programs with priority ratings under the defense priorities and allocation system The Secretary of Defense shall ensure that covered financing costs incurred by a contractor through the performance of a covered contract are allowable and allocable as a direct or an indirect cost for such covered contract if such covered financing costs— are reasonable and consistent with prevailing market rates for similar financing; and are incurred to pay a covered financing entity. Requirements of the Department of Defense Supplement to the Federal Acquisition Regulation otherwise applicable to a contract or subcontract described in subsection (a) shall not be incorporated into any agreement with a covered financing entity relating to covered financing costs. The Secretary of Defense shall ensure that with respect to a covered contract for which covered financing costs are allowable and allocable pursuant to subsection (a), any obligation of the United States to make a payment under such covered contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for the termination of such covered contract shall be limited to the total amount of funding obligated at the time of termination. In this section: The term covered activity means an activity of a prime contractor or subcontractor that supports a covered program, including an activity— to manage an inventory of completed products or components produced for a covered program; to improve inventory management of products or components necessary for sustainment or maintenance of a covered program; to materially expand the capacity of production or sustainment and maintenance of a covered program through capital expenditures; or for any other purpose identified by the Secretary of Defense. The term covered contract means a contract or subcontract entered into by the Secretary of Defense pursuant to a use of the priorities and allocations authorities under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including such a contract or subcontract for export, for performance of a covered activity. The term covered financing costs means interest on debt, bond discounts, or costs of financing and refinancing capital. The term covered financing entity means an entity established pursuant to Federal or State law that— as part of the regular business activities of the entity, extends credit, loans, or other financing to other persons; and is not owned by, controlled by, or under common control with the person receiving such financing. The term covered program means any program under title 10, United States Code, for the production and sustainment of naval combatant surface ships and submarines, air defense capabilities, munitions, aircraft, land systems, combat vehicles, or any other capability designated by the Secretary.
Section 374
809. Prioritization of domestic boron Not later 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall issue regulations under which the Department of Defense shall prioritize the acquisition of boron for use by the Department, including in goods and services acquired by the Department, from sources in the United States through domestic supply chains. The Under Secretary of Defense for Acquisition and Sustainment shall ensure that the procedures established under subsection (a) support the development of domestic supply chains for boron from sources in the United States to meet the needs of the Department of Defense for boron. In this section, the term domestic supply chain means a supply chain that— is composed entirely of entities that are organized under the laws of the United States or of any jurisdiction within the United States; and involves only facilities located in the United States.
Section 375
810. Establishment of Schedule V for veteran employment and philanthropy reporting by defense contractors and grantees The Secretary of Defense shall develop and implement a standardized disclosure schedule, to be known as Schedule V, to be included in all applicable contracts, subcontracts, and grant awardees as specified in this section. These disclosures by contract, subcontract, and grant awardees will contribute to critical long-term recruitment and retention of the Armed Forces. Schedule V shall be required as a condition of award for— any contract or subcontract with an annual value exceeding $5,000,000 with the Department of Defense or any organizations receiving a contract or subcontract with an annual revenue of $1,000,000,000 or more; or any Department of Defense Federal grant to an institution of higher education or research entity in excess of $10,000,000 annually. Entities subject to subsection (b) shall, on an annual basis, publicly disclose the following: Veteran employment and retention date, including— the number of United States military veterans hired annually for the previous 3 years; the number of those veterans retained 12 and 24 months after hire; and a summary of the company’s United States military veteran retention initiatives, if any. Philanthropic and community investment, including— disclosure of a corporate philanthropy program; the total amount of philanthropic giving in the previous fiscal year; the amount and percentage of such giving dedicated to military and veteran-related causes; and any volunteer hours towards veteran or military causes. A narrative response describing the direct involvement of the company’s Chief Executive Officer and Board of Directors in reviewing and supporting efforts related to paragraphs (1) and (2). The Secretary shall ensure Schedule V requirements apply, to the greatest extent practicable, to indirect suppliers and subcontractors at a value of $5,000,000 or above or annual revenue of $1,000,000,000 or more. The disclosures required under subsection (c) shall be submitted to the relevant contracting or grant officer and made publicly available through the Federal Procurement Data System or another centralized government database designated by the Administrator of General Services. The Secretary shall issue regulations to implement this section not later than 180 days after the date of enactment of this Act. These regulations may include exemptions for small businesses and provisions for pilot implementation prior to full enforcement.
Section 376
811. Additional amendments related to undefinitized contractual actions Section 3374(a) of title 10, United States Code, is amended— in the heading, by striking certain reduced; in paragraph (1), by striking and at the end; in paragraph (2), by striking the period at the end and inserting a semicolon; and by adding at the end the following new paragraphs: the increased cost risk of the contractor with respect to any costs incurred prior to the award of the undefinitized contractual action when such costs— would have been directly chargeable to the contract if incurred after the award of the contract; and were incurred to meet an anticipated contract delivery schedule or anticipated contract price targets of the Government under an acquisition strategy required under section 4211 of this title; and the increased cost risk of the contractor with respect to negotiations continuing for more than 180 days beginning on the date on which the contractor submitted the qualifying proposal to definitize such undefinitized contractual action. Section 3804 of title 10, United States Code, is amended— by striking subsection (b); by redesignating subsection (c) as subsection (b); and by adding at the end the following new subsection: If an undefinitized contractual action has not been definitized within 180 days after the contractor submitted a qualifying proposal to definitize such undefinitized contractual action, the contracting officer shall increase the rate of any applicable payments under section 3801 of this title on such undefinitized contractual action by 5 percent without requiring any additional consideration from such contractor. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to carry out sections 3374(a) and 3804 of title 10, United States Code, as amended by subsection (a). (3)the increased cost risk of the contractor with respect to any costs incurred prior to the award of the undefinitized contractual action when such costs—
(A)would have been directly chargeable to the contract if incurred after the award of the contract; and (B)were incurred to meet an anticipated contract delivery schedule or anticipated contract price targets of the Government under an acquisition strategy required under section 4211 of this title; and
(4)the increased cost risk of the contractor with respect to negotiations continuing for more than 180 days beginning on the date on which the contractor submitted the qualifying proposal to definitize such undefinitized contractual action.. (c)Adjustment to the rate of contract financingIf an undefinitized contractual action has not been definitized within 180 days after the contractor submitted a qualifying proposal to definitize such undefinitized contractual action, the contracting officer shall increase the rate of any applicable payments under section 3801 of this title on such undefinitized contractual action by 5 percent without requiring any additional consideration from such contractor..
Section 377
812. Modification to award amount for program to accelerate the procurement and fielding of innovative technologies Section 3604(c) of title 10, United States Code, is amended— in the subsection heading, by striking Maximum; and by inserting shall be greater than or equal to $10,000,000 and before shall not exceed.
Section 378
813. Other transaction authority reporting Section 4021 of title 10, United States Code, is amended by adding at the end the following new subsection: With respect to each use of the authority under this section, the Secretary of Defense shall ensure that such use— is reported in the same manner as other similar expenditures of the Department of Defense; and is included in the searchable website established under the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282; 31 U.S.C. 6101 note). (j)Reporting requirementsWith respect to each use of the authority under this section, the Secretary of Defense shall ensure that such use—
(1)is reported in the same manner as other similar expenditures of the Department of Defense; and (2)is included in the searchable website established under the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282; 31 U.S.C. 6101 note)..
Section 379
814. Amendment to procurement of services data analysis and requirements validation Section 4506 of title 10, United States Code, is amended— by repealing subsection (e); and in subsection (f)— by striking paragraphs (1) and (2); and by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.
Section 380
815. Acquisition thresholds for certain materials Section 4863 of title 10, United States Code, is amended by amending subsection (f) to read as follows: Subsection (a) does not apply to acquisitions in amounts not greater than $250,000. A proposed acquisition of an item subject to subsection (a) in an amount greater than $250,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1). On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register. Section 4872 of title 10, United States Code, as amended by section 816 of this Act, is further amended by inserting after subsection (f) (as added by such section) the following new subsection: Subsection (a)(1) does not apply to procurements in amounts not greater than $250,000. A proposed procurement of a material or item subject to subsection (a) in an amount greater than $250,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1). On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register. Section 4873 of title 10, United States Code, is amended by adding at the end the following new subsection: Subsection (a)(1) does not apply to acquisitions in amounts not greater than $10,000. A proposed acquisition of an item subject to subsection (a)(1) in an amount greater than $10,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1). On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register. (f)Exception for small purchases
(1)Subsection (a) does not apply to acquisitions in amounts not greater than $250,000. (2)A proposed acquisition of an item subject to subsection (a) in an amount greater than $250,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).
(3)On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.. (g)Exception for small purchases
(1)Subsection (a)(1) does not apply to procurements in amounts not greater than $250,000. (2)A proposed procurement of a material or item subject to subsection (a) in an amount greater than $250,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).
(3)On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.. (g)Exception for small purchases
(1)Subsection (a)(1) does not apply to acquisitions in amounts not greater than $10,000. (2)A proposed acquisition of an item subject to subsection (a)(1) in an amount greater than $10,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).
(3)On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register..
Section 381
816. Additional materials prohibited from non-allied foreign nations Section 4872 of title 10, United States Code, is amended— by redesignating subsection (f) as subsection (h); by inserting after subsection (e) the following new subsection: The Secretary of Defense shall submit to the congressional defense committees a notice of a designation under subsection (h)(1)(F) not later than 30 days prior to the date on which such designation is published in the Federal Register. The designation of a mineral, material, substrate, metal, or alloy as a covered material under subsection (h)(1)(F)— shall take effect on the date that is one year after the date on which the Secretary of Defense publishes a notice of such designation in the Federal Register and submits to the congressional defense committees the notice required under paragraph (1) with respect to such notice; and shall apply only with respect to contracts or other agreements entered into after the date on which such designation takes effect under subparagraph (A). in subsection (h), as so redesignated— in subparagraph (D), by striking and at the end; in subparagraph (E), by striking the period at the end and inserting ; and; and by adding at the end the following new subparagraph: any other mineral, material, substrate, metal, or alloy designated by the Secretary of Defense pursuant to a determination by the Secretary of Defense that such designation is in the interest of national security. (f)Covered material designation
(1)In generalThe Secretary of Defense shall submit to the congressional defense committees a notice of a designation under subsection (h)(1)(F) not later than 30 days prior to the date on which such designation is published in the Federal Register. (2)Effective dateThe designation of a mineral, material, substrate, metal, or alloy as a covered material under subsection (h)(1)(F)—
(A)shall take effect on the date that is one year after the date on which the Secretary of Defense publishes a notice of such designation in the Federal Register and submits to the congressional defense committees the notice required under paragraph (1) with respect to such notice; and (B)shall apply only with respect to contracts or other agreements entered into after the date on which such designation takes effect under subparagraph (A).; and (F)any other mineral, material, substrate, metal, or alloy designated by the Secretary of Defense pursuant to a determination by the Secretary of Defense that such designation is in the interest of national security..
Section 382
817. Extension of authority for pilot program for development of technology-enhanced capabilities with partnership intermediaries Section 851(e) of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 4901 note) is amended by striking September 30, 2025 and inserting September 30, 2028.
Section 383
818. Government Accountability Office bid protest process enhancement Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Supplement to the Federal Acquisition Regulation to establish procedures for a contracting officer of the Department of Defense to file a claim against a contractor that files a covered bid protest. The procedures required by paragraph (1) shall ensure the following: A claim described in paragraph (1) shall be filed in accordance with chapter 71 of title 41, United States Code. Any remedy shall be limited to the disgorgement of any profits and fees earned by the incumbent contractor in the performance of a covered contract during the disgorgement period. Amounts received as result of a claim described in paragraph (1) shall be credited to the fund or account that was used to cover the costs of the covered contract, or, if the period of availability of obligations for the appropriation from which such costs were paid has expired, to the appropriations of a fund or account 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. In this subsection: The term covered bid protest means a bid protest— that was filed with the Comptroller General of the United States by an incumbent contractor; that was dismissed by the Comptroller General based a lack of any reasonable legal or factual basis; and for which such dismissal was finally determined. The term covered contract means a contract with the Department of Defense entered into with the incumbent contractor for the acquisition of goods or services by the Department during the disgorgement period that are the same or substantially similar to goods or services to be acquired by the Department under the contract previously awarded to the incumbent contractor. The term disgorgement period means the period of performance under a contract that was awarded or extended because the Department of Defense received notice of a protest by the incumbent contractor and was prohibited from awarding a new contract during the pendency of such bid protest under section 3553(c) of title 31, United States Code. The term finally determined, with respect to the dismissal of a bid protest, means dismissal— was not appealed and is no longer appealable because the time for taking an appeal has expired; or was appealed and the appeals process for which is completed. The term incumbent contractor means a contractor under a contract with the Department of Defense for the acquisition of goods or services by the Department that are the same or substantially similar to goods or services to be acquired by the Department under a new or follow-on contract that is the subject of a covered bid protest. Section 3553 of title 31, United States Code, is amended— by amending subsection (c)(3) to read as follows: For the purposes of the written finding under paragraph (2)(A) with respect to a contract for a procurement by a component of the Department of Defense, the head of the procuring activity may make the finding under such paragraph for such contract if such head of the procuring activity determines that the performance of such contract would facilitate the national defense. in subsection (d)(3), by adding at the end the following new subparagraph: For the purposes of the determination under paragraph (2)(B) with respect to a contract for a procurement by a component of the Department of Defense, a contracting officer may not determine that immediate performance of such contract is not in the best interests of the United States if the contracting officer determines that performance of the contract would facilitate the national defense. (3)For the purposes of the written finding under paragraph (2)(A) with respect to a contract for a procurement by a component of the Department of Defense, the head of the procuring activity may make the finding under such paragraph for such contract if such head of the procuring activity determines that the performance of such contract would facilitate the national defense. ; and (D)For the purposes of the determination under paragraph (2)(B) with respect to a contract for a procurement by a component of the Department of Defense, a contracting officer may not determine that immediate performance of such contract is not in the best interests of the United States if the contracting officer determines that performance of the contract would facilitate the national defense..
Section 384
819. Report on the use of other transaction authority 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 use of follow-on production contracts or transactions under section 4022 of title 10, United States Code, during the period beginning on October 1, 2020, and ending on October 1, 2025. Such report shall include— the number of transactions for a prototype project awarded under the authority provided by such section 4022 during the period covered by the report; the number of transactions for a prototype project for which an option for a follow-on production contract or transaction was awarded during such period; for each follow-on production contract or transaction described in paragraph (2), a summary of current status of such contract or transaction, including overall performance of the contractor in execution of such contract or transaction and the total value of the award; an assessment of any trends or lessons learned that may be limit or prevent the use of follow-on production contracts or transactions under such section 4022; and any recommendations the Secretary may have to improve the use of follow-on production contracts or transactions under such section 4022 and to increase the number of prototype projects that successfully transition to production through such use.
Section 385
820. Application of certain documentation and oversight requirements to certain projects performed through other transaction authority With respect to each project performed through a transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 4021 or 4022 of title 10, United States Code, that meets the definition of a major defense acquisition program (as defined in section 4201 of such title 10), the requirements of section 4204(e) of such title 10 shall apply to such project.
Section 386
821. Prohibition on acquisition of information or communication technology from Chinese entities None of the funds made available by this Act may be used to acquire any information or communication technology, including computers, printers, and video conferencing equipment, from an entity— in which the People’s Republic of China have substantial ownership or controlling interest, directly or indirectly; that is a subsidiary or affiliate of an entity in which the People’s Republic of China have substantial ownership or controlling interest, directly or indirectly; or that is organized under the laws of or located in the People’s Republic of China and is to any law enacted by the government of the People’s Republic of China mandating the cooperation of such entity with any national defense or intelligence agency or organization of the People’s Republic of China or the Chinese Communist Part People's Liberation Army.
Section 387
822. Amendment to definition of conventional ammunition Section 806(c) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 3241 note prec.) is amended by striking , dated March 8, 1995. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Directive 5160.65 to change the definition of conventional ammunition management in such directive to include as conventional ammunition one way lethal or non-lethal armed/attack unmanned aerial vehicle/system (UAV/UAS).
Section 388
823. Prohibitions relating to covered distributed ledger technology and blockchain equipment or services The Secretary of Defense may not acquire, or enter into, extend, or renew a contract or other agreement for, any equipment, system, or service that uses covered distributed ledger technology and blockchain equipment or services as— a substantial or essential component of such equipment, system, or service; or critical technology as part of such equipment, system, or service. The Secretary of Defense may not obligate or expend loan or grant funds to acquire, or to enter into, extend, or renew a contract or other agreement for, any equipment, system, or service described in subsection (a). In implementing the prohibition under paragraph (1), the Secretary of Defense, in administering a loan, grant, or subsidy program, shall prioritize available funding and technical support to assist affected entities as is reasonably necessary for those affected entities to cease use of covered distributed ledger technology and blockchain equipment or services, to acquire replacement equipment and services, and to ensure that communications service to users and customers is sustained. Nothing in subsection (a) or (b) shall be construed to— prohibit the Secretary of Defense from acquiring from an entity, or entering into, extending, or renewing a contract or other agreement with an entity for, a service that connects to the facilities of a third party, such as blockchain protocols or interconnection arrangements; or apply to wireless telecommunications equipment or third-party validators that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. The prohibitions under subsections (a) and (b) shall take effect on the date that is two years after the date of the enactment of this Act. Except as provided in paragraph (2), beginning on the effective date under subsection (d), the Secretary of Defense may, upon request of an entity, issue a waiver of the requirements under subsection (a) with respect to such entity for a period of not more than two years. The Secretary may only provide a waiver under this subsection if the entity seeking the waiver— provides a compelling justification for the additional time to implement the requirements of this section; and submits to the Secretary, who shall not later than 30 days thereafter submit to the Committees on Armed Services of the Senate and the House of Representatives, a full and complete description of the presence of covered distributed ledger technology and blockchain equipment or services in the entity’s supply chain and a phase-out plan to eliminate such covered distributed ledger technology and blockchain equipment or services. Beginning on the effective date under subsection (d), a head of an element of the intelligence community may waive the requirements under subsection (a) if such head determines the waiver is in the national security interests of the United States. In this Act: The term covered distributed ledger technology and blockchain equipment or services means distributed ledger technology and blockchain equipment or services of or originating from a foreign adversary, including any of the following companies or subsidiaries thereof: The Blockchain-based Services Network. The Spartan Network. The Conflux Network. iFinex, Inc. Red Date Technology Co., Ltd. The term executive agency has the meaning given the term in section 133 of title 41, United States Code. The term foreign adversary has the meaning given such term in section 7.2 of title 15, Code of Federal Regulations. The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Section 389
824. Amendment to requirement for domestic stainless steel flatware and dinnerware Section 842 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 4862 note) is amended by striking subsection (c).
Section 390
831. Improvements to public-private talent exchange Section 1599g(f) of title 10, United States Code, is amended— by redesignating subparagraphs (A) through (F) of paragraph (2) as clauses (i) through (vi), respectively; by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; by inserting (1) before An employee; in subparagraph (B)(ii), as so redesignated, by striking 207,; in subparagraph (D), as so redesignated, by inserting , unless specifically directed to perform such work by written request of the Secretary after inherently governmental in nature; and by adding at the end the following new paragraph: An employee described under paragraph (1) that is directed to perform work that is considered inherently governmental in nature under subparagraph (D) of such paragraph shall be deemed to be an employee of the Department of Defense for purposes of section 207 of title 18, United States Code. (2)An employee described under paragraph (1) that is directed to perform work that is considered inherently governmental in nature under subparagraph (D) of such paragraph shall be deemed to be an employee of the Department of Defense for purposes of section 207 of title 18, United States Code..
Section 391
832. Modification to assignment period for critical acquisition positions Section 1734 of title 10, United States Code, is amended— in subsection (a)— in the subsection heading, by striking Three-year; in paragraph (1)— by striking paragraph (3) and inserting paragraph (4); and by inserting (or with respect to a program executive officer, six-year period) after three-year period; in paragraph (2), by striking A person inserting Except as provided in paragraph (3), a person; by redesignating paragraph (3) as paragraph (4); and by inserting after paragraph (2) the following new paragraph: An individual may not be assigned as a program executive officer (as described in section 1732 of this title) unless the individual executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position for a period of at least six years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (b). in subsection (b), by adding at the end the following new paragraph: The Secretary of Defense shall require that— a program executive officer be assigned in that position for a period of at least six years; and the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Acquisition and Sustainment jointly ensure that the requirement in subparagraph (A) does not negatively affect the consideration of an individual for promotion or otherwise impede the advancement of an individual to a position of higher responsibility. in subsection (d), by striking subsection (a)(2) or (b)(2) and inserting in subsection (a)(2), (b)(2), or (b)(3); and in subsection (e), by inserting (except for an individual assigned as a program executive officer) after serving in critical acquisition positions. (3)An individual may not be assigned as a program executive officer (as described in section 1732 of this title) unless the individual executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position for a period of at least six years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (b).; (4)The Secretary of Defense shall require that— (A)a program executive officer be assigned in that position for a period of at least six years; and
(B)the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Acquisition and Sustainment jointly ensure that the requirement in subparagraph (A) does not negatively affect the consideration of an individual for promotion or otherwise impede the advancement of an individual to a position of higher responsibility.;
Section 392
833. Development of the advanced manufacturing workforce Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 of this Act a working group to identify opportunities to address workforce shortages in advanced manufacturing career fields in the defense industrial base. The working group shall consist of members of the Defense Industrial Resilience Consortium with an interest in addressing workforce shortages in advanced manufacturing career fields in the defense industrial base. The working group shall— identify estimated workforce shortages in advanced manufacturing career fields in the defense industrial base, including such workforce shortages in the Department of Defense organic industrial base; identify career fields in advanced manufacturing and the associated skills and abilities that are required for such fields; and develop recommendations for— training, education, and career development programs, including mid-career programs, apprenticeships, internships, and summer camps, to prepare individuals for careers in advanced manufacturing; the establishment of public-private partnerships to provide workforce development activities, including identifying incentives for such partnerships for success in recruiting, training, and retaining individuals in careers in advanced manufacturing; and any policy changes needed to further the participation of individuals in the advanced manufacturing workforce of the defense industrial base. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing— any recommendations developed by the working group under subsection (c)(3); and a recommendation whether to continue or terminate the working group. In this section, the term advanced manufacturing means the manufacturing of products or the application and use of advanced technologies (including artificial intelligence, robotics, automation, 3D printing, and cyber-physical systems).
Section 393
834. Competitive acquisition leadership appointments The Secretary of Defense shall ensure that the eligibility for an acquisition leadership position associated with a joint research and development activity or a joint acquisition program is not limited by— the affiliation of an individual with a specific Armed Force; or whether an individual is a civilian employee of the Department of Defense or a member of the military. Nothing in this section shall be construed as impairing or otherwise affecting the authority of any component, element, or activity of the Department of Defense from considering the level of representation of an Armed Force, Federal agency, or organization of the Department in an acquisition program when determining whom to appoint to an acquisition leadership position under such acquisition program. In this section, the term acquisition leadership position means an acquisition position within the Department of Defense, as designated pursuant to section 1721(a) of title 10, United States Code, that is under an acquisition program of the Department and classified at or above grade O-5 (or equivalent).
Section 394
835. Development and employment of members of the Defense Civilian Training Corps Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in collaboration with the Secretaries of the military departments, shall identify career and developmental programs of the Department of Defense, including programs in which the Department participates, that— serve as recruitment and placement tools used to attract highly qualified individuals to and retain such individuals in careers as Federal employees in the civil service; and develop individuals into employees of the acquisition workforce who have strong professional, technical, managerial, and administrative competencies that meet the current and future mission needs of the acquisition system of the Department. The Under Secretary may, to the extent practicable, appoint members and Corps graduates to acquisition positions in the Department of Defense under the programs identified under subsection (a) to carry out the purpose of the Defense Civilian Training Corps described in section 2200g(b) of title 10, United States Code. The Under Secretary shall make appointments under subparagraph (A) using the authorities of and in accordance with the requirements of the program under which the Under Secretary is making such appointment. Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall establish a new program under which the Under Secretary may appoint Corps graduates to acquisition positions in the Department of Defense to carry out the purpose of the Defense Civilian Training Corps described in section 2200g(b) of title 10, United States Code, to the extent that the Under Secretary determines that the authority to make appointments under paragraph (1) is insufficient to make the appointments necessary to carry out such purposes. An appointment under subparagraph (A) shall be a one-year appointment to a position in the civil service in a component of the Department of Defense participating in the program established under such subparagraph, which may be renewed for one year not more than once. The Under Secretary may make appointments under the program established under subparagraph (A) to positions in the competitive service without regard to sections 3309 through 3318, 3327, and 3330 of title 5, United States. An individual appointed to a position under the program established under subparagraph (A) may be appointed to another position in the competitive service without regard to sections 3309 through 3318, 3327, and 3330 of title 5, United States, if— such individual has completed the term of the appointment of such individual under such program; such individual has not been involuntarily separated from service in the Federal Government for cause on charges of misconduct or delinquency; such individual has not been appointed to a position in the Federal Government after completing the term of the appointment of such individual under such program; and the date on which such individual completed the term of the appointment of such individual under such program is not more than one year prior to the date of the appointment under this clause. The Under Secretary shall pay the basic pay of individuals appointed to positions under paragraph (1) or under the program established under paragraph (2)(A) from the Defense Acquisition Workforce Development Account (section 1705 of title 10, United States Code) during the period described in subparagraph (B). The period described in this subparagraph is— with respect to an individual appointed to a position under paragraph (1), the period beginning on the date such appointment starts and ending on the earlier of the date that is one year after the date on which such appointment started or the date on which such individual ceases to hold such position pursuant to such appointment; and with respect to an individual appointed to a position under the program established under paragraph (2)(A), the period beginning on the date such appointment starts and ending on the earlier of the date on which such appointment ends or the date on which such individual ceases to hold such position pursuant to such appointment. 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, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report— describing the programs identified under subsection (a); describing the program established under subsection (b)(2)(A); with an estimate of the funding necessary to fulfill the requirements of this section, for each fiscal year through fiscal year 2030; providing recommendations for any changes in policy or regulation necessary to enable the programs identified under subsection (a) and the program that may be established under subsection (b)(2)(A) to develop members and Corps graduates into employees of the acquisition workforce who have strong professional, technical, managerial, and administrative competencies that meet the current and future mission needs of the acquisition system of the Department; and any other recommendations of the Secretary for strengthening or improving the program established under subsection (b)(2)(A). In this section: The term acquisition position means a position designated as an acquisition positions by the Secretary of Defense pursuant to section 1721(a) of title 10, United States Code. The terms acquisition workforce and military departments have the meanings given such terms, respectively, in section 101(a) of title 10, United States Code. The term Corps graduate means an individual who successfully graduated from the Defense Civilian Training Corps. The term Defense Civilian Training Corps means the Defense Civilian Training Corps program established under section 2200g of title 10, United States Code. The term member means a student at an accredited civilian educational institution who is enrolled in the Defense Civilian Training Corps. The term Under Secretary means the Under Secretary of Defense for Acquisition and Sustainment.
Section 395
836. Reform of contractor performance information requirements The Secretary of Defense shall revise part 242.15 of the Department of Defense Supplement to the Federal Acquisition Regulation to establish an objective, fact-based, and simplified system for reporting contractor performance. The revised system shall— focus exclusively on negative performance events that are measurable to reduce subjectivity and inconsistency in evaluations; create a level playing field for commercial entities, subcontractors, and new entrants that do not have extensive past performance records to compete for Department of Defense contracts; reduce the administrative burden on contracting officers by limiting reporting to significant failures or poor performance; establish standardized templates for reporting negative performance events and calculating composite scores; and ensure the Government can identify and avoid contractors with a history of poor performance or bad actions. The Secretary of Defense shall revise part 242.15 of the Department of Defense Supplement to the Federal Acquisition Regulation and related guidance, including the Contractor Performance Assessment Reporting System (or a successor system) (in this section referred to as CPARS), to eliminate subjective performance ratings for contracts subject to such part. A contracting officer shall only include negative performance events that have a material impact on contract performance or Government interests in CPARS and shall exclude positive or neutral performance assessments, except as necessary to provide context for an included negative performance event. A contracting officer shall report in CPARS negative performance events within 30 days after verifying the event. A contracting officer shall categorize negative performance events reported under paragraph (2) in one of the following areas: Failures related to innovation, technical development, or prototype delivery. Failures related to manufacturing, quality control, or delivery of products. Failures related to maintenance, logistics, or support services. Failures related to professional, administrative, or operational services. Failures related to software, hardware, cybersecurity, or information technology systems. A contracting officer is not required to conduct an annual or periodic performance evaluation of a contractor unless the contracting officer has verified a negative performance event of such contractor. The Secretary of Defense shall consider a negative performance event and the score associated with such event (as calculated under subsection (f)) in source selection evaluations to assess contractor risk and responsibility.The absence of negative performance events for an offeror, including an offer that is a nontraditional defense contractor or a new entrant, shall not be considered a deficiency in past performance evaluations. Such offerors shall be evaluated based on technical capability, price, and other relevant factors. The Secretary of Defense shall establish a standardized scoring mechanism to normalize negative performance events of a contractor based on the number of transactions and the dollar value of contracts performed by the contractor. The Secretary shall ensure that— a composite score for each contractor is included in CPARS, along with any negative performance events used in source selection to assess past performance risk; and CPARS is programmed to automatically calculate scores based on data entered by contracting officers, including the number of transactions and the dollar value of contracts performed by the contractor. The Secretary shall ensure that contractors— have access to composite scores and the underlying data through CPARS; and may submit comments or rebuttals to reported negative performance events or scores, which shall be maintained in CPARS for consideration in source selection. A contracting officer shall report the following negative performance events: Delivery of products failing to meet contract requirements, as verified by Government inspection reports, quality assurance records, or testing results. Failure to meet contract delivery schedules, as documented in contract milestones, delivery orders, or Government records. Incorrect or unauthorized markings on technical data or software, or improper assertions of restrictive rights, as verified by Government review or legal findings. Submission of inaccurate, incomplete, or misleading cost or pricing data, as identified through audits by the Defense Contract Audit Agency or other Government authorities. Failure to include mandatory contract clauses in subcontracts, as verified by contract reviews or audits. Submission of false claims, fraudulent invoices, or misrepresentations, as substantiated by investigations, legal findings, or Government records. Failure to comply with safety, environmental, or other regulatory requirements, as documented by Government inspections or citations. Failure to meet cybersecurity requirements or significant breaches caused by contractor negligence, as verified by Government records. Any other negative performance event, as determined by the Secretary of Defense, that is based on verifiable data or objective evaluations and for which the Secretary publishes criteria in the Department of Defense Supplement to the Federal Acquisition Regulation. The Secretary of Defense shall develop and provide training for contracting officers on the following: Identifying, verifying, and reporting negative performance events. The use of objective evidence and the exclusion of subjective judgments in reporting negative performance events. Entering data for creating a score in CPARS. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall modify CPARS to include the following functions: The categorization of negative performance events. Elimination of fields for subjective ratings. Automatically calculate composite scores based on reported data. A mechanism for contractors to review and respond to reported events and scores. With respect to a contract awarded before the effective date of the revision to the Department of Defense Supplement to the Federal Acquisition Regulation required by subsection (a), a contracting officer for such contract may complete CPARS evaluations under the prior system until the contract is closed or terminated. Not later than January 15, 2026, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and House of Representatives a report on the implementation of this section. Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the revised CPARS that includes the following: The effectiveness of CPARS to carry out the requirements of this section. The accuracy and fairness of the scoring mechanism developed under subsection (d). The effect of the modifictions made by this section on competition and participation of nontraditional defense contractors in contracts of the Department of Defense. This section and the requirements of this section shall take effect 180 days after the date of the enactment of this Act. In this section: The term negative performance event means a verifiable instance of contractor failure or poor performance as described in subsection (e). The term nontraditional defense contractor has the meaning given in section 3014 of title 10, United States Code. The term verifiable data means objective evidence documented in contract records, inspection reports, audits, correspondence, or other Government records that substantiate a negative performance event.
Section 396
837. Restructuring of performance evaluation metrics for the acquisition workforce Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement mandatory key performance indicators (in this section referred to as KPIs) for evaluating members of the acquisition workforce (as defined in 10 USC 101). Such KPIs shall be used to assess the degree of alignment between activities of such members and strategic priorities of the Department of Defense, including— use of commercial acquisition methods, including the use of fixed-price contracts under terms and conditions similar to those used for commercial contracts; use of innovative acquisition authorities; demonstrated preference for commercial solutions; integration of 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) into the defense industrial base; demonstrated cost and schedule efficiencies; use of milestone-based, modular open system approaches (as defined in section 4401 of title 10, United States Code, as amended by section 1833 of this Act) and capabilities-based pricing; and use of the authorities under chapter 253 of title 10, United States Code, and similar tools aimed at streamlining and improving the acquisition process for the Department of Defense. The KPIs described in subsection (a) shall be integrated into— annual performance appraisals for members of the acquisition workforce; promotion, bonus, and assignment consideration for acquisition positions; and requirements for certification, training, and continuing education under chapter 87 of title 10, United States Code. Beginning not later than 365 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a semiannual report on— progress in implementing KPIs required by this section; compliance rates by each element of the Department of Defense; any barriers to implementation; and recommendations for additional legislative authorities to carry out the requirements of this section. For purposes of this section: The term commercial solutions means any method for procurement of a commercial product or commercial service as described in part 12 of the Federal Acquisition Regulation, subparts 212.2 and 212.70 of the Department of Defense Supplement to the Federal Acquisition Regulation, or any product, service, or other solution developed by a private entity and funded by private investment that meets the needs of the Department of Defense. The term innovative acquisition authorities means— the authority under section 4021 and 4022 of title 10, United States Code; authority to use commercial solutions opening contracts pursuant to section 3458 of such title 10; application of policies of a rapid capabilities office of a military department; or any other streamlined acquisition authority. It is the sense of Congress that fostering a risk-tolerant, innovation-forward culture in the defense acquisition workforce is essential to maintaining the United States technological and military advantage. Accordingly, the Department of Defense shall prioritize the cultivation of acquisition professionals who can effectively leverage commercial technology, deliver digital capabilities at speed, and expand the industrial base beyond traditional vendors.
Section 397
838. Ensuring Department of Defense contractor compliance with disability hiring goals For each of fiscal years 2026 through 2029, the Secretary of Defense shall conduct an audit of the compliance of the contractors of the Department of Defense with the 7-percent utilization goal for employment of qualified individuals with disabilities by contractors established by the Office of Federal Contract Compliance Programs of the Department of Labor under section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793). Not later than 5 months after the end of a fiscal year for which the Secretary of Defense was required to conduct an audit under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the findings of such audit.
Section 398
839. Comptroller General review of matters relating to individuals assigned to a critical acquisition position The Comptroller General of the United States shall— conduct a review of the education, training, and career development programs offered by the Secretary of Defense for members of the acquisition workforce; and conduct an assessment of the efficacy of the career development policies established by section 1734 of title 10, United States Code. In conducting the review required by this section, the Comptroller General shall— review the compliance of the Secretary with the requirements of section 1734 of title 10, United States Code; and conduct an assessment of the efficacy of the career development policies and minimum periods of assignment established by such section 1734 in— improving the ability of the acquisition workforce to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable; enhancing the knowledge and experience of the acquisition workforce; enabling competitive career progression of members of the acquisition workforce compared to other members of the civilian and military workforce of the Department of Defense that are not subject to the minimum periods of assignment established by such section 1734; and the retention rates of members of the acquisition workforce assigned to a critical acquisition position, particularly key leadership positions (as defined by the Under Secretary of Defense for Acquisition and Sustainment), compared with the retention rates for other members of the civilian and military workforce of the Department of Defense that are not subject to the minimum periods of assignment established by such section 1734; and conduct an assessment of any benefits, including enhanced accountability in leadership and decisionmaking by individuals in key leadership positions, of a minimum period of assignment of at least four years to a critical acquisition position. Not later than July 1, 2026, the Comptroller General shall submit to the congressional defense committees recommendations on— improvements to education, training, and career development programs offered by the Secretary of Defense for members of the acquisition workforce; and minimum periods of assignment for an individual assigned as a program executive officer.
Section 399
840. Comptroller General review of the management, training, and development of the acquisition workforce The Comptroller General of the United States shall conduct a review of the management, training, and development of the acquisition workforce to enable the acquisition workforce to expeditiously provide the Armed Forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable. In conducting the review required by subsection (a), the Comptroller General shall evaluate the following: The current organization and staffing of the acquisition workforce, including the total number of positions in the acquisition workforce, a list of such positions disaggregated by the skills and experience required, and the number of such positions that are vacant or are filled by an individual whose skills and experience do not meet the required skills and experience for such position. The sufficiency of the processes and authorities of the Department of Defense for recruiting and retaining the acquisition workforce, and the use of such authorities to maintain an acquisition workforce that is optimized to meet mission requirements. Trends in acquisition workforce hiring and retention over the preceding five years. The impediments to members of the acquisition workforce receiving training and education, including any lack of funding, unavailability of required or desired training, and excessive workload demands that preclude such members from being able to attend such training. Not later than April 1, 2026, the Comptroller General shall submit to the congressional defense committees a report on the findings of the review required by subsection (a), including any recommendations to improve the management, training, and development of the acquisition workforce. In this section, the term acquisition workforce has the meaning given such term in section 101(a) of title 10, United States Code.
Section 400
841. Report on strengthening the Defense Acquisition University The Secretary of Defense, acting through the Director of the Acquisition Innovation Research Center, shall conduct a comprehensive assessment of the Defense Acquisition University (in this section referred to as DAU) to strengthen the ability of the DAU to train and develop members of the acquisition workforce to meet future needs of the Department of Defense. The assessment shall include the following: An evaluation of the mission of the DAU and the alignment of such mission with the objectives of the defense acquisition system established pursuant to section 3102 of title 10, United States Code (as added by this Act). An evaluation of the effectiveness of training and development provided by DAU to members of the acquisition workforce to enable such members to effectively implement the objectives of the defense acquisition system. The assessment in paragraph (1) shall evaluate the following: The organization and structure of DAU. The curriculum and educational offerings of DAU. The composition of the staff and faculty of DAU, including an assessment of the diversity of skills, abilities, and professional backgrounds of such staff and faculty. The sufficiency of resource and funding mechanisms supporting DAU operations. The extent to which DAU uses external experts and academic institutions to inform and enhance its programs. The Director of the Acquisition Innovation Research Center shall use the assessment required under this section and the objectives of the defense acquisition system to provide to the Secretary of Defense recommendations to strengthen the ability of the DAU to train and develop members of the acquisition workforce to meet future needs of the Department of Defense. 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 containing— the findings of the assessment conducted under subsection (a) and the recommendations provided under subsection (c); any actions necessary to ensure that DAU fulfills its mission and provides training and development to members of the acquisition workforce that aligns with the objectives of the defense acquisition system. In this section: The term Acquisition Innovation Research Center means the acquisition research organization within a civilian college or university that is described under section 4142(a) of title 10, United States Code. The term acquisition workforce has the meaning given in section 101 of title 10, United States Code.
Section 401
851. Repeal of exception for small purchases under the Berry Amendment Section 4862 of title 10, United States Code, is amended— in subsection (a), by striking subsections (c) through (h) and inserting subsections (c) through (g); and by amending subsection (h) to read as follows: The Secretary of Defense shall establish a committee to— provide oversight of the implementation of the requirements of this section; and ensure compliance with the requirements of this section. (h)Oversight committeeThe Secretary of Defense shall establish a committee to— (1)provide oversight of the implementation of the requirements of this section; and
(2)ensure compliance with the requirements of this section..
Section 402
852. Supply chain illumination incentives Section 849 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 3241 note prec.) is amended— in subsection (a), by striking to assess and monitor and all that follows and inserting the following: to implement and use supply chain illumination meeting the minimum qualifying criteria determined by the Secretary under subsection (c).; and by adding at the end the following new subsections: The Secretary of Defense shall establish minimum qualifying criteria for supply chain illumination for contractors of the Department of Defense. Not later than April 1, 2026, the Secretary of Defense shall publish in the Federal Register a notice of the minimum qualifying criteria established under paragraph (1). If a contractor discloses to the relevant contracting officer that a covered end item was or will be provided by such contractor to the Department of Defense under a contract or other agreement, such contracting officer may continue to accept and pay for delivery of such covered end item until a waiver authorized under each applicable covered statute with respect to such covered end item is granted or denied if— such contractor has supply chain illumination that meets the minimum qualifying criteria established by the Secretary of Defense under subsection (c); and such contracting officer determines that such covered end item— other than a prohibition on acquisition under a covered statute applying to such covered end item, satisfies the requirements of the contract or other agreement; and does not pose a risk to security or safety. A contractor of the Department of Defense shall, upon identifying a nonconforming item in a covered end item that was or will be provided by such contractor to the Department under a contract or other agreement, immediately begin taking corrective action with respect to the inclusion of such nonconforming item in such covered end item in accordance with such contract or other agreement and the relevant procedures of the Department. The corrective action described in paragraph (1) with respect to a nonconforming item in a covered end item shall include the contractor using reasonably expedient means to identify, and if necessary, qualify an alternative supplier to provide materials or goods to use in place of such non-conforming item in such end item. In this section: The term covered statute means— section 4863 of this title; section 4872 of this title; section 805 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.); or section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 4651 note prec.). The term covered end item means an end item the acquisition of which is prohibited under a covered statute based on a nonconforming item that is contained in or a component of such end item, except that such term does not include an end item that is a non-conforming item. The term end item has the meaning given such term in section 4863(m) of this title. The term nonconforming item means a material or good the inclusion of which in an end item causes the acquisition of such end item to be prohibited under a covered statute. The term supply chain illumination means policies, procedures, and tools, including analytical tools that leverage large data and machine learning, enabling such contractor to assess and monitor the entire supply chain of such contractor to identify potential vulnerabilities and security and noncompliance risks with respect to goods and services provided to the Department of Defense. Not later than one year after the date of the enactment of this Act, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing each use of the authority under section 849(d) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 3241 note prec.), as added by subsection (a). (c)Supply chain illumination minimum qualifying criteria
(1)In generalThe Secretary of Defense shall establish minimum qualifying criteria for supply chain illumination for contractors of the Department of Defense. (2)Public noticeNot later than April 1, 2026, the Secretary of Defense shall publish in the Federal Register a notice of the minimum qualifying criteria established under paragraph (1).
(d)Expedited acceptance proceduresIf a contractor discloses to the relevant contracting officer that a covered end item was or will be provided by such contractor to the Department of Defense under a contract or other agreement, such contracting officer may continue to accept and pay for delivery of such covered end item until a waiver authorized under each applicable covered statute with respect to such covered end item is granted or denied if— (1)such contractor has supply chain illumination that meets the minimum qualifying criteria established by the Secretary of Defense under subsection (c); and
(2)such contracting officer determines that such covered end item— (A)other than a prohibition on acquisition under a covered statute applying to such covered end item, satisfies the requirements of the contract or other agreement; and
(B)does not pose a risk to security or safety. (e)Contractor responsibility (1)Immediate corrective actionA contractor of the Department of Defense shall, upon identifying a nonconforming item in a covered end item that was or will be provided by such contractor to the Department under a contract or other agreement, immediately begin taking corrective action with respect to the inclusion of such nonconforming item in such covered end item in accordance with such contract or other agreement and the relevant procedures of the Department.
(2)Alternative suppliersThe corrective action described in paragraph (1) with respect to a nonconforming item in a covered end item shall include the contractor using reasonably expedient means to identify, and if necessary, qualify an alternative supplier to provide materials or goods to use in place of such non-conforming item in such end item. (f)DefinitionsIn this section:
(1)The term covered statute means— (A)section 4863 of this title;
(B)section 4872 of this title; (C)section 805 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.); or
(D)section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 4651 note prec.). (2)The term covered end item means an end item the acquisition of which is prohibited under a covered statute based on a nonconforming item that is contained in or a component of such end item, except that such term does not include an end item that is a non-conforming item.
(3)The term end item has the meaning given such term in section 4863(m) of this title. (4)The term nonconforming item means a material or good the inclusion of which in an end item causes the acquisition of such end item to be prohibited under a covered statute.
(5)The term supply chain illumination means policies, procedures, and tools, including analytical tools that leverage large data and machine learning, enabling such contractor to assess and monitor the entire supply chain of such contractor to identify potential vulnerabilities and security and noncompliance risks with respect to goods and services provided to the Department of Defense..
Section 403
853. Modification to enhanced domestic content requirement for major defense acquisition programs Section 835(c) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended to read as follows: In this section, the term major defense acquisition program has the meaning given in section 4201 of title 10, United States Code, except that such term includes any program that meets the meaning given in such section as in effect on January 1, 2025. (c)Major defense acquisition programIn this section, the term major defense acquisition program has the meaning given in section 4201 of title 10, United States Code, except that such term includes any program that meets the meaning given in such section as in effect on January 1, 2025..
Section 404
854. Strategy to eliminate sourcing of optical glass from certain nations The Secretary of Defense shall develop and implement a strategy to eliminate the reliance of the Department of Defense on any covered nation to acquire optical glass or optical systems by January 1, 2030. The strategy required by subsection (a) shall— identify the current requirements of the Department of Defense for optical glass and optical systems and estimate the projected requirements of the Department for optical glass and optical systems through the year 2040; identify the sources of optical glass or optical systems used to meet the current requirements of the Department described in paragraph (1), including any sources of optical glass or optical glass systems produced in a covered nation; and identify actions to be taken by the Secretary of Defense to ensure the defense industrial base is able to meet the needs of the Department for optical glass and optical systems without any reliance on a covered nation not later January 1, 2030. Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall begin implementing the strategy required by subsection (a). 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 briefing on the strategy required by subsection (a), including an identification of any changes to funding or policy required to eliminate the reliance of the Department of Defense on any covered to acquire optical glass or optical systems by January 1, 2030. Not later than March 15, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the implementation of the strategy required by subsection (a), including an identification of any risk to the ability of the Secretary to eliminate the reliance of the Department of Defense on any covered nation to acquire optical glass or optical systems by January 1, 2030. In this section: The term covered nation means— the Democratic People's Republic of North Korea; the People's Republic of China; the Russian Federation; the Republic of Belarus; and the Islamic Republic of Iran. The term optical glass means glass used in optical lenses, prisms, or mirrors. The term optical system means an arrangement of optical components, including optical glass, that manipulates light to produce a specific outcome.
Section 405
855. Voluntary registration of compliance with covered sourcing requirements for covered products The Secretary of Defense shall establish and maintain a publicly available online repository of information provided by an offeror related to the conformance of a covered product with covered sourcing requirements. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process under which an offeror may voluntarily submit to the Secretary an attestation relating to the compliance of a covered product with a covered sourcing requirement. Such process shall— be accessible online; require an offeror to acknowledge liability for making a false attestation in accordance with section 3729 of title 31, United States Code; and enable an offeror to register a covered product with the Secretary of Defense by providing— a unique product identifier sufficient to distinguish the covered product to be registered from a similar covered product; a national stock number (if available), a description of the covered product, or other information related to the form, fit, or function of the covered product; and an attestation, including relevant documentation, of the compliance of a covered product with one or more covered sourcing requirements. The Secretary shall issue to an offeror that registers a covered product in accordance with the process established under subsection (b)(3) a proof of registration associated with a the unique product identifier of the covered product. The proof of registration may be used— by the offeror in sales and marketing materials associated with the registered covered product; or by a prime contractor that uses such registered covered product as a part or component of an end item. The Secretary shall make available the information necessary to enable offerors to assess the compliance of a covered product with a covered sourcing requirement. The Secretary shall ensure that an eligible entity has adequate resources to train offerors about the requirements of this section and to assist an offeror with the registration and attestation process established under subsection (b). The Secretary shall establish policies and procedures to encourage offerors to register covered products. These policies and procedures shall ensure that— offerors are incentivized to disclose any noncompliance with the requirements of this section; with respect to any disclosure made under paragraph (1), that such offeror is provided with information and assistance to determine the actions required to remedy such noncompliance in order to meet the criteria to register the product concerned; and an offeror making such a disclosure will receive a referral to the appropriate programs or offices of the Department of Defense that are responsible for strengthening the defense industrial base, promoting domestic industry, and accelerating private investment in supply chain technologies that are critical for national security. The Secretary shall encourage an offeror to implement and use supply chain illumination (as defined in section 849 of the National Defense Authorization Act for Fiscal Year 2025, as amended by section 852 of this Act) to assist in meeting the registration and attestation requirements established under subsection (b). In this section: The term covered product means— a good offered for purchase to the Secretary of Defense; and subject to a covered sourcing requirement. The term covered sourcing requirement means a requirement under any of the following: Section 4872 of title 10 United States Code. Section 4863 of title 10, United States Code. Section 4862 of title 10, United States Code. Section 4864 of title 10, United States Code. Chapter 83 of title 41, United States Code. Section 846 of the National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 4864 note). Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 4651 note prec.). Section 225.7004-5 of the Department of Defense Supplement to the Federal Acquisition Regulation (relating to restrictions on procurement of welded shipboard anchor and mooring chain). Section 225.7011 of the Department of Defense Supplement to the Federal Acquisition Regulation (relating to restrictions on procurement of carbon, alloy, or armor steel plates). Section 225.7012 of the Department of Defense Supplement to the Federal Acquisition Regulation (relating to restrictions on procurement of supercomputers). The term eligible entity means an eligible entity carrying out activities pursuant to a procurement technical assistance program funded under chapter 388 of title 10, United States Code.
Section 406
856. Acceleration of qualification of compliant sources Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group for the exchange of information about compliant materials and to accelerate the qualification of such materials for use by the Department of Defense and the integration of such materials into the supply chains of contractors of the Department of Defense. Except as provided in subparagraph (B), the working group shall consist of members of the Defense Industrial Resilience Consortium with expertise or interest in— the qualification and acceptance of materials, parts, components and end items by the Department of Defense; supply chain management; or supply chain illumination. The Secretary may exclude from participation in such working group any individual or entity that— is headquartered within, owned or controlled by, or subject to the influence of a covered nation; is functioning as the agent of any foreign State; or is otherwise determined by the Secretary to be a significant threat to the national security interests of the United States. The working group shall— establish processes for exchange of information about compliant materials among consortium members, procurement agents of the Department of Defense, and contractors of the defense industrial base, while maintaining appropriate safeguards of commercially proprietary information; develop processes and procedures to streamline identification, testing, and qualification of compliant sources and compliant materials; seek to reduce the unnecessary application of requirements that specific to a single Armed Force for identification, testing, and qualification of compliant sources and compliant material; provide a forum for the Army, Navy, Air Force, Marine Corps, and Space Force and other elements of the Department of Defense to share technical and supply chain data related to requirements for covered materials; identify compliant sources at each step of the supply chain, to the extent that such supply chains are subject to subchapter III of chapter 385 of title 10, United States Code; at least once a quarter, publish for the members of the consortium and for the Under Secretary of Defense for Acquisition and Sustainment, a list of compliant sources for each critical material, including a general description of what step of the supply chain in which each compliant source is participating, if any; develop and recommend processes to enable the Department of Defense to rapidly identify, qualify, and integrate compliant materials into programs of the Department at scale; seek to reduce future requirements for critical materials in defense systems by encouraging contractors of the Department of Defense to design and develop systems that use commercially available critical materials, when such materials are capable of meeting mission needs; seek input from small and nontraditional contractors and ensure the working group considers the unique attributes of such businesses in carrying out the responsibilities of this subsection; develop and provide recommendations to reduce impediments or disincentives for a supplier of an end item to the Department of Defense to revise a supply chain agreement or other arrangement, to eliminate the reliance of the supplier on noncompliant sources; any other matters assigned to the working group by the Secretary; and provide the Secretary with timely recommendations developed pursuant to this section. Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and implement guidance to ensure that critical materials from noncompliant sources that are present in covered systems of the Department of Defense are identified and replaced as rapidly as practicable with compliant materials. The guidance required by (1) shall— ensure that a supplier of an end item is actively managing the supply chain, and shall address impediments or disincentives for the supplier to revise a supply chain agreement or other arrangement to eliminate the supplier’s reliance on noncompliant sources; require the use of compliant sources included on the list required by paragraph (a)(3)(F), where appropriate; require use of commercial qualification processes to the maximum extent practicable in determining whether a new supplier is capable of meeting defense requirements; minimize the number of qualification events required, including minimizing the use of real-world testing, when replacing components or raw materials with functionally identical commercial offerings; provide for waiver of defense-unique qualification requirements, including operational test and evaluation processes, unless compliance with such requirements is determined to be essential by the head of the contracting activity: and prohibit additional testing of the end item if a component or subcomponent has shown to have substantially similar or identical performance after replacement of a noncompliant critical material with a compliant critical material, except where the service acquisition executive determines otherwise. The Secretary of Defense shall deem that any acquisition of a critical material, by the Department, a contractor to the Department, or a subcontractor at any tier, from a supplier of critical materials that is included on the list required by paragraph (a)(3)(F), is in compliance with the requirements of subchapter III of chapter 385 of this title, if— the supplier of a critical material was on the most recent such list of compliant sources for such critical material at the time the acquisition contract or other agreement was entered into; the supplier is included on such a list not less frequently than once every two years during the period beginning on the date on which such contract or other agreement is entered into and ending on the date on which such contract or other agreement expires or terminates; and it would have created an unreasonable hardship, including an interruption of needed supplies or significantly different cost, for the acquiring entity to switch suppliers to a compliant source during the time between the signing of the contract or other agreement and the time of delivery under such contract or other agreement. The service acquisition executive for each service or agency shall, for each program under supervision of such service acquisition executive, identify the individual responsible for establishing the statement of work and qualification requirements associated with the replacement of components or raw materials critical materials from noncompliant sources in covered systems as required by this section. The Secretary shall ensure that the guidance required by this subsection applies to commercial products and commercial off-the-shelf items to the extent that the requirements of chapter 385 of title 10, United States Code, apply to commercial products and commercial off-the-shelf items. Notwithstanding section 4872(a) of title 10, United States Code, the Department of Defense is authorized to procure a covered material stockpiled in an allied or partner nation if such covered material has been under uninterrupted control by an entity in such allied or partner nation since 2000. Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget submitted by the President to Congress under section 1105 of title 31, United States Code, for a fiscal year, the Under Secretary of Defense for Acquisition and Sustainment, in collaboration with the service acquisition executives of the military departments, shall submit to the congressional defense committees a comprehensive estimate of the funds necessary to provide for the qualification and integration of compliant sources into the covered systems of each military department. In this section: The term compliant country means a country that is not a covered nation. The term compliant source means an entity engaged in the production, manufacture, or distribution of a critical material that is compliant with the requirements of subchapter III of chapter 385 of title 10, United States Code. The term compliant material means critical material that is sourced from a compliant source. The term covered nation has the meaning given such term in section 4872(h) of title 10, United States Code (as redesignated by this Act). The term covered system means an end item that is currently in production or has been delivered to the Department of Defense. The term critical material means a material subject to sourcing restrictions under subchapter III of chapter 385 of title 10, United States Code. The term end item has the meaning given such term in section 4863 of title 10, United States Code. The term service acquisition executive has the meaning given such term in section 101(a) of title 10, United States Code. The term working group means the working group established under subsection (a).
Section 407
857. Enhanced security strategy for private fifth generation information and communications capabilities Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall require a contractor for a procurement related to fifth-generation wireless technology for private networks on military installations to provide the information described in subsection (b) to promote enhanced wireless network security requirements, including supply chain risk management. The information described in this subsection is as follows: A hardware bill of materials for a procurement described in subsection (a). A description of the implementation and operational use of zero trust principles and capabilities for such procurement. With respect to a procurement described in subsection (a), the Secretary shall prioritize the use of private networks that employ Open-RAN approaches, including cloud-native capabilities. In this section: The term military installation has the meaning given in section 2801 of title 10, United States Code. The term Open-RAN means section 9202 of title XCII of the National Defense Authorization Act for Fiscal Year 2021.
Section 408
858. Preference for domestic procurement of professional services Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation— to require, to the maximum extent practicable and consistent with the interests of national security, preference for procurement of professional services from offerors that are United States companies; and to allow the Secretary discretion to waive the requirements of paragraph (1) if the Secretary determines that— compliance with such requirements would result in the Department of Defense failing to meet an urgent operational requirement; or no United States company or qualifying joint venture is capable of fulfilling the requirements of the contract in a timely or cost-effective manner. A waiver described in subsection (a)(2) shall be issued in writing, shall include a justification for such issuance, and shall be submitted to the congressional defense committees not later than 30 days after such issuance. In this section: The term United States company means an entity that— is organized under the laws of a State, territory, or possession of the United States or the District of Columbia; has its principal place of business in the United States; and is not directly or indirectly owned or controlled by a foreign entity The term professional services includes services in the fields of engineering, architecture, design, environmental consulting, financial consulting, program management, legal advisory, and other expert services as defined in the Federal Acquisition Regulation. The term qualifying joint venture means a joint venture in which a United States company holds an ownership interest greater than 50 percent.
Section 409
859. Shipping container supply chain The Congress finds the following: House Report 118–301 accompanying the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) directed the Secretary of the Army, in coordination with the Commanding General, Army Materiel Command and the Assistant Secretary of the Army for Acquisition, Logistics, and Technology to provide a briefing on the costs and estimated funding profile as it relates to the organic industrial base modernization strategy, and facility efforts required to support opportunities for organic industrial base augmentation at Blue Grass Army Depot in Kentucky. The briefing was directed to explore Blue Grass Army Depot as a potential site for the production of metal shipping containers. China produces most shipping containers and the Department of Defense sources nearly all containers from Asia or assembles container kits in the United States from foreign-producers. Establishing a domestic source for metal shipping containers would reduce reliance on foreign sources. The reliance on foreign adversary nations for standard and specialty shipping containers presents a national security risk, particularly in times of crisis. The Department of Defense must have access to domestically produced shipping containers to meet operational readiness and logistical requirements. The defense industrial base must be strengthened to ensure secure supply chains and uninterrupted access to critical shipping components. Establishing domestic production facilities will create jobs, improve economic resilience, and enhance national security. Domestic production of shipping containers is essential to national security and economic resilience. To ensure the integrity of the defense industrial base, shipping containers procured under this Act should be manufacturing in the United States by domestic entities using domestically produced steel and other critical materials and components. Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to Congress an assessment on the national security implications of the reliance of the United States on foreign adversary countries for the production of standard and specialty shipping containers. The assessment required by paragraph (1) shall include— a detailed evaluation of the ability of the Department of Defense to acquire standard and specialty shipping containers from sources other than sources located in covered nations (as defined in section 4872 of title 10, United States Code); an identification of the barriers to the acquisition of standard and specialty shipping contains from domestic sources and recommendations to mitigate such barriers; and a timeline for transitioning the Department to acquiring standard and specialty shipping containers from sources other than sources located in foreign adversary. Not later than December 31, 2028, the Secretary of Defense shall develop a requirement to establish a facility for the production of standard shipping containers at a depot of the Army that— has a consolidated shipping center; is part of the organic industrial base; and is located in the United States. The Secretary of Defense shall seek to enter into a public-private partnership to establish and operate the facility established pursuant to the requirement developed under subparagraph (A). Not later than December 31, 2028, the Secretary shall evaluate locations to establish a second facility for the production of standard shipping containers that is located in the United States. The Secretary of Defense shall quantify the yearly demand and usage by the Department of Defense for the eight standard shipping container types, including— bill of materials verification; and model and drawing verification. The Secretary of Defense shall assess the yearly readiness and logistical requirements of the Department of Defense for specialty shipping containers by weapons system. Not later than 180 days after the enactment of this Act, the Secretary of Defense shall assess and submit to Congress a report on the potential benefits of incorporating into the design and production of standard and specialty shipping containers used by the Department of Defense a diverse set of communications equipment and sensors that are capable of providing real-time data on location, contents, usage, and other critical information relevant to national defense purposes. The report required by subparagraph (A) shall include— an assessment of the feasibility of embedding in standard and specialty shipping containers used by the Department of Defense the communications equipment and sensors described in such subparagraph, including sensors integrated into container flooring, for satellite-based tracking and monitoring; recommendations for collaboration with private industry partners to develop and implement in such shipping containers such communications equipment and sensors; and an evaluation of how such communications equipment and sensors embedded in such shipping containers could enhance the security and resilience of the supply chain of the Department. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Commerce, shall develop initiatives to encourage the production of shipping containers for both defense and commercial use by entities other than those located in covered nations (as defined in section 4872 of title 10, United States Code). Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall assess and identify common and unique components necessary for standard and specialty shipping containers to streamline the production and enhance the cost efficiency of such shipping containers. Not later than 60 days after the end of the first fiscal year ending after the date of the enactment of this Act, and not later than 60 days after the end of each fiscal year thereafter, the Secretary of Defense shall submit to Congress a report detailing the progress on the establishment of domestic facilities for the production of shipping containers under subsection (c)(1). This section shall terminate on the date on which the Secretary of Defense submits to Congress a certification that the sufficient standard and specialty shipping contains are available solely from domestic sources to meet the national security needs of the United States.
Section 410
860. Assessment of critical defense mineral supply chain vulnerabilities The Comptroller General of the United States shall conduct an assessment of the supply chains of critical defense minerals for the defense industrial base to identify vulnerabilities in such supply chains. Not later than 365 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Committees on Armed Services of the House of Representatives and Senate a report on the findings of the assessment conducted under subsection (a), including— an identification of each source of each critical defense mineral described in such subsection; an evaluation of the barriers to expanding the domestic capacity for mining and producing such critical defense minerals; and recommendations for Congress and appropriate Federal agencies to incentivize the domestic production of such critical defense minerals. In this section, the term critical defense mineral means a mineral that is essential to manufacturing to supply the military, industrial, and essential civilian needs of the United States for national defense, including rare earth elements, lithium, cobalt, and nickel.
Section 411
860A. Assessment of military medical supply chains The Secretary of Defense shall conduct an assessment of the vulnerabilities to supply chains for the medical supplies and equipment used by the Department of Defense, included a detailed assessment of the reliance of the Department on sources located in China for active pharmaceutical ingredients and medical devices. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the findings of the assessment conducted under subsection (a). In this section: The term active pharmaceutical ingredient has the meaning given such term section 744A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–41). The term medical device has the meaning given the term device in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
Section 412
860B. Permanent magnet traceability pilot program Not later than September 30, 2026, the Secretary of Defense shall establish a pilot program under which the Department of Defense shall validate the sources of rare earth elements and critical materials used in permanent magnets used by the Department, including sources of recycled rare earth elements and critical materials used in such permanent magnets, to ensure the accuracy of the information reported by contractors providing such permanent magnets to the Department and the integrity of the supply chains for such permanent magnets against foreign adversaries. The pilot program established under subsection (a) shall terminate on September 30, 2029. Not later than 180 days after September 30, 2029, the Secretary of Defense shall submit to Congress a report on the results of the pilot program required under subsection (a), including the recommendations of the Secretary whether the pilot program should be continued or expanded. In this section, the term critical material means a material, other than a rare earth element, used in permanent magnets used by the Department of Defense that the Secretary of Defense identifies as necessary to meet the requirements of the Department.
Section 413
860C. Applicability of Berry Amendment exceptions to certain seafood purchases Section 4862 of title 10, United States Code, is amended by adding at the end the following new subsection: The exceptions in subsections (c) through (h) of this section shall not apply with respect to procurement of any fish, shellfish, or seafood product. (l)Certain seafood purchasesThe exceptions in subsections (c) through (h) of this section shall not apply with respect to procurement of any fish, shellfish, or seafood product..
Section 414
860D. Assessment of critical infrastructure owned by the Department of Defense dependent on foreign materials or components Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall— develop and maintain a classified and prioritized list of high-risk critical infrastructure owned by the Department of Defense that rely on materials or components the origin of which is a foreign country of concern; and conduct a risk assessment of the materials or components included in the list under paragraph (1). The risk assessment under subsection (a) shall include— an evaluation of the dependence of high-risk critical infrastructure owned by the Department of Defense that on materials or components the origin of which is a foreign country of concern; an evaluation of vulnerability to supply chain disruption during a national emergency to high-risk critical infrastructure owned by the Department of Defense, including industrial control systems; an assessment of the resilience and capacity of high-risk critical infrastructure owned by the Department of Defense to support mission-critical operations and readiness during a national emergency; an identification of the location of design, manufacturing, and packaging facilities for materials or components described in subsection (a)(1); and an assessment of the manufacturing capacity of the United States to replace materials or components described in subsection (a)(1), including— gaps in domestic manufacturing capabilities, including nonexistent, extinct, threatened, and single point-of-failure capabilities; supply chains with single points of failure and limited resiliency; and economic factors, including global competition, threaten the viability of domestic manufacturers. Not later than 120 days after date of completion of the risk assessment required by subsection (a), and biennially thereafter, the Secretary of Defense shall provide to the congressional defense committees a classified briefing that includes— findings on the traceability and provenance of materials or components described in subsection (a)(1); strategies to strengthen the resilience and readiness of critical infrastructure owned by the Department of Defense; and recommendations for critical infrastructure supply chain resilience and manufacturing activities, including— modifications to procurement policies to reduce reliance on high-risk supply chains; and other matters the Secretary deems appropriate. In this section: The term critical infrastructure means any system or asset so vital to the United States that the degradation or destruction of such system or asset would have a debilitating impact on national security, including economic security and public health or safety. The term foreign country of concern means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of concern by the Secretary of State.
Section 415
860E. Strategy to eliminate sourcing of computer displays from certain nations The Secretary of Defense shall develop and implement a strategy to eliminate the reliance of the Department of Defense on any covered nation to acquire computer displays by January 1, 7 2030. The strategy required by subsection (a) shall— identify the current requirements of the Department of Defense for computer displays and estimate the projected requirements of the Department for computer displays through the year 2040; identify the sources of computer displays used to meet the current requirements of the Department described in paragraph (1), including any sources of computer displays produced in a covered nation; and identify actions to be taken by the Secretary of Defense to ensure the defense industrial base is able to meet the needs of the Department for computer displays without any reliance on a covered nation not later January 1, 2030. Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall begin implementing the strategy required by subsection (a). 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 briefing on the strategy required by subsection (a), including an identification of any changes to funding or policy required to eliminate the reliance of the Department of Defense on any covered nation to acquire computer displays by January 1, 2030. Not later than March 15, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the implementation of the strategy required by subsection (a), including an identification of any risk to the ability of the Secretary to eliminate the reliance of the Department of Defense on any covered nation to acquire computer displays by January 1, 2030. In this section: The term covered nation means— the Democratic People’s Republic of North Korea; the People’s Republic of China; the Russian Federation; the Republic of Belarus; and the Islamic Republic of Iran. The term computer display means a device that receives a digital output from a computer and visually displays that output as an electronic image.
Section 416
860F. Critical and rare earth mineral supply chain study Not later than one year after the date of the enactment of this Act, the Deputy Assistant Secretary of Defense for Industrial Base Resilience, in coordination with the Secretary of the Interior, Secretary of Energy, and the Director of the United States Geological Survey, shall submit to the Committees on Armed Services and Natural Resources of the House of Representatives a report on the feasibility of reshoring domestic critical and rare earth mineral mining and production. The report required under subsection (a) shall include— an identification of the strategic and critical materials used by the Department of Defense; an assessment of the reliability of the domestic supply chains for critical and rare earth minerals and the reliance for such critical and rare earth minerals on sources that are located in People’s Republic of China or related to or subject to the control of People’s Republic of China or the Chinese Communist Party; an identification of the domestic and international sources for the strategic and critical materials identified under paragraph (1); an identification of domestic locations with existing commercial manufacturing interest that are verified as containing large supplies of strategic and critical materials identified under paragraph (1); a strategy to reshore critical and rare earth mineral production to the United States; and a plan to implement the strategy required by paragraph (5), including a timeline for such implementation. In this section, the term strategic and critical materials has the meaning given such term in section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-3).
Section 417
861. Requirements relating to long-term concessions agreements with certain retailers Chapter 363 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense may not renew, extend, or enter into a long-term concessions agreement with a retailer that is controlled by a covered nation to permit such retailer to operate or conduct business through a physical location on a covered military installation. The Secretary may waive the requirements of paragraph (1) if the Secretary determines that— the goods or services to be provided by the retailer are vital for the welfare and morale of members of the Armed Forces and no reasonable alternatives exist; the Secretary has implemented adequate measures to mitigate any potential national security risks of the retailer; and the retailer has received a determination from the Committee on Foreign Investment in the United States (in this section referred to as the ‘Committee’) that there are no unresolved national security concerns with respect to the retailer in connection to a matter submitted to the Committee and which the Committee concluded all action pursuant to section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565). Not later than 30 days after each use of the waiver authority under paragraph (2), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report including a justification for the use of such authority and a description of any risk mitigation strategies described in paragraph (2)(B). With respect to a retailer that has misrepresented the ownership and control of such retailer for the award of a long-term concessions agreement, the Secretary of Defense may terminate such agreement. Paragraph (1) shall apply with respect to a long-term concessions agreement entered into on or after the date of the enactment of this section. The Secretary of Defense may not permit a covered retailer controlled by a covered nation to operate or conduct business through a physical location on a covered military installation, unless such covered retailer has received an approval determination under paragraph (4). Not later than 30 days after the date of the enactment of this section, a covered retailer— shall submit to the Committee a notice that includes any direct or indirect relationships between the covered retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation; and may not operate or conduct business through a physical location on a covered military installation unless the Committee submits a determination approving such notice in accordance with paragraph (3). The Committee shall conduct an investigation of the effects of a notice submitted under paragraph (2) on the national security of the United States, including an assessment of any direct or indirect relationships between the covered retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation. Not later than 180 days after completing an investigation under paragraph (3), the Committee shall submit to the Secretary of Defense a determination approving or disapproving the notice submitted under paragraph (2). A covered retailer that receives an approval under paragraph (4) shall submit annually to the Committee disclosures regarding any change in the ownership structure that may affect whether or not the covered retailer is controlled by a covered nation. The Secretary of Defense shall immediately terminate a long-term concession agreement with a covered retailer if the Secretary determines such covered retailer has failed to comply with the requirements of this subsection. Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall review each long-term concessions agreement with a covered retailer that permits the covered retailer to operate or conduct business through a physical location on a covered military installation to assess any direct or indirect relationships between the retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation. Not later than 30 days after making a determination that a covered retailer is controlled by a covered nation based on an assessment described in subsection (a) or a determination made under subsection (b), the Secretary of Defense shall terminate any long-term concessions agreement with the covered retailer. In this section: The term controlled by a covered nation means, with respect to a retailer— that the retailer is organized under the laws of a covered nation or any jurisdiction within a covered nation; that a covered nation owns 20 percent or more of the shares of the retailer; or that the retailer is subject to the direct or control of a covered nation. The term covered military installation means a military installation (as defined in section 2801 of this title) located in the United States. The term covered nation has the meaning given in section 4872 of this title. The term covered retailer means a retailer that is performing a long-term concessions agreement on or before the date of the enactment of this Act. The term long-term concessions agreement means a contract, subcontract (at any tier), or other agreement, including a lease agreement or licensing agreement, to operate a business through a physical location on a covered military installation entered into by— the Secretary of Defense or a Secretary of a military department and a person, including a nonappropriated fund instrumentality; or a person and a nonappropriated fund instrumentality. The term retailer means— a nonappropriated fund instrumentality that operates or seeks to operate a business through a physical location on a covered military installation; any other person that operates or seeks to operate a business on a covered military installation under a contract, subcontract (at any tier), or other agreement, including a lease agreement or licensing agreement, with— a nonappropriated fund instrumentality; the Secretary of Defense; or a Secretary of a military department. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review each long-term concessions agreement with a covered retailer that permits the covered retailer to operate or conduct business through a physical location on a covered military installation to assess any direct or indirect relationships between the retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation. Not later than one year after making a determination that a covered retailer is controlled by a covered nation based on an assessment described in subsection (a), the Secretary of Defense shall terminate any long-term concessions agreement with the covered retailer. In this section, the terms covered nation, covered retailer, and long-term concessions agreement have the meanings given, respectively, in section 4664 of title 10, United States Code, as added by this section. 4664.Requirements relating to long-term concessions agreements with certain retailers (a)Prohibition on contracting with certain retailers (1)The Secretary of Defense may not renew, extend, or enter into a long-term concessions agreement with a retailer that is controlled by a covered nation to permit such retailer to operate or conduct business through a physical location on a covered military installation.
(2)The Secretary may waive the requirements of paragraph (1) if the Secretary determines that— (A)the goods or services to be provided by the retailer are vital for the welfare and morale of members of the Armed Forces and no reasonable alternatives exist;
(B)the Secretary has implemented adequate measures to mitigate any potential national security risks of the retailer; and (C)the retailer has received a determination from the Committee on Foreign Investment in the United States (in this section referred to as the ‘Committee’) that there are no unresolved national security concerns with respect to the retailer in connection to a matter submitted to the Committee and which the Committee concluded all action pursuant to section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565).
(3)Not later than 30 days after each use of the waiver authority under paragraph (2), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report including a justification for the use of such authority and a description of any risk mitigation strategies described in paragraph (2)(B). (4)With respect to a retailer that has misrepresented the ownership and control of such retailer for the award of a long-term concessions agreement, the Secretary of Defense may terminate such agreement.
(5)Paragraph (1) shall apply with respect to a long-term concessions agreement entered into on or after the date of the enactment of this section. (b)Covered retailers (1)The Secretary of Defense may not permit a covered retailer controlled by a covered nation to operate or conduct business through a physical location on a covered military installation, unless such covered retailer has received an approval determination under paragraph (4).
(2)Not later than 30 days after the date of the enactment of this section, a covered retailer— (A)shall submit to the Committee a notice that includes any direct or indirect relationships between the covered retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation; and
(B)may not operate or conduct business through a physical location on a covered military installation unless the Committee submits a determination approving such notice in accordance with paragraph (3). (3)The Committee shall conduct an investigation of the effects of a notice submitted under paragraph (2) on the national security of the United States, including an assessment of any direct or indirect relationships between the covered retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation.
(4)Not later than 180 days after completing an investigation under paragraph (3), the Committee shall submit to the Secretary of Defense a determination approving or disapproving the notice submitted under paragraph (2). (5) (A)A covered retailer that receives an approval under paragraph (4) shall submit annually to the Committee disclosures regarding any change in the ownership structure that may affect whether or not the covered retailer is controlled by a covered nation.
(B)The Secretary of Defense shall immediately terminate a long-term concession agreement with a covered retailer if the Secretary determines such covered retailer has failed to comply with the requirements of this subsection. (c)Assessment of covered retailers (1)Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall review each long-term concessions agreement with a covered retailer that permits the covered retailer to operate or conduct business through a physical location on a covered military installation to assess any direct or indirect relationships between the retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation.
(2)Not later than 30 days after making a determination that a covered retailer is controlled by a covered nation based on an assessment described in subsection (a) or a determination made under subsection (b), the Secretary of Defense shall terminate any long-term concessions agreement with the covered retailer. (d)DefinitionsIn this section:
(1)The term controlled by a covered nation means, with respect to a retailer— (A)that the retailer is organized under the laws of a covered nation or any jurisdiction within a covered nation;
(B)that a covered nation owns 20 percent or more of the shares of the retailer; or (C)that the retailer is subject to the direct or control of a covered nation.
(2)The term covered military installation means a military installation (as defined in section 2801 of this title) located in the United States. (3)The term covered nation has the meaning given in section 4872 of this title.
(4)The term covered retailer means a retailer that is performing a long-term concessions agreement on or before the date of the enactment of this Act. (5)The term long-term concessions agreement means a contract, subcontract (at any tier), or other agreement, including a lease agreement or licensing agreement, to operate a business through a physical location on a covered military installation entered into by—
(A)the Secretary of Defense or a Secretary of a military department and a person, including a nonappropriated fund instrumentality; or (B)a person and a nonappropriated fund instrumentality.
(6)The term retailer means— (A)a nonappropriated fund instrumentality that operates or seeks to operate a business through a physical location on a covered military installation;
(B)any other person that operates or seeks to operate a business on a covered military installation under a contract, subcontract (at any tier), or other agreement, including a lease agreement or licensing agreement, with— (i)a nonappropriated fund instrumentality;
(ii)the Secretary of Defense; or (iii)a Secretary of a military department..
Section 418
4664. Requirements relating to long-term concessions agreements with certain retailers The Secretary of Defense may not renew, extend, or enter into a long-term concessions agreement with a retailer that is controlled by a covered nation to permit such retailer to operate or conduct business through a physical location on a covered military installation. The Secretary may waive the requirements of paragraph (1) if the Secretary determines that— the goods or services to be provided by the retailer are vital for the welfare and morale of members of the Armed Forces and no reasonable alternatives exist; the Secretary has implemented adequate measures to mitigate any potential national security risks of the retailer; and the retailer has received a determination from the Committee on Foreign Investment in the United States (in this section referred to as the ‘Committee’) that there are no unresolved national security concerns with respect to the retailer in connection to a matter submitted to the Committee and which the Committee concluded all action pursuant to section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565). Not later than 30 days after each use of the waiver authority under paragraph (2), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report including a justification for the use of such authority and a description of any risk mitigation strategies described in paragraph (2)(B). With respect to a retailer that has misrepresented the ownership and control of such retailer for the award of a long-term concessions agreement, the Secretary of Defense may terminate such agreement. Paragraph (1) shall apply with respect to a long-term concessions agreement entered into on or after the date of the enactment of this section. The Secretary of Defense may not permit a covered retailer controlled by a covered nation to operate or conduct business through a physical location on a covered military installation, unless such covered retailer has received an approval determination under paragraph (4). Not later than 30 days after the date of the enactment of this section, a covered retailer— shall submit to the Committee a notice that includes any direct or indirect relationships between the covered retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation; and may not operate or conduct business through a physical location on a covered military installation unless the Committee submits a determination approving such notice in accordance with paragraph (3). The Committee shall conduct an investigation of the effects of a notice submitted under paragraph (2) on the national security of the United States, including an assessment of any direct or indirect relationships between the covered retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation. Not later than 180 days after completing an investigation under paragraph (3), the Committee shall submit to the Secretary of Defense a determination approving or disapproving the notice submitted under paragraph (2). A covered retailer that receives an approval under paragraph (4) shall submit annually to the Committee disclosures regarding any change in the ownership structure that may affect whether or not the covered retailer is controlled by a covered nation. The Secretary of Defense shall immediately terminate a long-term concession agreement with a covered retailer if the Secretary determines such covered retailer has failed to comply with the requirements of this subsection. Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall review each long-term concessions agreement with a covered retailer that permits the covered retailer to operate or conduct business through a physical location on a covered military installation to assess any direct or indirect relationships between the retailer (including any subsidiaries or parent companies of such covered retailer) and any covered nation. Not later than 30 days after making a determination that a covered retailer is controlled by a covered nation based on an assessment described in subsection (a) or a determination made under subsection (b), the Secretary of Defense shall terminate any long-term concessions agreement with the covered retailer. In this section: The term controlled by a covered nation means, with respect to a retailer— that the retailer is organized under the laws of a covered nation or any jurisdiction within a covered nation; that a covered nation owns 20 percent or more of the shares of the retailer; or that the retailer is subject to the direct or control of a covered nation. The term covered military installation means a military installation (as defined in section 2801 of this title) located in the United States. The term covered nation has the meaning given in section 4872 of this title. The term covered retailer means a retailer that is performing a long-term concessions agreement on or before the date of the enactment of this Act. The term long-term concessions agreement means a contract, subcontract (at any tier), or other agreement, including a lease agreement or licensing agreement, to operate a business through a physical location on a covered military installation entered into by— the Secretary of Defense or a Secretary of a military department and a person, including a nonappropriated fund instrumentality; or a person and a nonappropriated fund instrumentality. The term retailer means— a nonappropriated fund instrumentality that operates or seeks to operate a business through a physical location on a covered military installation; any other person that operates or seeks to operate a business on a covered military installation under a contract, subcontract (at any tier), or other agreement, including a lease agreement or licensing agreement, with— a nonappropriated fund instrumentality; the Secretary of Defense; or a Secretary of a military department.
Section 419
862. Prohibition on contracting with entities with segregated facilities Chapter 363 of title 10, United States Code, as amended by section 861 of this Act, is further amended by adding at the end the following new section: Each contract, including a subcontract (at any tier) under such a contract, entered into by the Secretary of Defense on or after the date of the enactment of this section shall include a provision requiring that each contractor follow all Federal laws, including title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), which prohibit segregated facilities. 4665.Prohibition on contracting with entities with segregated facilitiesEach contract, including a subcontract (at any tier) under such a contract, entered into by the Secretary of Defense on or after the date of the enactment of this section shall include a provision requiring that each contractor follow all Federal laws, including title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), which prohibit segregated facilities..
Section 420
4665. Prohibition on contracting with entities with segregated facilities Each contract, including a subcontract (at any tier) under such a contract, entered into by the Secretary of Defense on or after the date of the enactment of this section shall include a provision requiring that each contractor follow all Federal laws, including title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), which prohibit segregated facilities.
Section 421
863. Requirement for contractors to provide reasonable access to repair materials Chapter 363 of title 10, United States Code, as amended by section 862 of this Act, is further amended by adding at the end the following new section: An agency may not enter into a contract for the procurement of reparable goods or repair services in support of major weapon systems unless the contractor agrees in writing to provide the Department of Defense fair and reasonable access to all the repair materials, including parts, tools, and information, used by the manufacturer or provider or their authorized repair providers to diagnose, analyze, maintain, or repair the good or service. The Secretary of Defense, or the head of the procuring agency in the case of a delegated authority, may waive the requirements of this section with respect to a particular contract or class of contracts upon a written determination that application of those requirements would have a negative impact on cost, schedule, or technical performance. Nothing in this section shall be construed to permit the unauthorized disclosure or release of intellectual property, commercially confidential information, or trade secrets. The Secretary of Defense shall take all necessary steps to protect such information from disclosure to the extent otherwise protected by law. In this section, the term fair and reasonable access means, as applicable— prices, terms, and conditions that allow the Department of Defense the rights to provide the repair materials to an authorized contractor consistent with section 3771 of title 10, United States Code, and the Government’s product support strategy; provision at prices, terms, and conditions that are equivalent to the most favorable prices, terms, and conditions under which the manufacturer or an authorized reseller or distributor offers the repair material to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the manufacturer or an authorized reseller or distributor offers to an authorized repair provider; if a manufacturer does not offer, directly or through an authorized reseller or distributor, the repair material to any authorized repair provider, then provision of such repair material at prices, terms, and conditions that are otherwise determined by the United States Government to be fair and reasonable in accordance with this title and subject to the dispute resolution process outlined in chapter 71 of title 41, United States Code; and if the United States Government did not previously fund the development of the intellectual property of the manufacturer or an authorized reseller or distributor, the Government would pay a fair and reasonable licensing fee to obtain access. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the implementation of this section. Nothing in this section shall be construed as altering the requirements in section 2464 and 2466 of title 10, United States Code. 4666.Requirement for contractors to provide reasonable access to repair materials
(a)RequirementAn agency may not enter into a contract for the procurement of reparable goods or repair services in support of major weapon systems unless the contractor agrees in writing to provide the Department of Defense fair and reasonable access to all the repair materials, including parts, tools, and information, used by the manufacturer or provider or their authorized repair providers to diagnose, analyze, maintain, or repair the good or service. (b)WaiverThe Secretary of Defense, or the head of the procuring agency in the case of a delegated authority, may waive the requirements of this section with respect to a particular contract or class of contracts upon a written determination that application of those requirements would have a negative impact on cost, schedule, or technical performance.
(c)Protection for intellectual property, proprietary, and trade secret informationNothing in this section shall be construed to permit the unauthorized disclosure or release of intellectual property, commercially confidential information, or trade secrets. The Secretary of Defense shall take all necessary steps to protect such information from disclosure to the extent otherwise protected by law. (d)Fair and reasonable access definedIn this section, the term fair and reasonable access means, as applicable—
(1)prices, terms, and conditions that allow the Department of Defense the rights to provide the repair materials to an authorized contractor consistent with section 3771 of title 10, United States Code, and the Government’s product support strategy; (2)provision at prices, terms, and conditions that are equivalent to the most favorable prices, terms, and conditions under which the manufacturer or an authorized reseller or distributor offers the repair material to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the manufacturer or an authorized reseller or distributor offers to an authorized repair provider;
(3)if a manufacturer does not offer, directly or through an authorized reseller or distributor, the repair material to any authorized repair provider, then provision of such repair material at prices, terms, and conditions that are otherwise determined by the United States Government to be fair and reasonable in accordance with this title and subject to the dispute resolution process outlined in chapter 71 of title 41, United States Code; and (4)if the United States Government did not previously fund the development of the intellectual property of the manufacturer or an authorized reseller or distributor, the Government would pay a fair and reasonable licensing fee to obtain access..
Section 422
4666. Requirement for contractors to provide reasonable access to repair materials An agency may not enter into a contract for the procurement of reparable goods or repair services in support of major weapon systems unless the contractor agrees in writing to provide the Department of Defense fair and reasonable access to all the repair materials, including parts, tools, and information, used by the manufacturer or provider or their authorized repair providers to diagnose, analyze, maintain, or repair the good or service. The Secretary of Defense, or the head of the procuring agency in the case of a delegated authority, may waive the requirements of this section with respect to a particular contract or class of contracts upon a written determination that application of those requirements would have a negative impact on cost, schedule, or technical performance. Nothing in this section shall be construed to permit the unauthorized disclosure or release of intellectual property, commercially confidential information, or trade secrets. The Secretary of Defense shall take all necessary steps to protect such information from disclosure to the extent otherwise protected by law. In this section, the term fair and reasonable access means, as applicable— prices, terms, and conditions that allow the Department of Defense the rights to provide the repair materials to an authorized contractor consistent with section 3771 of title 10, United States Code, and the Government’s product support strategy; provision at prices, terms, and conditions that are equivalent to the most favorable prices, terms, and conditions under which the manufacturer or an authorized reseller or distributor offers the repair material to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the manufacturer or an authorized reseller or distributor offers to an authorized repair provider; if a manufacturer does not offer, directly or through an authorized reseller or distributor, the repair material to any authorized repair provider, then provision of such repair material at prices, terms, and conditions that are otherwise determined by the United States Government to be fair and reasonable in accordance with this title and subject to the dispute resolution process outlined in chapter 71 of title 41, United States Code; and if the United States Government did not previously fund the development of the intellectual property of the manufacturer or an authorized reseller or distributor, the Government would pay a fair and reasonable licensing fee to obtain access.
Section 423
864. Prohibition on acquisition of advanced batteries from certain foreign sources Subchapter II of chapter 385 of title 10, United States Code, is amended by adding at the end the following new section: Beginning on January 1, 2027, and except as provided by subsection (b), the Secretary of Defense may acquire an advanced battery for use at installations of the Department of Defense or in systems of the Department, or obtain any equipment, system, or service that uses covered battery equipment or services as a substantial or essential component of any system or as critical technology as part of any system, only if— more than 95 percent of the electrode active material in each battery cell comprising such advanced battery is composed of materials from sources other than sources that are, or are in geographic areas that are, owned by, controlled by, or subject to the jurisdiction of foreign entities of concern; such advanced battery is not a battery described in section 154(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.); and each such battery cell is manufactured without technology licensed from a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern under a licensing agreement that— limits the duration of the use of such technology; or requires— any ownership of the manufacturer of such battery cell by a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern; or any partnership or technology transfer between such manufacturer and a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern. The Secretary of a military department may waive subsection (a) with respect to an acquisition of an advanced battery if the Secretary— determines in writing that such acquisition is necessary to the national security interest of the United States; and implements a strategy to eliminate such necessity. The Secretary of a military department may delegate the written determination required under subparagraph (A)(i) only as follows: To the head of a contracting activity for the relevant component for a waiver for a single acquisition program. To the senior acquisition executive of a military department for a waiver for multiple programs within such military department. To the Undersecretary of Defense for Acquisition and Sustainment for a waiver for more than one military department. The written determination required under subparagraph (A)(i) with respect to a waiver for the acquisition of an advanced battery shall include— the reason such waiver is required; a list of each weapon system or end item for which such advanced battery is being acquired under such waiver; the duration of such wavier; and a timeline for implementing the strategy described in subparagraph (A)(ii). Subsection (a) does not apply with respect to the acquisition of an advanced battery for use in personal electronics, including cell phones and laptops, intended for office or administrative purposes. Subsection (a) does not apply with respect to the acquisition of an advanced battery for which testing and evaluation under a program of record of the Department of Defense begins prior to January 1, 2027. In this section: The terms advanced battery and foreign entity of concern have the meanings given such terms, respectively, under section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)). The term battery cell means the smallest individual component of a battery capable of converting chemical energy into electrical energy. The term electrode active materials means cathode materials, anode materials, anode foils, and other electrochemically active materials including solvents, additives, and electrolyte salts that contribute to the electrochemical processes necessary for energy storage in a battery. Section 4865 of title 10, United States Code, as added by subsection (a), shall apply only with respect to contracts or other agreements entered into after the date of the enactment of this Act. 4865.Prohibition on acquisition of advanced batteries composed of materials from certain foreign sources (a)In generalBeginning on January 1, 2027, and except as provided by subsection (b), the Secretary of Defense may acquire an advanced battery for use at installations of the Department of Defense or in systems of the Department, or obtain any equipment, system, or service that uses covered battery equipment or services as a substantial or essential component of any system or as critical technology as part of any system, only if—
(1)more than 95 percent of the electrode active material in each battery cell comprising such advanced battery is composed of materials from sources other than sources that are, or are in geographic areas that are, owned by, controlled by, or subject to the jurisdiction of foreign entities of concern; (2)such advanced battery is not a battery described in section 154(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.); and
(3)each such battery cell is manufactured without technology licensed from a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern under a licensing agreement that— (A)limits the duration of the use of such technology; or
(B)requires— (i)any ownership of the manufacturer of such battery cell by a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern; or
(ii)any partnership or technology transfer between such manufacturer and a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern. (b)Exceptions (1)Waiver (A)In generalThe Secretary of a military department may waive subsection (a) with respect to an acquisition of an advanced battery if the Secretary—
(i)determines in writing that such acquisition is necessary to the national security interest of the United States; and (ii)implements a strategy to eliminate such necessity.
(B)DelegationThe Secretary of a military department may delegate the written determination required under subparagraph (A)(i) only as follows: (i)To the head of a contracting activity for the relevant component for a waiver for a single acquisition program.
(ii)To the senior acquisition executive of a military department for a waiver for multiple programs within such military department. (iii)To the Undersecretary of Defense for Acquisition and Sustainment for a waiver for more than one military department.
(C)ContentsThe written determination required under subparagraph (A)(i) with respect to a waiver for the acquisition of an advanced battery shall include— (i)the reason such waiver is required;
(ii)a list of each weapon system or end item for which such advanced battery is being acquired under such waiver; (iii)the duration of such wavier; and
(iv)a timeline for implementing the strategy described in subparagraph (A)(ii). (2)Personal electronicsSubsection (a) does not apply with respect to the acquisition of an advanced battery for use in personal electronics, including cell phones and laptops, intended for office or administrative purposes.
(3)Testing and evaluationSubsection (a) does not apply with respect to the acquisition of an advanced battery for which testing and evaluation under a program of record of the Department of Defense begins prior to January 1, 2027. (c)DefinitionsIn this section:
(1)The terms advanced battery and foreign entity of concern have the meanings given such terms, respectively, under section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)). (2)The term battery cell means the smallest individual component of a battery capable of converting chemical energy into electrical energy.
(3)The term electrode active materials means cathode materials, anode materials, anode foils, and other electrochemically active materials including solvents, additives, and electrolyte salts that contribute to the electrochemical processes necessary for energy storage in a battery..
Section 424
4865. Prohibition on acquisition of advanced batteries composed of materials from certain foreign sources Beginning on January 1, 2027, and except as provided by subsection (b), the Secretary of Defense may acquire an advanced battery for use at installations of the Department of Defense or in systems of the Department, or obtain any equipment, system, or service that uses covered battery equipment or services as a substantial or essential component of any system or as critical technology as part of any system, only if— more than 95 percent of the electrode active material in each battery cell comprising such advanced battery is composed of materials from sources other than sources that are, or are in geographic areas that are, owned by, controlled by, or subject to the jurisdiction of foreign entities of concern; such advanced battery is not a battery described in section 154(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.); and each such battery cell is manufactured without technology licensed from a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern under a licensing agreement that— limits the duration of the use of such technology; or requires— any ownership of the manufacturer of such battery cell by a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern; or any partnership or technology transfer between such manufacturer and a foreign entity of concern or any subsidiary, successor, or affiliate of a foreign entity of concern. The Secretary of a military department may waive subsection (a) with respect to an acquisition of an advanced battery if the Secretary— determines in writing that such acquisition is necessary to the national security interest of the United States; and implements a strategy to eliminate such necessity. The Secretary of a military department may delegate the written determination required under subparagraph (A)(i) only as follows: To the head of a contracting activity for the relevant component for a waiver for a single acquisition program. To the senior acquisition executive of a military department for a waiver for multiple programs within such military department. To the Undersecretary of Defense for Acquisition and Sustainment for a waiver for more than one military department. The written determination required under subparagraph (A)(i) with respect to a waiver for the acquisition of an advanced battery shall include— the reason such waiver is required; a list of each weapon system or end item for which such advanced battery is being acquired under such waiver; the duration of such wavier; and a timeline for implementing the strategy described in subparagraph (A)(ii). Subsection (a) does not apply with respect to the acquisition of an advanced battery for use in personal electronics, including cell phones and laptops, intended for office or administrative purposes. Subsection (a) does not apply with respect to the acquisition of an advanced battery for which testing and evaluation under a program of record of the Department of Defense begins prior to January 1, 2027. In this section: The terms advanced battery and foreign entity of concern have the meanings given such terms, respectively, under section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)). The term battery cell means the smallest individual component of a battery capable of converting chemical energy into electrical energy. The term electrode active materials means cathode materials, anode materials, anode foils, and other electrochemically active materials including solvents, additives, and electrolyte salts that contribute to the electrochemical processes necessary for energy storage in a battery.
Section 425
865. Prohibition on acquisition of molybdenum from non-allied foreign nations Section 4872(h)(1) of title 10, United States Code, as redesignated and amended by this Act, is further amended— in subparagraph (D), by striking and at the end; in subparagraph (E), by striking the period at the end and inserting ; and; and by adding at the end the following new subparagraph: molybdenum. The amendments made by subsection (a) shall apply only with respect to contracts and other agreements entered into after the date of the enactment of this Act. (F)molybdenum..
Section 426
866. Requirement to buy disposable food service products from American sources; exceptions Subchapter II of chapter 385 of title 10, United States Code, as amended by section 864 of this Act, is further amended by adding at the end the following new section: The Secretary of Defense may only procure disposable food service products that— are American-made; contain no added perfluoroalkyl substances or polyfluoroalkyl substances; and improve operational readiness (as defined in section 4322 of this title). The Secretary of Defense may waive the requirement under subsection (a) if the Secretary— determines that the waiver is in the best interest of the national security of the United States; and submits to the congressional defense committees a written justification for issuing such waiver. The Secretary may not delegate the authority to issue a waiver under this subsection to an official below the level of the Under Secretary of Defense for Acquisition and Sustainment. In this section: The term American-made means, with respect to a disposable food service product, that such product is manufactured or produced in the United States— by an entity that is incorporated and headquartered in the United States; and substantially all from articles, materials, or supplies produced or manufactured in the United States. The term disposable food service products means— single-use products for serving or transporting ready-to-consume food or beverages; and excludes— plastic food wrappers or other plastic packaging for food; and operational rations, including meals ready-to-eat or unitized group rations. The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given, respectively, in section 2714 of this title. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to implement the requirements of section 4866 of title 10, United States Code, as added by this section. 4866.Requirement to buy disposable food service products from American sources; exceptions (a)RequirementThe Secretary of Defense may only procure disposable food service products that—
(1)are American-made; (2)contain no added perfluoroalkyl substances or polyfluoroalkyl substances; and
(3)improve operational readiness (as defined in section 4322 of this title). (b)Waiver (1)The Secretary of Defense may waive the requirement under subsection (a) if the Secretary—
(A)determines that the waiver is in the best interest of the national security of the United States; and (B)submits to the congressional defense committees a written justification for issuing such waiver.
(2)The Secretary may not delegate the authority to issue a waiver under this subsection to an official below the level of the Under Secretary of Defense for Acquisition and Sustainment. (c)DefinitionsIn this section:
(1)The term American-made means, with respect to a disposable food service product, that such product is manufactured or produced in the United States— (A)by an entity that is incorporated and headquartered in the United States; and
(B)substantially all from articles, materials, or supplies produced or manufactured in the United States. (2)The term disposable food service products means—
(A)single-use products for serving or transporting ready-to-consume food or beverages; and (B)excludes—
(i)plastic food wrappers or other plastic packaging for food; and (ii)operational rations, including meals ready-to-eat or unitized group rations.
(3)The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given, respectively, in section 2714 of this title..
Section 427
4866. Requirement to buy disposable food service products from American sources; exceptions The Secretary of Defense may only procure disposable food service products that— are American-made; contain no added perfluoroalkyl substances or polyfluoroalkyl substances; and improve operational readiness (as defined in section 4322 of this title). The Secretary of Defense may waive the requirement under subsection (a) if the Secretary— determines that the waiver is in the best interest of the national security of the United States; and submits to the congressional defense committees a written justification for issuing such waiver. The Secretary may not delegate the authority to issue a waiver under this subsection to an official below the level of the Under Secretary of Defense for Acquisition and Sustainment. In this section: The term American-made means, with respect to a disposable food service product, that such product is manufactured or produced in the United States— by an entity that is incorporated and headquartered in the United States; and substantially all from articles, materials, or supplies produced or manufactured in the United States. The term disposable food service products means— single-use products for serving or transporting ready-to-consume food or beverages; and excludes— plastic food wrappers or other plastic packaging for food; and operational rations, including meals ready-to-eat or unitized group rations. The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given, respectively, in section 2714 of this title.
Section 428
867. Prohibition on Department of Defense contracts with certain foreign-owned online tutoring services Section 854 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 4651 note prec.) is amended— by striking The Secretary and inserting (a) In general.—The Secretary; by striking the People’s Republic of China and inserting a country of concern; and by adding at the end the following new subsection: In this section, the term country of concern means any of the following: China. Russia. Iran. North Korea. (b)Country of concern definedIn this section, the term country of concern means any of the following: (1)China.
(2)Russia. (3)Iran.
(4)North Korea..
Section 429
868. Modifications to certain procurements from certain Chinese entities Subsection (a)(1) of section 805 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.) is amended— in subparagraph (A), by striking ; or and inserting a semicolon; in subparagraph (B), by striking the period at the end and inserting ; or; and by adding at the end the following new subparagraph: obligate or expend loan or grant funds to procure or obtain goods and services produced or developed by an entity described in paragraph (2). The requirements of subparagraph (C) of section 805(a)(1) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.), as added by this paragraph, shall apply with respect to loan or grant funds obligated or expended on or after the date of the enactment of this Act. Subsection (a)(2) of such section is amended— in subparagraph (A), by striking ; or and inserting a semicolon; in subparagraph (B), by striking the period at the end and inserting ; or; and by adding at the end the following new subparagraph: any entity for which the Secretary has submitted a certification to the congressional defense committees for inclusion in this paragraph for national security reasons. Subsection (c) of such section is amended by adding at the end the following new paragraph: The Secretary of Defense shall submit to the congressional defense committees an annual report on waivers granted under this subsection, including the justifications for such waivers. Not later than one year 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 implement the prohibitions in section 805 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.), as amended by this subsection. Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall update the list maintained by the Department of Defense in accordance with section 1260H(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) to include biotechnology entities (including any subsidiary, parent, affiliate, or successor of such an entity) engaged in DNA and RNA assembly, synthesis, and manufacturing. In this subsection: The term DNA and RNA assembly, synthesis, and manufacturing means the chemical or biological production of RNA and DNA molecules through enzymatic methods or chemical synthesis and involving the construction of longer sequences or entire genomes from smaller DNA or RNA fragments, commonly used in medical research, synthetic biology, gene therapy, and vaccine development. The term biotechnology entity has the meaning given in section 1312(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31). Subsection (b) of section 154 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. note preceding section 44651) is amended— by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; by inserting after paragraph (1) the following: Amperex Technology Limited (also known as ATL). by amending paragraph (8) as redesignated by striking paragraphs (1) through (6) and inserting paragraphs (1) through (7). (C)obligate or expend loan or grant funds to procure or obtain goods and services produced or developed by an entity described in paragraph (2).. (C)any entity for which the Secretary has submitted a certification to the congressional defense committees for inclusion in this paragraph for national security reasons.. (4)ReportingThe Secretary of Defense shall submit to the congressional defense committees an annual report on waivers granted under this subsection, including the justifications for such waivers.. (2)Amperex Technology Limited (also known as ATL).; and
Section 430
869. Prohibition on the purchase of photovoltaic modules from foreign entities of concern Except as provided by subsection (b), none of the funds made available by this Act may be used to acquire a photovoltaic module or photovoltaic cells manufactured by a foreign entity of concern (as defined in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651). The Secretary of Defense may waive subsection (a) with respect to an acquisition of a photovoltaic module or photovoltaic cell manufactured by for foreign entity of concern if the Secretary— determines that a sufficient quantity and satisfactory qualify of such photovoltaic module or photovoltaic cell, as applicable, manufactured by entities other than foreign entities of concern is not available as and when needed at United States market prices; determines that the use of such photovolatic module or photovoltaic cell, as applicable, does not pose any risk to national security; and submits to the appropriate congressional committees a certification of the determinations under paragraphs (1) and (2) not later than the date that is 30 days prior to the date on which the Secretary of Defense enters into a contract or other agreement for such acquisition. Subsection (a) shall apply only with respect to contracts or other agreements for the acquisition of photovoltaic modules or photovoltaic cells directly by the Department of Defense that do not involve any third party financing arrangements, including energy savings contracts and contracts or other agreements involving privatized military housing. In this section: The term photovoltaic cell means the smallest semiconductor element of a photovoltaic module that performs the immediate conversion of light into electricity. The term photovoltaic module means an end item (as such term is defined in section 4863 of title 10, United States Code) comprised of connected and laminated photovoltaic cells in an environmentally protected assembly that is suitable to generate electricity when exposed to sunlight.
Section 431
870. Prohibition on computers or printers acquisitions involving entities owned or controlled by China The Secretary of Defense may not acquire any computer or printer if the manufacturer, bidder, or offeror is a covered Chinese entity. This section shall apply with respect to contracts or other agreements entered into, renewed, or extended after the date of the enactment of this Act. In this section: The term computer— means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device; and does not include an automated typewriter or typesetter, a portable handheld calculator, or other similar device. The term covered Chinese entity means an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, determines to be an entity owned, controlled, directed, or subcontracted by, affiliated with, or otherwise connected to, the Government of the People’s Republic of China. The term manufacturer means— the entity that transforms raw materials, miscellaneous parts, or components into the end item; an entity that subcontracts with the entity described in subparagraph (A) for purposes of assisting the entity described in such subparagraph in transforming raw materials, miscellaneous parts, or components into the end item; an entity that otherwise directs the entity described in subparagraph (A) to transform raw materials, miscellaneous parts, or components into the end item; or any parent company, subsidiary, or affiliate of the entity described in subparagraph (A). The term printer— means desktop printers, multifunction printer copiers, and printer and fax combinations taken out of service that may or may not be designed to reside on a work surface; includes devices that use various print technologies, including laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation; includes multi-function or all-in-one devices that perform different tasks, including copying, scanning, faxing, and printing; includes floor-standing printers, printers with an optional floor stand, or household printers; and does not include point-of-sale receipt printers, calculators with printing capabilities, label makers, or non-standalone printers that are embedded into products that are not described in subparagraphs (A) through (D).
Section 432
870A. Prohibition on entering into contracts with a person engaged in a boycott of the State of Israel The Secretary of Defense may not enter into a contract with a person if such person is engaged in an activity that is politically motivated and is intended to penalize or otherwise limit significant commercial relations specifically with Israel or persons doing business in Israel or in Israeli-controlled territories.
Section 433
870B. Requirements for prime contractors of certain telecommunications contracts With respect to an eligible contract relating to the procurement of telecommunications for the Department of Defense, the Secretary of Defense shall ensure that the principal office of the prime contractor for such eligible contract is located in the United States. In this section: The term eligible contract means an indefinite delivery-indefinite quantity task order contract or delivery order contract that is— in an amount greater than the simplified acquisition threshold (as defined in section 3015 of title 10, United States Code); and that is a commercial product or a commercial service, as such terms are defined, respectively, in section 3011 of such title. The term telecommunications has the meaning given in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
Section 434
870C. Report on compliance progress with sensitive material acquisition prohibition Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Committee on Armed Services of the House of Representatives a report on the progress of the Department of Defense in implementing the amendments to the prohibition on the acquisition of covered materials under section 4872 of title 10, United States Code, made by section 844 of William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3766), that are effective on January 1, 2027, including— for each major defense acquisition program (as defined in section 4201 of title 10, United States Code), a detailed explanation of the progress of such major defense acquisition program in meeting such prohibition as so amended; and an explanation of how the Department is using of funds made available under or pursuant to the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) with respect to each phase of the process for such covered materials, from mining through final production, to ensure the implementation of such amendments.
Section 435
870D. Prohibition on procurement of certain organic light emitting diode display technologies Chapter 363 of title 10, United States Code, as amended by section 863 of this Act, is further amended by adding at the end the following new section: Effective June 30, 2027, the Secretary of Defense may not enter into, renew, or extend a contract or other agreement for the procurement of— OLED display technologies that are fabricated in a foreign adversary, by a foreign adversary entity, or by a covered OLED display technologies company; or goods or services that include any OLED display technologies that are fabricated in a foreign adversary, by a foreign adversary entity, or by a covered OLED display technologies company. The Secretary of Defense may waive the prohibition under subsection (a) if Secretary determines that goods or services that include OLED display technology that conforms to the requirements of this section are not available in the quality and quantity required. The Secretary of Defense shall submit to Congress a report describing waivers granted in accordance with this subsection not later than February 15 of the calendar year following the year the waiver was granted. Such report shall include a description of the product or service subject to the waiver, and a brief summary of the rationale for each wavier. In this section: The term covered OLED display technologies company means— any entity, or a subsidiary, affiliate, or licensee of such entity that produces, develops, or provides OLED display technologies and that is— included on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; or identified in the list of Chinese military companies operating in the United States published in the Federal Register by the Department of Defense pursuant to section 1260H of the William H. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note); or an entity that produces, develops, or provides OLED display technologies and that is subject to unmitigated foreign ownership, control, or influence by a covered foreign country, as determined by the Secretary of Defense in accordance with the National Industrial Security Program (or any successor to such program). The term fabricate— means the process of manufacturing display technologies through techniques including material deposition, lithography, etching, and encapsulation, or flexible substrates or silicon wafers to enable image generation; and does not include the final assembly and integration of individual display cells cut from large substrates into complete display modules for integration into set products, where such assembly and integration focuses primarily on tasks such as integrated circuit bondings, flexible printed circuit attachment, touch sensor integration, and cover glass lamination (known as the module process). The term foreign adversary means a country specified in section 4872(f) of title 10, United States Code. The term foreign adversary entity means— a foreign adversary; a person domiciled in, headquartered in, that maintains a principal place of business in, or is organized under the laws of a foreign adversary; and a person owned, directed, or controlled by an entity described in subparagraph (A) or (B). The term OLED display technologies means an electronic visual output device that renders images, text, or video by modulating light emissions through technologies (such as organic light emitting diodes or microdot arrays) and is composed of an active matrix (including thin-film transistors) or passive matrix that controls pixel operation, light emission or modulation layer, driver electronics to convert input signals into pixel control instructions, and interface mechanisms that may include touchscreen layers, refresh rate controllers, or color calibration. 4667.Prohibition on procurement of certain organic light emitting diode display technologies
(a)In generalEffective June 30, 2027, the Secretary of Defense may not enter into, renew, or extend a contract or other agreement for the procurement of— (1)OLED display technologies that are fabricated in a foreign adversary, by a foreign adversary entity, or by a covered OLED display technologies company; or
(2)goods or services that include any OLED display technologies that are fabricated in a foreign adversary, by a foreign adversary entity, or by a covered OLED display technologies company. (b)Waiver (1)The Secretary of Defense may waive the prohibition under subsection (a) if Secretary determines that goods or services that include OLED display technology that conforms to the requirements of this section are not available in the quality and quantity required.
(2)The Secretary of Defense shall submit to Congress a report describing waivers granted in accordance with this subsection not later than February 15 of the calendar year following the year the waiver was granted. Such report shall include a description of the product or service subject to the waiver, and a brief summary of the rationale for each wavier. (c)DefinitionsIn this section:
(1)The term covered OLED display technologies company means— (A)any entity, or a subsidiary, affiliate, or licensee of such entity that produces, develops, or provides OLED display technologies and that is—
(i)included on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; or (ii)identified in the list of Chinese military companies operating in the United States published in the Federal Register by the Department of Defense pursuant to section 1260H of the William H. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note); or
(B)an entity that produces, develops, or provides OLED display technologies and that is subject to unmitigated foreign ownership, control, or influence by a covered foreign country, as determined by the Secretary of Defense in accordance with the National Industrial Security Program (or any successor to such program). (2)The term fabricate—
(A)means the process of manufacturing display technologies through techniques including material deposition, lithography, etching, and encapsulation, or flexible substrates or silicon wafers to enable image generation; and (B)does not include the final assembly and integration of individual display cells cut from large substrates into complete display modules for integration into set products, where such assembly and integration focuses primarily on tasks such as integrated circuit bondings, flexible printed circuit attachment, touch sensor integration, and cover glass lamination (known as the module process).
(3)The term foreign adversary means a country specified in section 4872(f) of title 10, United States Code. (4)The term foreign adversary entity means—
(A)a foreign adversary; (B)a person domiciled in, headquartered in, that maintains a principal place of business in, or is organized under the laws of a foreign adversary; and
(C)a person owned, directed, or controlled by an entity described in subparagraph (A) or (B). (5)The term OLED display technologies means an electronic visual output device that renders images, text, or video by modulating light emissions through technologies (such as organic light emitting diodes or microdot arrays) and is composed of an active matrix (including thin-film transistors) or passive matrix that controls pixel operation, light emission or modulation layer, driver electronics to convert input signals into pixel control instructions, and interface mechanisms that may include touchscreen layers, refresh rate controllers, or color calibration..
Section 436
4667. Prohibition on procurement of certain organic light emitting diode display technologies Effective June 30, 2027, the Secretary of Defense may not enter into, renew, or extend a contract or other agreement for the procurement of— OLED display technologies that are fabricated in a foreign adversary, by a foreign adversary entity, or by a covered OLED display technologies company; or goods or services that include any OLED display technologies that are fabricated in a foreign adversary, by a foreign adversary entity, or by a covered OLED display technologies company. The Secretary of Defense may waive the prohibition under subsection (a) if Secretary determines that goods or services that include OLED display technology that conforms to the requirements of this section are not available in the quality and quantity required. The Secretary of Defense shall submit to Congress a report describing waivers granted in accordance with this subsection not later than February 15 of the calendar year following the year the waiver was granted. Such report shall include a description of the product or service subject to the waiver, and a brief summary of the rationale for each wavier. In this section: The term covered OLED display technologies company means— any entity, or a subsidiary, affiliate, or licensee of such entity that produces, develops, or provides OLED display technologies and that is— included on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; or identified in the list of Chinese military companies operating in the United States published in the Federal Register by the Department of Defense pursuant to section 1260H of the William H. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note); or an entity that produces, develops, or provides OLED display technologies and that is subject to unmitigated foreign ownership, control, or influence by a covered foreign country, as determined by the Secretary of Defense in accordance with the National Industrial Security Program (or any successor to such program). The term fabricate— means the process of manufacturing display technologies through techniques including material deposition, lithography, etching, and encapsulation, or flexible substrates or silicon wafers to enable image generation; and does not include the final assembly and integration of individual display cells cut from large substrates into complete display modules for integration into set products, where such assembly and integration focuses primarily on tasks such as integrated circuit bondings, flexible printed circuit attachment, touch sensor integration, and cover glass lamination (known as the module process). The term foreign adversary means a country specified in section 4872(f) of title 10, United States Code. The term foreign adversary entity means— a foreign adversary; a person domiciled in, headquartered in, that maintains a principal place of business in, or is organized under the laws of a foreign adversary; and a person owned, directed, or controlled by an entity described in subparagraph (A) or (B). The term OLED display technologies means an electronic visual output device that renders images, text, or video by modulating light emissions through technologies (such as organic light emitting diodes or microdot arrays) and is composed of an active matrix (including thin-film transistors) or passive matrix that controls pixel operation, light emission or modulation layer, driver electronics to convert input signals into pixel control instructions, and interface mechanisms that may include touchscreen layers, refresh rate controllers, or color calibration.
Section 437
871. Modification to demonstration and prototyping program to advance international product support capabilities in a contested logistics environment Section 842 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2341 note) is amended— in subsection (b)(2)— in subparagraph (A), by striking and at the end; by redesignating subparagraph (B) as subparagraph (C); and by inserting after subparagraph (A) the following new subparagraph: commercial advanced or additive manufacturing facilities for rapid, distributed production of parts closer to the point of use; and in subsection (g), by striking on the date and all that follows and inserting December 31, 2030.. (B)commercial advanced or additive manufacturing facilities for rapid, distributed production of parts closer to the point of use; and; and
Section 438
872. Modification to procurement requirements relating to rare earth elements and strategic and critical materials Section 857 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2727; 10 U.S.C. 4811 note) is amended— in subsection (a)— in paragraph (1)(A)— by striking permanent magnet and inserting permanent magnet, or an advanced battery or advanced battery component (as those terms are defined, respectively, in section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a))),; and by striking of the magnet and inserting of the magnet, the advanced battery, or the advanced battery component (as applicable); and by amending paragraph (2) to read as follows: A disclosure under paragraph (1) with respect to a system described in that paragraph shall include— if the system includes a permanent magnet, an identification of the country or countries in which— any rare earth elements and strategic and critical materials used in the magnet were mined; such elements and materials were refined into oxides; such elements and materials were made into metals and alloys; and the magnet was sintered or bonded and magnetized; and if the system includes an advanced battery or an advanced battery component, an identification of the country or countries in which— any strategic and critical materials that are covered minerals used in the battery or component were refined, processed, or reprocessed; any strategic and critical materials that are covered minerals and that were manufactured into the battery or component; and the battery cell, module, and pack of the battery or component were manufactured and assembled. by amending subsection (d) to read as follows: In this section: The term strategic and 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)). The term covered minerals means lithium, nickel, cobalt, manganese, and graphite. Subsection (a) of such section 857 is further amended— in paragraph (3), by striking provides the system and inserting provides the system as described in paragraph (1); and in paragraph (4)(C), by striking a senior acquisition executive and inserting a service acquisition executive. (2)ElementsA disclosure under paragraph (1) with respect to a system described in that paragraph shall include—
(A)if the system includes a permanent magnet, an identification of the country or countries in which— (i)any rare earth elements and strategic and critical materials used in the magnet were mined;
(ii)such elements and materials were refined into oxides; (iii)such elements and materials were made into metals and alloys; and
(iv)the magnet was sintered or bonded and magnetized; and (B)if the system includes an advanced battery or an advanced battery component, an identification of the country or countries in which—
(i)any strategic and critical materials that are covered minerals used in the battery or component were refined, processed, or reprocessed; (ii)any strategic and critical materials that are covered minerals and that were manufactured into the battery or component; and
(iii)the battery cell, module, and pack of the battery or component were manufactured and assembled.; and (d)DefinitionsIn this section: (1)The term strategic and 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)).
(2)The term covered minerals means lithium, nickel, cobalt, manganese, and graphite..
Section 439
873. Applicability of the prohibition on acquiring certain metal products Section 844(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended— in the subsection heading, by inserting ; Applicability after date; and by inserting , and shall apply with respect to contracts entered into on or after, after take effect on.
Section 440
874. Recycling critical mineral Section 848(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4811 note) is amended— in paragraph (1)— in subparagraph (B), by inserting under the guidance described in paragraph (3) after recycled or reused minerals or metals; and in subparagraph (C), by inserting under the guidance described in paragraph (3) after recycled or reused minerals or metals; and by adding at the end the following new paragraph: The Under Secretary of Defense for Acquisition and Sustainment shall issue guidance to use the lessons learned from the program of the Defense Logistics Agency for recycling optical-grade germanium used in weapons systems and night vision equipment to expand and scale the use of the authority of the Secretary of Defense under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) to recycle, reuse, or otherwise recover materials determined to be strategic and critical materials under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)). (3)GuidanceThe Under Secretary of Defense for Acquisition and Sustainment shall issue guidance to use the lessons learned from the program of the Defense Logistics Agency for recycling optical-grade germanium used in weapons systems and night vision equipment to expand and scale the use of the authority of the Secretary of Defense under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) to recycle, reuse, or otherwise recover materials determined to be strategic and critical materials under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a))..
Section 441
875. Organic small unmanned aircraft system manufacturing capacity Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group, to be called the SkyFoundry Working Group, to develop recommendations— for improving the domestic manufacturing capacity for small unmanned aircraft systems; and to enable rapid development, testing, and scalable manufacturing of small drones. The membership of the working group shall include representatives from the Government, including representatives from the Army Materiel Command and the United States Special Operations Command, industry, and academia with expertise in the manufacturing, engineering, or testing and evaluation of small UAS manufacturing, including expertise in modular manufacturing processes for small UAS, or commercial best practices and business models for manufacturing small UAS. The working group established under subsection (a) shall— identify existing infrastructure of the Department of Defense, including depots and military installations, that may be modified to operate as an innovation center and production facility for small UAS manufacturing that is capable of mass producing small UAS; assess how the infrastructure identified under paragraph (1) could be operated using a hybrid business model, including— a Government Owned, Contractor Operated model; and a Government Owned, Government Operated model; identify additional authorities that could be used to streamline and expedite the establishment of an organic small UAS innovation and production facility, including rapid acquisition authorities that could be used to accelerate contacting, production, testing, and delivery of small UAS to the Department of Defense; identify any changes to policy and procedures of the Department that are required for the Department to establish the innovation center and production facility for sUAS manufacturing at an existing depot or military installation; identify any funding required for the sustainment, restoration, and modernization of facilities to establish an innovation center and production facility for small UAS manufacturing; and develop and submit to the Secretary of Defense recommendations for— establishing an innovation center and production facility for small UAS manufacturing; workforce training to enhance the knowledge and experience of the workforce of the Department of Defense in small UAS design, manufacturing, and testing best practices and procedures; and expanding the concept of a innovation center and production facility to expand the access of the Department of Defense to required products, including energetics and autonomous systems. Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress— a summary of the recommendations submitted to the Secretary under subsection (c)(6); an explanation of the actions taken by the Secretary to better enable the Department of Defense to rapidly develop, test, and manufacture small UAS; and the recommendations of the Secretary to enable the Department to expand domestic manufacturing capacity for small unmanned aircraft systems and to enable rapid development, testing, and scalable manufacturing of small drones, including any recommendations for any additional relevant statutory authorities. The requirements under this section shall expire on the date that is one year after the date of this Act. Paragraph (1) shall not be construed as terminating the authority of the Secretary to continue the operating the working group established under subsection (a) after the expiration date established under such paragraph. The establishment or findings of the working group established under subsection (a) shall not be construed as restricting, delaying, or otherwise limiting the Secretary of the Army from exercising any of the authorities of the Secretary referred to in this section, including the performance of any action under any authority of the Secretary that may be the subject of a review by or recommendation of such working group. In this section: The term small unmanned aircraft system mean a small unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system. The term small unmanned aircraft means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft.
Section 442
876. Protecting AI and cloud competition in defense contracts The Secretary of Defense shall, when entering into a contract for cloud computing, data infrastructure, and artificial intelligence capabilities— promote security, resiliency, and competition in the procurement of such capabilities by requiring the use of competitive procedures under section 3012 of title 10, United States Code; ensure that the Government retains exclusive access to and use of all Government-furnished data; ensure that such competitive procedures— prioritize appropriate Government roles in intellectual property, data rights, security, interoperability, and auditability; incorporate modular open systems approaches (as defined in section 4401 of title 10, United States Code (as amended by section 1833 of this Act)) and technical boundaries; use best practices in streamlined procurement as set forth in the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) and section 808 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 283; 10 U.S.C. 4001 note); encourages participation by 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); uses all appropriate acquisition authorities, including authorities under sections 4021 and 4022 of title 10, United States Code, and commercial solutions opening contracts entered into pursuant to section 3458 of title 10, United States Code. The Secretary of Defense, acting through the Director of the Chief Digital and Artificial Intelligence Office of the Department of Defense, shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to ensure that— Government-furnished data provided for the development or operation of AI capabilities may not be used by a covered provider to train or improve commercial products without express written authorization from the Secretary of Defense; such Government-furnished data, when stored on covered provider systems, is protected and treated in accordance with covered data principles, or, to the maximum extent practicable, under commercial AI terms protective of Government interests; a service acquisition executive (as defined in section 101 of title 10, United States Code) may waive the requirements of this subsection only if— such waiver is determined to be necessary for national security; and the Director is notified of the specific waiver, the covered provider and a description and the value of the contract to which the waiver applies, the data subject to the waiver, and the justification for such waiver. Not later than January 15, 2027, 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— competition and innovation among providers of AI technologies or cloud computing capabilities for the Department of Defense; barriers to the award of a contract with the Department of Defense faced by providers of commercial AI technologies and emerging technology companies; and legislative and administrative recommendations to enhance innovation, competition, and secure data practices in Department of Defense AI and cloud acquisitions. The Secretary of Defense shall ensure that the report is made available to the public by— posting a publicly releasable version of the report on a website of the Department of Defense; and upon request, transmitting the report by other means, as long as such transmission is at no cost to the Department. In this section: The terms artificial intelligence and AI have the meaning given the term artificial intelligence in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401). The term cloud computing has the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology, or any successor document. The term cloud provider means an entity engaged in the provision, sale, or licensing of cloud computing. The term covered data principles means— DoD data decrees as described in the memorandum of the Department of Defense titled Creating Data Advantage issued May 5, 2021; and Creating Data Advantage (Open DAGIR) principles, as defined by the Director of the Chief Digital and Artificial Intelligence Office The term covered provider means any cloud provider, data infrastructure provider, or artificial provider that has entered into one or more contracts with an aggregate total value of greater than or equal to $50,000,000 during the period of five fiscal years preceding the fiscal year in which a contract described in subsection (a) is entered into. The term data infrastructure means the underlying computer, network, and software systems that enable the collection, storage, processing, and analysis of data, including the ability to record, transmit, transform, categorize, integrate, and otherwise process data generated by digital data systems.
Section 443
877. Bioindustrial commercialization program Not later than one year after the date of the enactment of this Act, the Secretary of Defense may establish a program to support the expansion of the domestic capacity for bioindustrial manufacturing of critical biomanufactured products at a commercial level through awards to eligible entities for establishing, upgrading, and retooling of eligible bioindustrial manufacturing facilities. An entity seeking an award under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines appropriate. The Secretary shall make each award under the program to an eligible entity in a competitive manner. In selecting eligible entities to receive awards under the program, the Secretary shall consider the following criteria: The potential of the technology of such eligible entity to improve domestic resilience and protect critical supply chains for critical biomanufactured products. How the technology of such eligible entity could help meet the demand for the capabilities required by the next generation of warfighters. The ability of the eligible bioindustrial manufacturing facility with respect to which such eligible entity is seeking such award to be repurposed and the range of products that such eligible bioindustrial manufacturing facilities is capable of producing. Whether the eligible bioindustrial manufacturing facility with respect to which such eligible entity is seeking such award supports the goal of wide geographic distribution of bioindustrial manufacturing facility across the United States. Whether the eligible bioindustrial manufacturing facility with respect to which such eligible entity is seeking such award is located in geographic proximity to sources of input materials for the production of critical biomanufactured products or areas with established biomanfuacturing capabilities; and Such additional considerations that the Secretary deems appropriate. A recipient of an award under the program may use funds received under such award for the establishment, upgrading, or retooling of one or more eligible bioindustrial manufacturing facilities to produce critical biomanufactured products, including the development of business or technical plans related to such establishment, upgrading, or retooling. If the Secretary establishes the program, the Secretary shall establish reporting requirements for recipients of awards under the program which shall include requirements for period reports on the following: The progress of the recipient in establishing, upgrading, or retooling the eligible bioindustrial manufacturing facility with respect to which such recipient received such award. The estimated timeline and funding requirements for the recipient to begin biomanufacturing at the eligible bioindustrial manufacturing facility described in paragraph (1). The products, including the critical biomanufactured products, that are or will be produced at the eligible bioindustrial manufacturing facility described in paragraph (1). The progress of the recipient in entering into an agreement with the Department of Defense or an element thereof to provide critical biomanufactured products, that are or will be produced at the eligible bioindustrial manufacturing facility described in paragraph (1) once such eligible bioindustrial manufacturing facility begins biomanufacturing. Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the plan of the Secretary for allocating amounts appropriated to the Department of Defense to fund the program. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the activities under the program, including— a list of the awards made under the program as of the date on which the report is submitted, including, for each such award— the name of the entity that received the award; the location of the eligible bioindustrial manufacturing facility with respect to which such entity received the award; the amount of the award, disaggregated by the initial amount of the award and any additional amounts provided under the award; an explanation of the criteria supporting making the award to such entity, including a description of any notable technologies of such entity relevant to the award; if applicable, an explanation of the rational for providing additional amounts under the award; and to the extent practicable, and explanation of the effects of the award; an identification of amounts available to the Department of Defense for making awards under the program as of the date on which the report is submitted and an explanation of any plans for the use of such amounts; an explanation of the communication between the Secretary and eligible entities seeking an award under the program regarding requirements and timelines for such awards; and an explanation of how the establishment, upgrading, or retooling of the eligible bioindustrial manufacturing facility for which awards were made under the program aligns with priorities and needs of the Department of Defense and national security. Except as provided by paragraph (2), this section shall terminate on the date that is 10 years after the date of the enactment of this Act. The Secretary may change the date on which this section terminates to a date that is later than the date on which this section would terminate under paragraph (1) if the President determines that the continuation of the program is necessary to meet national economic and national security needs. In this section: The term biomanufacturing means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale. The term critical biomanufactured product means a chemical, material, and other product that is manufactured using biomanufacturing and is relevant to the Department of Defense. The term eligible bioindustrial manufacturing facility means a bioindustrial manufacturing facility that— is or, if not yet established, will be located in the United States; and is or, pursuant to an award under the program, will produce critical biomanufactured products. The term eligible entity means an entity that— is a private entity; applied for an award under the program in accordance with subsection (b)(1); and meets such other criteria for eligibility for an award under the program as determined by the Secretary. The term program means the program established under subsection (a). The term Secretary means the Secretary of Defense.
Section 444
878. Common repository for supplier information Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Industrial Base Policy shall establish a repository of information commonly required for the initial vetting by the Department of Defense of contractors applying to be qualified to supply products or services to the Department. The Assistant Secretary of Defense for Industrial Base Policy shall develop the repository required under subsection (a) in conjunction with or as part of other efforts of an Office of Small Business Programs of the Department of Defense to provide market research, supply chain resiliency, cybersecurity, and secure cloud tools to entities furnishing procurement technical assistance under chapter 388 of title 10, United States Code, and small manufacturers. The Assistant Secretary of Defense for Industrial Base Policy may enter into a public-private partnership or cooperative agreement with one or more contractors of the Department of Defense in establishing the repository required by (a) if the Assistant Secretary determines that such repository— would reduce duplicative efforts or reduce the time spent by potential suppliers in providing similar information to multiple prime contractors; or would streamline or reduce the cost of a prime contractor qualifying a supplier for products or services to be provided to the Department.
Section 445
879. Civil Reserve Manufacturing Network Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group to support the establishment of the Civil Reserve Manufacturing Network to preserve the military advantage and bolster the defense of the United States and broaden the domestic industrial base. The working group established under paragraph (1) shall— identify issues with respect to the CRMN; develop recommendations for establishment and operation of the CRMN, including recommendations for— resolving the issues identified under subparagraph (A); and incentives to encourage participation in the CRMN; submit to the Secretary the issues identified under subparagraph (A) and the recommendations developed under subparagraph (B). In carrying out the responsibilities of the working group established under paragraph (1), the working group shall collaborate with relevant entities, including government, industry, and academia. Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a plan for the establishment of the CRMN program that includes— a plan to develop a CRMN comprised of commercial advanced or adaptive manufacturing capabilities or facilities that can rapidly transition from the production of commercial products for commercial customers to the production of products required by the Department of Defense; and an identification of any statutory or regulatory constraints on the establishment or effectiveness of the CRMN and recommendations to streamline the establishment of the CRMN, including any changes to existing authorities related to the use of public-private partnerships. In developing the plan required under paragraph (1), the Secretary shall, to the extent practicable, incorporate the recommendations of the working group established under subsection (a) submitted to the Secretary under paragraph (2) of such subsection. Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on progress of the CRMN, including— an assessment of the benefits a factory-as-a-service model with respect to accelerating the timelines for the establishment of the CRMN, reducing the costs to the Government of operating the CRMN, minimizing obsolescence of commercial advanced or adaptive manufacturing capabilities or facilities that are part of the CRMN, and enabling the rapid scaling of the CRMN; an analysis of improvements in efficiency and cost reduction the Department of Defense may achieve without sacrificing performance, reliability, qualify, or safety from the use of advanced or adaptive manufacturing and application value engineering techniques under part 48 of the Federal Acquisition Regulation; an assessment of potential to improve supply chain resiliency through the acquisition by the Government of advanced or adaptive manufacturing hardware structures for use by system integrators; an identification of any statutory or regulatory constraints and recommendations to streamline the establishment of the CRMN, including any amendments to exiting authorities for public-private partnerships; an explanation of the progress on developing an incentive structure that would enable the success of the CRMN by sufficiently addressing the risk to commercial customers of CRMN participants of loss of production if such participants are required to shift production to meet the needs of the Department; a list of existing programs of the Department that are delayed or have cost overruns resulting from a lack of components due to shortages of required casting and forging capabilities of manufacturers, including— the name of the program or contract; the components that are delayed or contributing to such cost overruns; and whether such components could be produced through alternative means, including advanced or adaptive manufacturing; and a strategy to transition existing production approaches for the programs identified under paragraph (6) to advanced or adaptive manufacturing. After the submission of the plan required under subsection (b)(1), the Secretary shall establish the CRMN program under which— the Secretary shall establish the CRMN; and advanced or adaptive manufacturers participate in the CRMN. Each participant shall enter into an agreement with the Secretary under which such participant shall, upon such terms and conditions as agreed to by the Secretary and the participant, rapidly transition the production facilities of such participant to begin production of products for the Department of Defense. Not later than one year after the date of enactment of this Act, the Secretary shall seek to enter into agreements with one or more advanced or adaptive manufacturers to participate in the CRMN under the program. The Secretary shall establish expedited procedures for qualifying participants to be eligible to supply products or services to the Department of Defense. Subject to the availability of appropriations, the Secretary shall award funding to participants for— expedited qualification and testing of products manufactured by the participant for use by the Department of Defense; and non-recurring engineering costs associated with the conversion of specifications of a traditionally manufactured product into an appropriate format for advanced or adaptive manufacturing. Not later than March 1, 2027, and annually thereafter for five years, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the establishment of the CRMN under the program. In this section: The term advanced or adaptive manufacturer means a manufacturer that uses advanced or adaptive manufacturing. The term advanced or adaptive manufacturing means manufacturing through the use of interconnected, advanced technologies throughout the design and manufacturing process that enables modular, adaptable, and efficient manufacturing, including software-controlled subtractive manufacturing, additive manufacturing, and powder bed fusion manufacturing. The term advanced or adaptive manufacturing hardware structure means hardware used in advanced or adaptive manufacturing for the positioning, mounting, or bracing of a product in the manufacturing process. The term CRMN means a network of manufacturers that have entered into an agreement with the Secretary under which the manufacturer agrees to rapidly transition the manufacturing facilities of such manufacturers that produce commercial products for purchasers other than the Department of Defense to the production of products for the Department of Defense. The term factory-as-a-service means a business model and technological framework that provides access to scalable and flexible manufacturing resources as service, enables rapid reconfiguration of production lines, and real-time collaboration across geographically dispersed facilities. The term participant means an advanced or adaptive manufacturer that is participating in the CRMN under the program. The term program means the program established under subsection (d)(1). The term Secretary means the Secretary of Defense. Section 3243 of title 10, United States Code, is amended— by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and by inserting after subsection (d) the following new subsection: The head of the agency shall establish a process to streamline qualification of sources who use advanced manufacturing techniques, including those using a digital adaptive production system. Once a source is qualified, the head of the agency shall not require additional qualification for sources or products produced unless material changes have been made to the manufacturing process. (e)Advanced or adaptive manufacturing qualificationsThe head of the agency shall establish a process to streamline qualification of sources who use advanced manufacturing techniques, including those using a digital adaptive production system. Once a source is qualified, the head of the agency shall not require additional qualification for sources or products produced unless material changes have been made to the manufacturing process..
Section 446
880. Review and assessment of non-domestic additive manufacturing equipment and associated software supplying the defense industrial base Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with each Secretary of a military department, shall seek to enter into an agreement with a federally funded research and development center to conduct an independent review, analysis, and assessment of the use of non-domestic additive manufacturing equipment and associated software programs that supply components or capability to the United States defense industrial base and the effect of such use. The agreement described in subsection (a) shall require that the federally funded research and development center that is party to such agreement submit to the Under Secretary of Defense for Acquisition and Sustainment a report on the findings of the review, assessment, and analysis not later than one year after the date on which the center entered into such agreement. The Under Secretary of Defense for Acquisition and Sustainment shall submit such report to the congressional defense committees upon receipt of such report. The report described in paragraph (1) shall include the following elements: An assessment of manufacturers in the United States defense industrial base using non-domestic additive manufacturing equipment. An identification of additive manufacturing equipment, including 3D printers, that are of Chinese or Russian origin, and that are in the supply chain of the United States defense industrial base. A review of non-domestic additive manufacturing equipment suppliers that work with adversarial foreign militaries and have a presence in the United States defense industrial base. A security assessment of intellectual property risks of software programs associated with additive manufacturing equipment that are provided to— the United States defense industrial base; and additive manufacturing equipment suppliers based in adversarial foreign countries. The report described in paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 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 each Secretary of a military department, shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plan to assess the United States defense industrial base for the use and effect of non-domestic additive manufacturing equipment and associated software programs.
Section 447
880A. Assessment of industrial base for turbojet pyrotechnic devices Congress finds the following: Turbojet pyrotechnic devices are critical for the operation of aerial targets and unmanned systems used in military training and weapons testing and deployment. Excessive lead times and limited domestic production capacity for such devices pose risks to readiness and operational effectiveness. Not later than March 1, 2026, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretary of the Army and the Assistant Secretary of Defense for Industrial Base Policy, shall submit to the congressional defense committees a report assessing— projected demand for turbojet pyrotechnic devices through fiscal year 2030; the current United States production capacity, scalability, and lead times for such devices; vulnerabilities in the supply chain for such devices and the potential effects of such vulnerabilities on military readiness; potential commercial or dual-use applications for such devices; and recommendations for reducing lead times, diversifying suppliers, and strengthening the industrial base for such devices. Following completion of the report under subsection (b), the Secretary of Defense may carry out activities to implement the recommendations set forth in the report, which may include activities such as pilot programs, entering into partnerships, and such other activities as the Secretary determines appropriate.
Section 448
880B. Modifications to Defense Industrial Base Fund Section 4817 of title 10, United States Code, is amended by adding at the end the following new subsections: The Secretary may use the authorities provided by this section with respect to upstream, mid-stream, and downstream supply chains, including material, material production, components, subassemblies, and finished products, testing and qualification, infrastructure, facility construction and improvement, and equipment needed directly for the following: Castings and forgings. Kinetic capabilities, including sensors, targeting systems, and delivery platforms. Microelectronics. Machine tools, including but not limited to subtractive, additive, convergent, stamping, forging, abrasives, metrology, and other production equipment. Critical minerals, materials, and chemicals. Workforce for the defense industrial base. Advanced manufacturing capacity, including echelon manufacturing forward in the Indo-Pacific Command theater. Unmanned vehicles, including subsurface, surface, land, air one-way, attritables, and launch and recovery platforms. Manned aircraft. Ground systems. Power sources. Ship and submarine, including assembly and automation technologies and capabilities, new or modernized infrastructure for new construction or maintenance and sustainment and battle damage repair. Other materiel solutions required to support Indo-Pacific Command operational plans as required. Defense space systems. The Secretary may not use the authorities provided by this section for any activity in a covered country. The Secretary may not use the authorities provided by this section for a purpose not described in paragraph (1) unless, not less than 30 days before doing so, the Secretary— determines that— the use of the authority for that purpose is essential to the national security interests of the United States; and without the use of the authority for that purpose, United States industry cannot reasonably be expected to provide the capability needed in a timely manner; and submits to the congressional defense committees a report on the determination that includes appropriate explanatory material. To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national security interests of the United States, the Secretary may make provision for— use of contracts, grants, or other transaction authorities, including cooperative agreements; incentives for the private sector to develop capabilities in areas of national security interest; during the 5-year period beginning on the date of the enactment of this subsection, making awards to third party entities to support investments in small- and medium-sized entities working in areas of national security interest, including debt and equity investments, that would benefit missions of the Department of Defense; and subsidies to offset market manipulation or ensure allied and domestic viability of grants made from other market uncertainties. To create, maintain, protect, expand, or restore industrial base capabilities essential for the national security interests of the United States, the Secretary may make provision for purchase commitments for— Federal Government use or resale of an industrial resource or a critical technology item; the encouragement of exploration, development, and mining of strategic and critical materials; development of other materials and components; the development of production capabilities; and the increased use of emerging technologies in defense program applications and the rapid transition of emerging technologies— from Federal Government-sponsored research and development to commercial applications; and from commercial research and development to national defense applications. Except as provided by subparagraph (B), purchase commitments under paragraph (1) may be made without regard to the limitations of existing law (other than section 1341 of title 31), for such quantities, and on such terms and conditions, including advance payments, and for such periods, but not extending beyond a date that is not more than 10 years from the date on which such purchase was initially made, as the Secretary deems necessary. Purchases commitments under paragraph (1) involving higher than established ceiling prices (or if no such established ceiling prices exist, currently prevailing market prices) or that result in an anticipated loss on resale shall not be made, unless it is determined that supply of the materials could not be effectively increased or provisioned at lower prices or on terms more favorable to the Federal Government, or that such purchases are necessary to assure the availability to the United States of overseas supplies. The Secretary may take the actions described in subparagraph (B), if the Secretary finds that— under generally fair and equitable ceiling prices, for any raw or nonprocessed material or component, there will result a decrease in supplies from high-cost sources of such material and that the continuation of such supplies is necessary to carry out the objectives of this section; or an increase in cost of transportation is temporary in character and threatens to impair maximum production or supply in any area at stable prices of any materials. Upon a finding under subparagraph (A), the Secretary may make provision for subsidy payments on any such produced material from other than covered countries, in such amounts and in such manner (including purchase commitments of such material or component and its resale at a loss, and on such terms and conditions, as the Secretary determines to be necessary to ensure that supplies from such high-cost sources are continued, or that maximum production or supply in such area at stable prices of such materials is maintained, as the case may be. If the Secretary determines that such action will aid the national security interests of the United States, the Secretary is authorized— to procure and install additional equipment, facilities, processes or improvements to plants, factories, and other industrial facilities owned by the Federal Government; to procure and install equipment including owned by the Federal Government in plants, factories, and other industrial facilities owned by private persons; to provide for constructing new facilities, the modification, or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under this subsection or subsection (h); to sell or otherwise transfer equipment owned by the Federal Government and installed under this subsection to the owners of such plants, factories, or other industrial facilities; to construct facilities for the purposes described in section subsection (g)(1); and to apply contracts, grants, or other transactions authorities. Metals, minerals, materials, and components acquired pursuant to this subsection which, in the judgment of the Secretary, are excess to the needs of programs under this section, shall be transferred to the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), or other national reserves if available, when the Secretary deems such action to be in the public interest. Transfers made pursuant to this paragraph shall be made without charge against or reimbursement from funds appropriated for the purposes of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), or other national reserves if available, except that costs incident to such transfer, other than acquisition costs, shall be paid or reimbursed from such funds. When, in the judgment of the Secretary, it will aid the national security interests of the United States, the Secretary may make provision for the development and qualification a of substitutes for strategic and critical materials, components, critical technology items, and other industrial resources. The Secretary may provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of sources for strategic and critical materials, components, critical technology items, and industrial resources essential for the execution of the national security strategy of the United States. The Secretary shall take appropriate actions to ensure that strategic and critical materials, components, critical technology items, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency. For purposes of this paragraph, appropriate action may include— restricting contract solicitations to reliable sources; stockpiling or placing into reserve strategic and critical materials, components, and critical technology items; planning for necessary long-lead times for acquiring such materials, components, and items; or developing and qualifying substitutes for such materials, components, and items. Subsections (g), (h), (i), and (j) may only be carried out using amounts appropriated on or after the date of the enactment of this subsection. Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, and annually thereafter, the Secretary shall submit to the congressional defense committee a report evaluating investments made and any other activities carried out using amounts in the Fund during the year preceding submission of the report. Each report required by paragraph (1) shall include— measures of effectiveness of the investments and activities described in that paragraph in meeting the needs of the Department of Defense and the defense industrial base; an evaluation of the return on investment of all ongoing investments from the Fund; and a description of efforts to coordinate activities carried out using amounts in the Fund with activities to support the defense industrial base carried out under other authorities. In preparing a report required by paragraph (1), the Secretary shall take into account the advice of the defense industry and such other individuals as the Secretary considers relevant. Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the congressional defense committees a report detailing how activities carried out under this section will be coordinated with— activities carried out using amounts in the Defense Production Act Fund under section 304 of the Defense Production Act of 1950 (50 U.S.C. 4534); activities of the Office of Strategic Capital; and any other efforts designed to enhance the defense industrial base. In this section: The term chokepoint means a situation in which— components of the munitions supply chains, including all elements of the munitions supply chain such as chemicals, casings, or other materials, are produced by only one reliable source; or the increased production of a component would significantly increase total output of munitions. The term covered country means— the Russian Federation; the Democratic People’s Republic of Korea; the Islamic Republic of Iran; and the People’s Republic of China. The term reliable source means a citizen or business entity organized under the laws of— the United States or any territory or possession of the United States; a country of the national technology and industrial base, as defined in section 4801; or a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement or any successor document. The term strategic and critical materials has the meaning given that term in section 12(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3(1)). Section 149 of title 10, United States Code, is amended— in subsection (e)— in paragraph (3)(A)(ii)(l)(bb), by inserting or with regard to loans that include an equity feature, the Director reasonably believes the rate of return on the portfolio of such loans will exceed the rate of return on investment of a loan at the yield on marketable securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement before the period at the end; in paragraph (3), by adding at the end the following new subparagraph: The Director may support an eligible investment selected pursuant to this subsection with funds, or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, equity of the eligible entity, receiving support for the eligible investment, or any of its parent or subsidiary companies, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Director may determine. The Director shall develop criteria, taking into consideration the national security and economic interests of the United States, pursuant to which the Director may hold, sell, or otherwise liquidate support for an investment described under clause (i). Solely for the purposes of purchasing equity securities under this subparagraph, the Director shall be treated as a qualified purchaser (as defined in section 2(a)(51) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)(51))) and as an accredited investor under section 2 of the Securities Act of 1933 (15 U.S.C. 77d). in paragraph (8), by striking after and all that follows through the period at the end and inserting the following: after the formal approval of the use of any capital assistance under this subsection.; and by amending subsection (f)(1) to read as follows: The term capital assistance means a loan, loan guarantee, or technical assistance, or the purchase of or investment in equity, (including options, warrants, or other financing in a security with subordination or nonamortization characteristics as the Director determines to be substantially similar to equity financing). (g)Eligible uses of authorities
(1)The Secretary may use the authorities provided by this section with respect to upstream, mid-stream, and downstream supply chains, including material, material production, components, subassemblies, and finished products, testing and qualification, infrastructure, facility construction and improvement, and equipment needed directly for the following: (A)Castings and forgings.
(B)Kinetic capabilities, including sensors, targeting systems, and delivery platforms. (C)Microelectronics.
(D)Machine tools, including but not limited to subtractive, additive, convergent, stamping, forging, abrasives, metrology, and other production equipment. (E)Critical minerals, materials, and chemicals.
(F)Workforce for the defense industrial base. (G)Advanced manufacturing capacity, including echelon manufacturing forward in the Indo-Pacific Command theater.
(H)Unmanned vehicles, including subsurface, surface, land, air one-way, attritables, and launch and recovery platforms. (I)Manned aircraft.
(J)Ground systems. (K)Power sources.
(L)Ship and submarine, including assembly and automation technologies and capabilities, new or modernized infrastructure for new construction or maintenance and sustainment and battle damage repair. (M)Other materiel solutions required to support Indo-Pacific Command operational plans as required.
(N)Defense space systems. (2)The Secretary may not use the authorities provided by this section for any activity in a covered country.
(3)The Secretary may not use the authorities provided by this section for a purpose not described in paragraph (1) unless, not less than 30 days before doing so, the Secretary— (A)determines that—
(i)the use of the authority for that purpose is essential to the national security interests of the United States; and (ii)without the use of the authority for that purpose, United States industry cannot reasonably be expected to provide the capability needed in a timely manner; and
(B)submits to the congressional defense committees a report on the determination that includes appropriate explanatory material. (h)Grants and other incentives for domestic industrial base capabilitiesTo create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national security interests of the United States, the Secretary may make provision for—
(1)use of contracts, grants, or other transaction authorities, including cooperative agreements; (2)incentives for the private sector to develop capabilities in areas of national security interest;
(3)during the 5-year period beginning on the date of the enactment of this subsection, making awards to third party entities to support investments in small- and medium-sized entities working in areas of national security interest, including debt and equity investments, that would benefit missions of the Department of Defense; and (4)subsidies to offset market manipulation or ensure allied and domestic viability of grants made from other market uncertainties.
(i)Defense industrial base purchase commitment program
(1)To create, maintain, protect, expand, or restore industrial base capabilities essential for the national security interests of the United States, the Secretary may make provision for purchase commitments for— (A)Federal Government use or resale of an industrial resource or a critical technology item;
(B)the encouragement of exploration, development, and mining of strategic and critical materials; (C)development of other materials and components;
(D)the development of production capabilities; and (E)the increased use of emerging technologies in defense program applications and the rapid transition of emerging technologies—
(i)from Federal Government-sponsored research and development to commercial applications; and (ii)from commercial research and development to national defense applications.
(2)
(A)Except as provided by subparagraph (B), purchase commitments under paragraph (1) may be made without regard to the limitations of existing law (other than section 1341 of title 31), for such quantities, and on such terms and conditions, including advance payments, and for such periods, but not extending beyond a date that is not more than 10 years from the date on which such purchase was initially made, as the Secretary deems necessary. (B)Purchases commitments under paragraph (1) involving higher than established ceiling prices (or if no such established ceiling prices exist, currently prevailing market prices) or that result in an anticipated loss on resale shall not be made, unless it is determined that supply of the materials could not be effectively increased or provisioned at lower prices or on terms more favorable to the Federal Government, or that such purchases are necessary to assure the availability to the United States of overseas supplies.
(3)
(A)The Secretary may take the actions described in subparagraph (B), if the Secretary finds that— (i)under generally fair and equitable ceiling prices, for any raw or nonprocessed material or component, there will result a decrease in supplies from high-cost sources of such material and that the continuation of such supplies is necessary to carry out the objectives of this section; or
(ii)an increase in cost of transportation is temporary in character and threatens to impair maximum production or supply in any area at stable prices of any materials. (B)Upon a finding under subparagraph (A), the Secretary may make provision for subsidy payments on any such produced material from other than covered countries, in such amounts and in such manner (including purchase commitments of such material or component and its resale at a loss, and on such terms and conditions, as the Secretary determines to be necessary to ensure that supplies from such high-cost sources are continued, or that maximum production or supply in such area at stable prices of such materials is maintained, as the case may be.
(4)If the Secretary determines that such action will aid the national security interests of the United States, the Secretary is authorized— (A)to procure and install additional equipment, facilities, processes or improvements to plants, factories, and other industrial facilities owned by the Federal Government;
(B)to procure and install equipment including owned by the Federal Government in plants, factories, and other industrial facilities owned by private persons; (C)to provide for constructing new facilities, the modification, or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under this subsection or subsection (h);
(D)to sell or otherwise transfer equipment owned by the Federal Government and installed under this subsection to the owners of such plants, factories, or other industrial facilities; (E)to construct facilities for the purposes described in section subsection (g)(1); and
(F)to apply contracts, grants, or other transactions authorities. (5) (A)Metals, minerals, materials, and components acquired pursuant to this subsection which, in the judgment of the Secretary, are excess to the needs of programs under this section, shall be transferred to the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), or other national reserves if available, when the Secretary deems such action to be in the public interest.
(B)Transfers made pursuant to this paragraph shall be made without charge against or reimbursement from funds appropriated for the purposes of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), or other national reserves if available, except that costs incident to such transfer, other than acquisition costs, shall be paid or reimbursed from such funds. (6)When, in the judgment of the Secretary, it will aid the national security interests of the United States, the Secretary may make provision for the development and qualification a of substitutes for strategic and critical materials, components, critical technology items, and other industrial resources.
(j)Strengthening domestic productive capacity
(1)The Secretary may provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of sources for strategic and critical materials, components, critical technology items, and industrial resources essential for the execution of the national security strategy of the United States. (2) (A)The Secretary shall take appropriate actions to ensure that strategic and critical materials, components, critical technology items, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency.
(B)For purposes of this paragraph, appropriate action may include— (i)restricting contract solicitations to reliable sources;
(ii)stockpiling or placing into reserve strategic and critical materials, components, and critical technology items; (iii)planning for necessary long-lead times for acquiring such materials, components, and items; or
(iv)developing and qualifying substitutes for such materials, components, and items. (k)FundingSubsections (g), (h), (i), and (j) may only be carried out using amounts appropriated on or after the date of the enactment of this subsection.
(l)Annual report
(1)Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, and annually thereafter, the Secretary shall submit to the congressional defense committee a report evaluating investments made and any other activities carried out using amounts in the Fund during the year preceding submission of the report. (2)Each report required by paragraph (1) shall include—
(A)measures of effectiveness of the investments and activities described in that paragraph in meeting the needs of the Department of Defense and the defense industrial base; (B)an evaluation of the return on investment of all ongoing investments from the Fund; and
(C)a description of efforts to coordinate activities carried out using amounts in the Fund with activities to support the defense industrial base carried out under other authorities. (3)In preparing a report required by paragraph (1), the Secretary shall take into account the advice of the defense industry and such other individuals as the Secretary considers relevant.
(m)Coordination with other defense industrial base activitiesNot later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the congressional defense committees a report detailing how activities carried out under this section will be coordinated with— (1)activities carried out using amounts in the Defense Production Act Fund under section 304 of the Defense Production Act of 1950 (50 U.S.C. 4534);
(2)activities of the Office of Strategic Capital; and (3)any other efforts designed to enhance the defense industrial base.
(n)DefinitionsIn this section: (1)The term chokepoint means a situation in which—
(A)components of the munitions supply chains, including all elements of the munitions supply chain such as chemicals, casings, or other materials, are produced by only one reliable source; or (B)the increased production of a component would significantly increase total output of munitions.
(2)The term covered country means— (A)the Russian Federation;
(B)the Democratic People’s Republic of Korea; (C)the Islamic Republic of Iran; and
(D)the People’s Republic of China. (3)The term reliable source means 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 defined in section 4801; or
(C)a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement or any successor document. (5)The term strategic and critical materials has the meaning given that term in section 12(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3(1)).. (D)
(i)The Director may support an eligible investment selected pursuant to this subsection with funds, or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, equity of the eligible entity, receiving support for the eligible investment, or any of its parent or subsidiary companies, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Director may determine. (ii)The Director shall develop criteria, taking into consideration the national security and economic interests of the United States, pursuant to which the Director may hold, sell, or otherwise liquidate support for an investment described under clause (i).
(iii)Solely for the purposes of purchasing equity securities under this subparagraph, the Director shall be treated as a qualified purchaser (as defined in section 2(a)(51) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)(51))) and as an accredited investor under section 2 of the Securities Act of 1933 (15 U.S.C. 77d). ; and (1)The term capital assistance means a loan, loan guarantee, or technical assistance, or the purchase of or investment in equity, (including options, warrants, or other financing in a security with subordination or nonamortization characteristics as the Director determines to be substantially similar to equity financing)..
Section 449
881. Department of Defense contracting goals for small business concerns owned and controlled by veterans Chapter 387 of title 10, United States Code, is amended by adding at the end the following new section: In order to increase contracting opportunities for small business concerns owned and controlled by veterans, the Secretary shall establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans that is not less than the Governmentwide goal for that fiscal year for participation by small business concerns owned and controlled by service-disabled veterans under section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)). For purposes of meeting the goals under subsection (a), a contracting officer may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if— such concern is determined to be a responsible source with respect to performance of such contract; the anticipated award price of the contract (including options) will not exceed the amounts established in section 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2)); and in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States. Except as provided in subsection (b), for purposes of meeting the goals under subsection (a) and in accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States. A small business concern may be awarded a contract under this section only if the small business concern and the veteran owner of the small business concern are listed in the database described in section 36(f)(1) of the Small Business Act (15 U.S.C. 657f(f)(1)). In this section, the terms small business concern, small business concern owned and controlled by veterans, and small business concern owned and controlled by service-disabled veterans have the meanings given, respectively, under section 3 of the Small Business Act (15 U.S.C. 632). 4903.Small business concerns owned and controlled by veterans: contracting goals (a)Contracting goalsIn order to increase contracting opportunities for small business concerns owned and controlled by veterans, the Secretary shall establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans that is not less than the Governmentwide goal for that fiscal year for participation by small business concerns owned and controlled by service-disabled veterans under section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)).
(b)Sole source contracts for contracts above simplified acquisition thresholdFor purposes of meeting the goals under subsection (a), a contracting officer may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if— (1)such concern is determined to be a responsible source with respect to performance of such contract;
(2)the anticipated award price of the contract (including options) will not exceed the amounts established in section 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2)); and (3)in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.
(c)Use of restricted competitionExcept as provided in subsection (b), for purposes of meeting the goals under subsection (a) and in accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States. (d)Eligibility of small business concernsA small business concern may be awarded a contract under this section only if the small business concern and the veteran owner of the small business concern are listed in the database described in section 36(f)(1) of the Small Business Act (15 U.S.C. 657f(f)(1)).
(e)Small Business Act definitionsIn this section, the terms small business concern, small business concern owned and controlled by veterans, and small business concern owned and controlled by service-disabled veterans have the meanings given, respectively, under section 3 of the Small Business Act (15 U.S.C. 632)..
Section 450
4903. Small business concerns owned and controlled by veterans: contracting goals In order to increase contracting opportunities for small business concerns owned and controlled by veterans, the Secretary shall establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans that is not less than the Governmentwide goal for that fiscal year for participation by small business concerns owned and controlled by service-disabled veterans under section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)). For purposes of meeting the goals under subsection (a), a contracting officer may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if— such concern is determined to be a responsible source with respect to performance of such contract; the anticipated award price of the contract (including options) will not exceed the amounts established in section 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2)); and in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States. Except as provided in subsection (b), for purposes of meeting the goals under subsection (a) and in accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States. A small business concern may be awarded a contract under this section only if the small business concern and the veteran owner of the small business concern are listed in the database described in section 36(f)(1) of the Small Business Act (15 U.S.C. 657f(f)(1)). In this section, the terms small business concern, small business concern owned and controlled by veterans, and small business concern owned and controlled by service-disabled veterans have the meanings given, respectively, under section 3 of the Small Business Act (15 U.S.C. 632).
Section 451
882. Permanent extension of phase flexibility and inclusion of small business technology transfer program Section 9(cc) of the Small Business Act (15 U.S.C. 638(cc)) is amended— by striking During fiscal years 2012 through 2025, the and inserting The; and by inserting or STTR program after SBIR program each place it appears.
Section 452
883. Authority to make additional sequential Phase II awards under the Small Business Innovation Research program or Small Business Technology Transfer program Notwithstanding paragraph (1) of section 9(ff) of the Small Business Act (15 U.S.C. 638(ff)(1)), during each of fiscal years 2026 through 2029, the Secretary of Defense may award one additional sequential Phase II SBIR award or one additional sequential Phase II STTR award during each such fiscal year to a small business concern that received an additional Phase II award under such paragraph (1) for continued work on the project for which the small business concern received such award. In carrying out this section, the Secretary of Defense— may use not more than 3 percent of the funds allocated to the SBIR program or STTR program of the Department, as applicable; shall minimize, to the maximum extent possible, the number of awards made using the authority under this section; and shall notify the Administrator of the Small Business Administration of the use of the authority under this section before making an award under this section that includes an explanation of why the Secretary elected to use the authority under this paragraph instead of seeking a Phase III award for such project. In this section, the terms SBIR, STTR, and Phase II have the meanings given, respectively, in section 9 of the Small Business Act (15 U.S.C. 638).
Section 453
884. Congressional notification requirements for small business concerns for any significant contract termination Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise section 249.7001 of the Department of Defense Supplement to the Federal Acquisition Regulation (or any successor regulation) to extend the congressional notification requirements for any significant contract termination to include contracts awarded to a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)).
Section 454
885. Authorization of use of APEX Accelerators Notwithstanding any other provision of law, APEX Accelerators may assist small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) in receiving contracts for the production of and research on defense articles (as defined in section 301 of title 10, United States Code) under the partnership among Australia, the United Kingdom, and the United States (commonly known as AUKUS).
Section 455
886. CMMC Certification Assessment support Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the Small Business Administration and the Commissioner of the Internal Revenue Service, shall submit to the Committees on Ways and Means and on Small Business of the House of Representatives a report identifying each Federal resource and each business or personal tax credit or deduction that may be available to a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) for the costs of a Cybersecurity Maturity Model Certification assessment described in part 170 of title 32, Code of Federal Regulations. Not later than 30 days after the Secretary of Defense submits the report required by subsection (a), the Secretary shall make publicly available on a website of the Department of Defense a list of the Federal resources and business and personal tax credits and deductions identified in such report, including a description of each such Federal resource and business or personal tax credit or deduction. In this section, the term Federal resource means a program or activity of the Federal Government under which Federal funds are made available or awarded, including Federal loans, grants, and other Federal awards and assistance.
Section 456
887. Study on certain contracts and awards to small business concerns The Secretary of Defense, acting through the Office of Small Business Programs, shall carry out a study to review contracts awarded with a value at or below the simplified acquisition threshold (as defined in section 3015 of title 10, United States Code) to determine if the Department of Defense is ensuring full consideration and application of requirements relating to small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)). Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report on the results of the study required by this section. Such report shall include— the total dollar amount of contracts awarded with a value at or below the simplified acquisition threshold during the five-year period preceding the date of the report, including the percentage of such contracts and the aggregate dollar amount of such contracts awarded to small business concerns; an overview of the types of contracts with a value at or below the simplified acquisition threshold, and description of the products or services, that were not awarded to small business concerns; an overview of the reasons why a contract with a value at or below the simplified acquisition threshold may not be set aside for small business concerns; any trends, themes, or patterns of contracts with a value at or below the simplified acquisition threshold that were awarded to entities that are not small business concerns when such a contract should have been subject to a requirement to be set aside for small business concerns; and recommendations for changes to statute, regulation, policy, or guidance that would ensure full consideration and application of requirement to set aside contracts for small business concerns, particularly contracts with a value at or below the simplified acquisition threshold.
Section 457
891. Special Operations Command Urgent Innovative Technologies and Capabilities Pilot Program The Commander of the United States Special Operations Command shall carry out a pilot program to be known as the USSOCOM Urgent Innovative Technologies and Capabilities Pilot Program (in this section referred to as the Program) to accelerate the research, development, testing, procurement, and initial sustainment of innovative technologies and equipment that enhance the operational capabilities of Special Operations Forces to meet emerging mission requirements. The Commander shall— establish procedures for component special operations units to submit requests to the Commander for the inclusion of innovative technologies and equipment in the Program; and use authorities under section 167(e)(4) of title 10, United States Code, to carry out the Program. Not later than one year after the date of the enactment of this section, and annually thereafter for the duration of the Program, the Commander of the United States Special Operations Command shall submit to the congressional defense committees a report on the implementation and effectiveness of the Program. Each report shall include the following: A summary of activities carried out under the Program along with documentation of planned expenditures. An assessment of the effect of innovative technologies and equipment included in the Program on the operational capabilities of the United States Special Operations Command. Recommendations for the continuation, expansion, or modification of the Program. A description of any challenges encountered and lessons learned. A description of any action using established procedures for a reprogramming of funds in an amount greater than the approved amount for such reprogramming, as established by Congress, to carry out the Program. The authority to carry out the Program under this section shall terminate on the date that is five years after the date of the enactment of this Act.
Section 458
892. Inventory of technical data rights for weapon system sustainment Not later than 90 days after the date of the enactment of this Act, each service acquisition executive shall initiate a process to establish an inventory of the required covered data related to procured covered systems. Such inventory shall be made available for use by employees of the Department of Defense or depot maintenance support contractors. In conducting the inventory required by subsection (a), each service acquisition executive shall review requirements for covered data identified during the design, development, and procurement of a covered system including, as applicable— the planning for sustainment and the development of a life cycle cost estimate for the covered system required by paragraphs (4) and (6) of section 4251(b) of title 10, United States Code; the life-cycle sustainment planning required by paragraph (10) of section 4252(b) of title 10, United States Code; the estimate of requirements for core logistics capabilities required by paragraph (11) of such section 4252(b); the actions planned to acquire technical data required by paragraph (13) of such section 4252(b); the assessment of the long-term technical data needs required by subsection (a)(1)(A) of section 3774 of title 10, United States Code; the acquisition strategy to provide for technical data rights required by subsection (a)(1)(B) of such section 3774; the assessment and strategy related to inclusion of a priced contract option required by subsection (b)(2) of such section 3774; the assessment and strategy related to the potential for changes in the sustainment plan over the life cycle of the covered system required by subsection (b)(3) of such section 3774; the product support strategy developed by the product support manager under section 4324(b)(1)(A) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act; requirements related to rights in technical data as described in section 3772 of title 10, United States Code. requirements related to acquisition or licensing of intellectual property required by section 3791 of title 10, United States Code, as it pertains to the covered system; the intellectual property management plan for product support required by section 4324(b)(1)(G) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act; and the identification of major maintenance and overhaul requirements that will be required during the life cycle of the covered system required by section 4324(b)(1)(J) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act. After completing the inventory required by subsection (a), the service acquisition executive shall publish an assessment of covered data related to procured covered systems. In conducting this assessment, the service acquisition executive shall, for each requirement identified in subsection (b)— confirm that the service acquisition executive has, or has access to, the covered data described in the requirement; describe the physical or electronic storage location of the covered data that is in the possession of the service acquisition executive concerned, or the method of access to the covered data, as applicable; and describe the category of rights, including customized commercial licenses or specially negotiated licenses, associated with the covered data. Based on the review of requirements in subsection (b) and the assessment required by subsection (c), the service acquisition executive shall specifically identify any insufficiency in the possession of, or access to, covered data that negatively affects the ability of a Secretary of a military department to effectively operate the procured covered system and maintain it in a cost-effective manner. For each procured covered system, the service acquisition executive shall— work with any contractor for such procured covered system to— determine the best approach to remedy an insufficiency identified pursuant to subsection (d) in the most cost-effective manner practicable; and develop a cost estimate associated such remedy; and provide to the Secretary of Defense and chiefs of the Armed Forces the cost estimate described in paragraph (1)(B) and a recommended plan of action, including the funding required to provide such remedy. Not later than April 1, 2026, and every 90 days thereafter until the inventory required by subsection (a) is complete, each service acquisition executive shall provide to the congressional defense committees a briefing on— progress made toward completing the inventory; a summary of findings from the inventory; efforts to remedy an insufficiency in covered data, including a summary of actions to fund such remedy; a description of the method used in negotiating with any relevant contractor to access covered data, including use of customized commercial licenses or specially negotiated licenses, associated with the covered data; and any lessons learned to plan for and acquire covered data related to procured covered systems. The cadre of intellectual property experts established under section 1707 of title 10, United States Code, shall provide advice, assistance, and resources to a service acquisition executive in conducting an inventory required by this section. In this Act: The term service acquisition executive has the meaning given in section 101 of title 10, United States Code. The term covered system means— a major defense acquisition program as defined in section 4201 of title 10, United States Code; or an acquisition program or project that is carried out using the rapid prototyping or rapid fielding acquisition pathway under section 3602 of such title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of such title. The term covered data means technical data and computer software. The term depot maintenance support contractor means a contractor performing a contract under the direction and control of the Secretary of Defense in support of depot-level maintenance and repair (as defined in section 2460 of title 10, United States Code). The term procured covered system means a covered system for which the Secretary of Defense has taken delivery of, has access to, or has negotiated terms to enable guaranteed access or delivery at a future date, for use by employees of the Department of Defense or depot maintenance support contractors.
Section 459
893. Establishing biobased product merit guidance Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in coordination with the Secretaries of the military departments, shall develop and make public available guidance for private entities on how such entities can effectively prove that a biobased product of such entity provides capabilities meeting the requirements of the Department of Defense. The Comptroller General of the United States shall conduct an analysis of the process of the Department of Defense for developing requirements to determine if such processes intentionally or unintentionally exclude biobased products. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the findings of the analysis conducted under paragraph (1) and, if Comptroller General determines through such analysis that the processes described in such paragraph exclude biobased products, containing recommendations of the Comptroller General to reduce such exclusion. In this section, the term biobased product means a product manufactured, produced, or developed through the application living organisms to alter living or non-living materials.
Section 460
894. Comptroller General assessment of competitive effects of mergers and acquisitions of defense contractors The Comptroller General of the United States shall conduct an assessment and submit to the congressional defense committees a report on the competitive effects of mergers and acquisitions of defense contractors during the ten-year period preceding the date of the enactment of this Act that includes— the effectiveness of any remedy relating to a merger or acquisition of defense contractors on defense industry competition and defense industrial base sustainability; the effectiveness of information sharing between the Attorney General, the Federal Trade Commission, and the Secretary of Defense in the merger and acquisition review process; an analysis of the processes used by the Secretary of Defense for measuring the effect of vertical integration of defense contractors on competition, including data collection and the ability to access information from defense contractors that are parties to the merger or acquisition to assess anticompetitive practices among defense contractors; and implementation of previous recommendations of the Comptroller General, the Secretary of Defense, or the Defense Science Board to enhance competition among defense contractors.
Section 461
895. Report on limitations relating to the production of clothing and textiles for procurement by the Department of Defense Not later than June 30, 2026, the Secretary of Defense shall submit to the congressional defense committees a report— addressing stockpiling constraints, bottlenecks, and other limitations relating to the production of clothing and textiles for procurement by the Department of Defense; and containing an assessment of the creation of an Emergency Textiles Stockpile Fund to support the expansion of production of clothing and textiles to meet the requirements for contingency operations.
Section 462
896. Report by Secretary of Defense on foreign acquisition of dual-use technologies Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Commerce, shall submit to Congress a report that— identifies the types and estimated number of dual-use technologies developed or manufactured in the United States that have been acquired by entities linked to the Chinese Communist Party during the 5-year period preceding the submission of the report; describes the primary methods by which such technologies were acquired by such entities; and provides recommendations to strengthen protections against foreign acquisition of dual-use technologies developed or manufactured in the United States. In this section, the term dual-use has the meaning given such term in section 4801 of title 10, United States Code.
Section 463
897. Inspector General of the Department of Defense annual report on oversight of fraud, waste, and abuse The Inspector General of the Department of Defense shall submit to Congress and the Comptroller General of the United States a detailed annual report containing— the total amount and dollar value of oversight investigations into fraud waste and abuse conducted by the Department of Defense Office of Inspector General, and the total amount and dollar value of oversight investigations into fraud, waste, and abuse conducted by the Offices of Inspector General of each of the military departments; statistical tables showing— the total number and dollar value of oversight investigations completed and pending, set forth separately by type of oversight investigation; the priority given to each type of oversight investigation; the length of time taken for each type of oversight investigation, both from the date of receipt of a qualified incurred cost submission and from the date the oversight investigation begins; the aggregate cost of performing oversight investigations, set forth separately by type of oversight investigation; and the total number and dollar value of oversight investigations that are pending for a period longer than one year as of the end of the fiscal year covered by the report, and the fiscal year in which the qualified submission was received, set forth separately by type of oversight investigation; a summary of any recommendations of actions or resources needed to improve the oversight investigation process; and any other matters the Inspector General considers appropriate. Each report submitted under subsection (a) shall be made publicly available. This section shall cease to have any force or effect after the end of the 4-year period beginning on the date of enactment of this Act.
Section 464
898. Report on supply of rare earth materials and elements Not later than one year after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of the Interior, shall submit to Congress a report on the supply of rare earth materials and elements extracted, processed, and refined from secure sources of supply to develop and produce advanced technologies of the Department of Defense.
Section 465
898A. Requirements management tools in Department of Defense acquisition programs Not later than 180 days after the date of the enactment of this section, the Under Secretary of Defense for Acquisition and Sustainment shall, with respect to solicitations, contracts, and task orders for systems and software engineering programs— require— the use of open, modular, and offeror-agnostic requirements management tools; and that such tools be compatible with— modern data interchange standards (including the Requirements Interchange Format)); and publicly available application programming interfaces to facilitate integration with contemporary software development environments and tools; require that all contractor-developed user requirements data (including traceability, version history, acceptance criteria, and verification links) are delivered in non-proprietary, human-readable, and machine-readable formats that are fully portable across platforms; require all program executive officers, program managers, and contracting officers to— ensure that contract requirements are not tied to specific offerors in order to enable full and open competition across software toolsets and platforms; evaluate the interoperability, data portability, and openness of proposed requirements management solutions during source selection and technical reviews; and give priority to tools and platforms that demonstrate alignment with modern software engineering principles, including traceability, automation, real-time collaboration, and extensibility through application programming interfaces and plug-in architectures; prohibit reliance on proprietary or closed-source tools that limit interoperability or constrain access, reuse, or long-term data ownership; and encourage the use of cloud-native, collaborative, and scalable software solutions for managing user requirements that align with best practices for agile and development, security, and operation development environments. Not later than 270 days after the date of enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report describing— the actions taken by each Secretary of a military department and Defense Agency to implement subsection (a); and any challenges with respect to such implementation and strategies for resolving such challenges. In this section: The term program executive officer means an individual described in section 1732(a) of title 10, United States Code. The term requirements management tool means a software capability used to capture, trace, analyze, and manage user, system, and software requirements across the acquisition lifecycle.
Section 466
898B. Report on Defense Department’s lithium supply chain and applications for future advanced military capabilities Not later than March 1, 2026, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the Department of Defense’s current supply and anticipated need for lithium. The report required by subsection (a) shall include the following: An assessment of crucial military electronics, communication devices, infrastructure, vehicles, and conventional and nuclear weapons infrastructure that utilize lithium compounds, including lithium carbonate, lithium hydroxide, and lithium metals. An assessment of the Department’s anticipated demand for lithium compounds and lithium-based materials for future advanced weapons systems, including unmanned surface, aerial, and underwater vessels requiring modular battery systems, and for energy storage solutions to enhance power grid resilience and advance artificial intelligence data center systems. An assessment of potential lithium supply-chain risks that pose a threat to military readiness and the feasibility of leveraging and partnering with commercial industry to strengthen the supply of lithium and address identified vulnerabilities. A description of the Department’s current and anticipated use of procurement authorities for obtaining domestically processed critical minerals, including lithium.
Section 467
898C. Cybersecurity regulatory plan Not later than June 1, 2026, the Chief Information Officer of the Department of Defense, in coordination with the Chief Information Officer of each military department, shall submit to the congressional defense committees a plan to reduce the cybersecurity regulatory burden on the Defense Industrial Base. The plan required by subsection (a) shall include— a process for assessing future proposed cybersecurity contractual requirements for duplication; a process for coordinating and centralizing approved cybersecurity requirements; and a coordination mechanism with industry to characterize the industry position on any new cybersecurity contractual requirements, to include a cost-estimate, a cost-benefit analysis, and an assessment as to whether the control is considered duplicative to existing security controls.
Section 468
898D. Report on waivers of security requirements for certain software contracts 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 contracts awarded to offerors of software applications and software services for which a waiver of security requirements relating to such applications and services has been granted. Such report shall include the following: The name of the software application or service. The number and type of waivers that were granted to statutes, regulations, and policies. A comprehensive justification for granting the waiver instead of awarding the contract to a compliant offeror.
Section 469
899. Definitions In this subtitle: The term covered foreign country means any of the following: The People’s Republic of China. The Russian Federation. The Islamic Republic of Iran. The Democratic People’s Republic of Korea. The term covered foreign entity means an entity that is domiciled in a covered foreign country, or subject to influence or control by the government of a covered foreign country as determined by the Secretary of Homeland Security or the Secretary of Defense, and any subsidiary or affiliate of such an entity. The term covered unmanned ground vehicle system— means a mechanical device that— is capable of locomotion, navigation, or movement on the ground; and operates at a distance from one or more operators or supervisors based on commands or in response to sensor data, or through any combination thereof; and includes— remote surveillance vehicles, autonomous patrol technologies, mobile robotics, and humanoid robots; and the vehicle, its payload, and any external device used to control the vehicle.
Section 470
899A. Prohibition on procurement of covered unmanned ground vehicle systems from covered foreign entities Except as provided under subsection (b), the head of an executive agency may not procure any covered unmanned ground vehicle system that is manufactured or assembled by a covered foreign entity. 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— is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned ground vehicle system or counter-unmanned ground vehicle system technology; 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 ground vehicle system or counter-unmanned ground vehicle technology; or is an unmanned ground vehicle 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.
Section 471
899B. Prohibition on operation of covered unmanned ground vehicle systems from covered foreign entities Beginning on the date that is one year after the date of the enactment of this Act, no Federal department or agency may operate a covered unmanned ground vehicle system manufactured or assembled by a covered foreign entity. The prohibition under paragraph (1) applies to any covered unmanned ground vehicle systems that are being used by any executive agency through the method of contracting for the services of covered unmanned ground vehicle systems. 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— is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned ground vehicle system or counter-unmanned ground vehicle system technology; 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 ground vehicle system or counter-unmanned ground vehicle system technology; or is an unmanned ground vehicle 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.
Section 472
899C. Prohibition on use of Federal funds for procurement and operation of covered unmanned ground vehicle systems manufactured by certain foreign entities Beginning on the date that is one year 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— to procure a covered unmanned ground vehicle system that is manufactured or assembled by a covered foreign entity; or in connection with the operation of such a robot or unmanned ground vehicle system. 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— is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned ground vehicle system or counter-unmanned ground vehicle system technology; 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 ground vehicle system or counter-unmanned ground vehicle system technology; or is an unmanned ground vehicle 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.
Section 473
901. Prohibition of diversity, equity, and inclusion programs of the Department of Defense Section 113 of title 10, United States Code, is amended— in subsection (c)— by striking paragraph (2); and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; in subsection (g)(1)(B)— by striking clause (vii); and by redesignating clauses (viii), (ix), and (x) as clauses (vii), (viii), and (ix), respectively; and by striking subsections (l) and (m) and by redesignating subsections (n) and (o) as subsections (l) and (m), respectively. Section 147 of title 10, United States Code, is repealed. Section 656 of title 10, United States Code, is repealed. Except as provided in paragraph (2), the Secretary of Defense may not— maintain an office relating to diversity, equity, inclusion, or accessibility or any substantially similar office; maintain or employ a chief diversity officer or a substantially similar officer; develop, implement, distribute, or publish— plans, strategic plans, reports, or surveys relating to diversity, equity, inclusion, and accessibility; action plans, reports, or surveys relating to equity or substantially similar plans, reports, or surveys; develop, implement, or maintain an employee resource group or an affinity group based on race, color, ethnicity, religion, national origin, sexual orientation, or gender identity; develop, implement, or maintain an agency equity team or a substantially similar team; develop, implement, distribute, publish, establish, or purchase— a training course relating to— diversity; equity; inclusion; a critical theory relating to race, gender, or otherwise; or intersectionality; or a training course substantiality similar to a training course described in clause (i); develop, implement, or maintain a diversity, equity, inclusion, and accessibility data dashboard or a substantially similar data dashboard; or maintain or employ a position relating to diversity, equity, inclusion, or accessibility. Nothing in paragraph (1) shall be construed to prevent the Secretary of Defense from maintaining or operating— Equal Employment Opportunity offices as historically organized and operated within the Department of Defense; or an office enforcing the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or similar programs or offices as historically organized and operated within the Department of Defense.
Section 474
902. Modification to authorities of the Under Secretary of Defense for Research and Engineering Section 133a(b) of title 10, United States Code, is amended— in paragraph (2), by striking and at the end; in paragraph (3), by striking the period at the end and inserting a semicolon; and by adding at the end the following new paragraphs: having the authority to direct the Secretaries of the military departments and the heads of other elements of the Department with regard to matters for which the Under Secretary has responsibility; and conducting developmental prototyping, designing and executing experiments of prototypes in the field to demonstrate operational relevance to address joint force capability gaps, and encouraging and supporting the rapid transition of technology from the research and development phase into operational use within the Department. (4)having the authority to direct the Secretaries of the military departments and the heads of other elements of the Department with regard to matters for which the Under Secretary has responsibility; and
(5)conducting developmental prototyping, designing and executing experiments of prototypes in the field to demonstrate operational relevance to address joint force capability gaps, and encouraging and supporting the rapid transition of technology from the research and development phase into operational use within the Department..
Section 475
903. Modification to authorities of the Director of Operational Test and Evaluation Section 139 of title 10, United States Code, as amended by section 1801 of this Act, is further amended— in subsection (b)— in paragraph (6), by striking and at the end; in paragraph (7), by striking the period at the end and inserting ; and; and by adding at the end the following new paragraph: coordinate with operational test and evaluation organizations of the armed forces to review their service-approved test and evaluation master plans. in subsection (k), by inserting , and shall not be subject to any limitation that does not allow for sufficient staffing to fulfill the duties and responsibilities assigned by this section before the period at the end; and by adding at the end the following new subsection: The Director may enter into contracts with one or more federally funded research and development centers pursuant to which personnel of such centers may assist the Director with program oversight, including through— test planning, preparation and monitoring; data collection; data analysis; drafting and reviewing test reports; providing technical expertise and support to program offices; and performing such other duties as the Director determines appropriate. The Secretary of Defense shall ensure that the Director has sufficient funding to enter into the contracts for which authorization is provided under paragraph (1). (8)coordinate with operational test and evaluation organizations of the armed forces to review their service-approved test and evaluation master plans.; (l) (1)The Director may enter into contracts with one or more federally funded research and development centers pursuant to which personnel of such centers may assist the Director with program oversight, including through—
(A)test planning, preparation and monitoring; (B)data collection;
(C)data analysis; (D)drafting and reviewing test reports;
(E)providing technical expertise and support to program offices; and (F)performing such other duties as the Director determines appropriate.
(2)The Secretary of Defense shall ensure that the Director has sufficient funding to enter into the contracts for which authorization is provided under paragraph (1)..
Section 476
904. Additional authorities for the Office of Strategic Capital Section 149(e) of title 10, United States Code, is amended— in paragraph (3)(A)(ii)(VI), by striking Secretary and inserting Director; by amending clause (ii) of paragraph (5)(A) to read as follows: The Department of Defense Credit Program Account shall be credited with amounts appropriated pursuant to the authorization of appropriations and fees and payments received under paragraph (6). by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and by inserting after paragraph (5) the following new paragraph: The Director may charge and collect fees and collect payments to reimburse costs incurred by the Office in connection with an application for, or as a condition of an eligible entity receiving or restructuring, capital assistance under this subsection. The Director may set the fees at a level that the Director considers appropriate. Fees and payments received under this paragraph shall be credited to the Department of Defense Credit Program Account to remain available until expended for costs and expenditures as provided under clauses (ii) through (iv) of paragraph (5)(B). Except as provided in clause (ii), no fees or payments may be received pursuant to the authority provided under subparagraph (A) as of the date specified in paragraph (11). With respect to loan and loan guarantees for which an obligation was incurred prior to the expiration date in paragraph (11), the Director may continue to charge and collect fees and cost reimbursements in connection with such loan and loan guarantee assets until fully collected. (ii)The Department of Defense Credit Program Account shall be credited with amounts appropriated pursuant to the authorization of appropriations and fees and payments received under paragraph (6).; (6) (A)The Director may charge and collect fees and collect payments to reimburse costs incurred by the Office in connection with an application for, or as a condition of an eligible entity receiving or restructuring, capital assistance under this subsection. The Director may set the fees at a level that the Director considers appropriate. Fees and payments received under this paragraph shall be credited to the Department of Defense Credit Program Account to remain available until expended for costs and expenditures as provided under clauses (ii) through (iv) of paragraph (5)(B).
(B)
(i)Except as provided in clause (ii), no fees or payments may be received pursuant to the authority provided under subparagraph (A) as of the date specified in paragraph (11). (ii)With respect to loan and loan guarantees for which an obligation was incurred prior to the expiration date in paragraph (11), the Director may continue to charge and collect fees and cost reimbursements in connection with such loan and loan guarantee assets until fully collected..
Section 477
905. Further modifications to capital assistance program of the Office of Strategic Capital Section 149 of title 10, United States Code, as amended by section 904, is further amended— in subsection (d), by inserting or equity investment after direct loan; in subsection (e)— in paragraph (3)— in subparagraph (A)(ii)(I), by amending item (bb) to read as follows: The Director may waive the requirement under item (aa) with respect to an investment if— the investment is determined by the Secretary of Defense, acting through the Director, to be vital to the national security of the United States; or in the case of a convertible debt instrument, the Director believes the total return on investment of such convertible debt instrument will exceed the total return on investment of a loan with an interest rate at the yield on marketable securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement. by adding at the end the following new subparagraph: The Director may, as a minority investor, support an eligible investment selected pursuant to subsection (d) with funds or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, financial interests (including equity and quasi-equity securities (such as warrants)) of the eligible entity receiving support for the eligible investment, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Secretary may determine. The Director may seek to sell and liquidate any support for an eligible investment provided under subparagraph (A)(i) commensurate with other similar investors in the eligible investment and taking into consideration the national security interests of the United States. by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; by inserting after paragraph (6) the following new paragraph: There is established in the Treasury of the United States a Department of Defense Equity Program Account to hold equity instruments obtained under this subsection. In addition to equity instruments described in subparagraph (A), the Equity Program Account shall consist of amounts appropriated to carry out this subsection. by amending paragraph (10), as so redesignated, to read as follows: The Director shall notify the congressional defense committees not later than 30 days after any capital assistance is provided under this subsection. in paragraph (11), as so redesignated, by adding at the end the following new subparagraph: The authority of the Director to make equity investments under this subsection shall expire on October 1, 2028. Any equity investments made under this subsection that are outstanding as of such date shall continue to be subject to the terms, conditions, and other requirements of this subsection. in subsection (f), by amending paragraph (1) to read as follows: The term capital assistance means a loan, loan guarantee, convertible debt instrument, equity security, quasi-equity security (such as a warrant), or technical assistance. (bb)The Director may waive the requirement under item (aa) with respect to an investment if—
(AA)the investment is determined by the Secretary of Defense, acting through the Director, to be vital to the national security of the United States; or (BB)in the case of a convertible debt instrument, the Director believes the total return on investment of such convertible debt instrument will exceed the total return on investment of a loan with an interest rate at the yield on marketable securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement.; and (D) (i)The Director may, as a minority investor, support an eligible investment selected pursuant to subsection (d) with funds or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, financial interests (including equity and quasi-equity securities (such as warrants)) of the eligible entity receiving support for the eligible investment, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Secretary may determine.
(ii)The Director may seek to sell and liquidate any support for an eligible investment provided under subparagraph (A)(i) commensurate with other similar investors in the eligible investment and taking into consideration the national security interests of the United States.; (7) (A)There is established in the Treasury of the United States a Department of Defense Equity Program Account to hold equity instruments obtained under this subsection.
(B)In addition to equity instruments described in subparagraph (A), the Equity Program Account shall consist of amounts appropriated to carry out this subsection.; and (10)The Director shall notify the congressional defense committees not later than 30 days after any capital assistance is provided under this subsection.; and (C)The authority of the Director to make equity investments under this subsection shall expire on October 1, 2028. Any equity investments made under this subsection that are outstanding as of such date shall continue to be subject to the terms, conditions, and other requirements of this subsection.. (1)The term capital assistance means a loan, loan guarantee, convertible debt instrument, equity security, quasi-equity security (such as a warrant), or technical assistance..
Section 478
911. Membership of Commandant of the Coast Guard on the Joint Chiefs of Staff Section 151(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: The Commandant of the Coast Guard. Section 152 of such title is amended— in subsection (b)(1)(B) by striking or the Chief of Space Operations and inserting the Chief of Space Operations, or the Commandant of the Coast Guard; and in subsection (c), by striking Navy and inserting Navy or Coast Guard. Section 154(f) of such title is amended by striking Navy and inserting Navy or Coast Guard. Section 155(a) of such title is amended— in paragraph (2)— in the matter preceding subparagraph (A), by striking (other than the Coast Guard); in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the period at the end and inserting ; and; and by adding at the end the following new subparagraph: the Coast Guard. in paragraph (3), by striking Secretary of the military department having jurisdiction over that armed force and inserting Secretary concerned. Section 302 of title 14, United States Code, is amended— by striking The President may and inserting the following: The President may by adding at the end the following new subsection: The Commandant of the Coast Guard shall also perform the duties prescribed for the Commandant as a member of the Joint Chiefs of Staff under section 151 of title 10. To the extent that such action does not impair the independence of the Commandant in the performance of the Commandant’s duties as a member of the Joint Chiefs of Staff, the Commandant shall inform the Secretary of the department in which the Coast Guard is operating regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting such department. Subject to the authority, direction, and control of the Secretary of Defense, the Commandant shall keep the Secretary of the department in which the Coast Guard is operating fully informed of significant military operations affecting the duties and responsibilities of such Secretary. (9)The Commandant of the Coast Guard.. (D)the Coast Guard.; and (a)The President may; and (b) (1)The Commandant of the Coast Guard shall also perform the duties prescribed for the Commandant as a member of the Joint Chiefs of Staff under section 151 of title 10.
(2)To the extent that such action does not impair the independence of the Commandant in the performance of the Commandant’s duties as a member of the Joint Chiefs of Staff, the Commandant shall inform the Secretary of the department in which the Coast Guard is operating regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting such department. (3)Subject to the authority, direction, and control of the Secretary of Defense, the Commandant shall keep the Secretary of the department in which the Coast Guard is operating fully informed of significant military operations affecting the duties and responsibilities of such Secretary..
Section 479
912. Joint Counter-Small Unmanned Aircraft Systems Office Subchapter I of chapter 8 of title 10, United States Code, is amended by adding at the end the following new section: There is established in the Department of Defense a joint activity to be known as the Joint Counter-Small Unmanned Aircraft Systems Office (referred to in this section as the Office). There is a Director of the Office (referred to in this section as the Director) who shall be appointed by the Secretary of Defense from among personnel of the Department of Defense who are— general or flag officers of the covered armed forces; or members of the Senior Executive Service. The Director shall report directly to Deputy Secretary of Defense and shall serve as the principal advisor to the Deputy Secretary and the Chairman of the Joint Chiefs of Staff on counter-small unmanned aircraft system matters. The Office shall— be designated as a jointly manned activity; and shall consist of such other subordinate organizational elements as the Director determines appropriate, subject to the authority, direction, and control of the Secretary of Defense. The Office shall do the following: Lead, advocate, coordinate, and focus all Department of Defense actions in support of efforts of the combatant commands and the covered armed forces to defeat small unmanned aircraft systems (referred to in this section as sUAS) as weapons of strategic influence. Integrate all counter-sUAS solutions throughout the Department of Defense, seeking interagency assistance as necessary. Identify innovative near-term (executable within a 5 year timeframe) counter-sUAS solutions. Coordinate with other components of the Department of Defense to carry out ongoing mid-term (covering a 5-10 year timeframe) research and development initiatives and long-term (covering a timeframe exceeding 10 years) science and technology efforts that could help address the counter-sUAS threat. Coordinate efforts of the Department of Defense to identify, assess, and disrupt adversarial unmanned aircraft system supply chains and financial threat networks that support such supply chains. Coordinate with the United States Northern Command, or any successor entity serving as the lead synchronizer for homeland counter small unmanned aircraft systems, to develop and deploy counter-sUAS capabilities for homeland defense. Develop and share counter-sUAS training tools, expertise, and tactics, techniques, and procedures for components of the Department of Defense that address needs of the joint force, deploying forces, installation defense within and outside the United States, and other relevant scenarios. Coordinate efforts across the Department of Defense to develop, test, evaluate, and procure counter-sUAS kinetic and non-kinetic defeat capabilities, including— systems to sense, identify, track, and defeat small unmanned aircraft systems, both kinetically and non-kinetically; command and control systems; and such other capabilities the Director determines appropriate. Carry out the counter-sUAS validation and acquisition responsibilities described in subsections (e) and (f). Develop and regularly update a counter-sUAS strategic plan in accordance with subsection (g). Carry out such other activities relating to counter-sUAS as the Secretary of Defense determines appropriate. The Office shall serve as the entity within the Department of Defense with primary responsibility for the validation and approval of counter-sUAS systems for procurement and use by the Department. In coordination with other components of the Department of Defense, the Director shall develop, maintain, and regularly update a list of counter-sUAS systems that are validated and approved for procurement and use by the Department as described in paragraph (1). The Director shall ensure that each counter-sUAS system on the list has been vetted by the Office and has proven to be effective for use by the Department in countering sUAS. Except as provided in paragraph (4), no component of the Department of Defense may procure a counter-sUAS system unless such system— has been validated and approved by the Office under paragraph (1); and is included on the list maintained under paragraph (2). The service acquisition executive of the military department concerned (in the case of a procurement by a military department) or the Under Secretary of Defense for Acquisition and Sustainment (in the case of a procurement not under the authority of a service acquisition executive) may waive the restriction under paragraph (3), on a case-by-case basis, by submitting to the congressional defense committees— notice of the intent to issue such a waiver; and an explanation of the reasons for issuing the waiver. The Director shall establish and maintain an acquisition oversight division within the Office. The acquisition oversight division shall— include acquisition professionals from relevant Program Executive Offices within each covered armed force; support and facilitate efforts of the covered armed forces— to budget and plan for the integration and sustainment of counter-sUAS capabilities that are approved and validated by the Office under subsection (e); and to efficiently and effectively transition such capabilities into operational use; and have such other duties and responsibilities as the Director determines appropriate. The Director shall coordinate with relevant components of the Department of Defense, to develop, publish, and regularly update a strategic plan for the counter-sUAS activities of the Department, which shall include— measures to coordinate the various counter-sUAS efforts of the Department to ensure cohesion among such efforts; guidance for counter-sUAS related investment and manpower decisions across the Department, including necessary science and technology investments; and performance measures, goals, and lines of effort required to achieve the strategic objectives of the plan. Not later than 120 days after the date on which the Office commences operations, the Director shall complete and submit to the congressional defense committees the initial strategic plan developed under paragraph (1). Not less frequently than once every two years after completion of the initial strategic plan under paragraph (2), the Director shall— update the plan; and submit the updated plan to the congressional defense committees. Following completion of each version of the strategic plan under this subsection, each commander of a geographic combatant command shall develop an implementation plan to guide the combatant command overseen by that commander in achieving the vision, mission, goals, and performance measures of the strategic plan. On an annual basis, the Director shall submit to the congressional defense committees a report that includes— a summary of the activities of the Office over the period covered by the report, including a description of— the progress of the Office in carrying out the requirements of this section; and the metrics used to measure such progress; and a summary of the expenditures made by the Office in the period covered by the report for counter-sUAS related research, development, test, and evaluation, procurement, and sustainment activities. In this section: The term counter-sUAS system means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of a small unmanned aircraft or small unmanned aircraft system. The term covered armed forces means the Army, Navy, Air Force, Marine Corps, and Space Force. The terms small unmanned aircraft, unmanned aircraft, and unmanned aircraft system have the meanings given those terms in section 44801 of title 49. 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 that includes— a strategy to ensure the Joint Counter-Unmanned Aircraft Systems Office has the funding and other resources necessary to execute its responsibilities, as required under section 199 of title 10, United States Code (as added by subsection (a)); and a plan for funding the Office 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 report). 199.Joint Counter-Small Unmanned Aircraft Systems Office (a)EstablishmentThere is established in the Department of Defense a joint activity to be known as the Joint Counter-Small Unmanned Aircraft Systems Office (referred to in this section as the Office).
(b)Director
(1)There is a Director of the Office (referred to in this section as the Director) who shall be appointed by the Secretary of Defense from among personnel of the Department of Defense who are— (A)general or flag officers of the covered armed forces; or
(B)members of the Senior Executive Service. (2)The Director shall report directly to Deputy Secretary of Defense and shall serve as the principal advisor to the Deputy Secretary and the Chairman of the Joint Chiefs of Staff on counter-small unmanned aircraft system matters.
(c)OrganizationThe Office shall— (1)be designated as a jointly manned activity; and
(2)shall consist of such other subordinate organizational elements as the Director determines appropriate, subject to the authority, direction, and control of the Secretary of Defense. (d)ResponsibilitiesThe Office shall do the following:
(1)Lead, advocate, coordinate, and focus all Department of Defense actions in support of efforts of the combatant commands and the covered armed forces to defeat small unmanned aircraft systems (referred to in this section as sUAS) as weapons of strategic influence. (2)Integrate all counter-sUAS solutions throughout the Department of Defense, seeking interagency assistance as necessary.
(3)Identify innovative near-term (executable within a 5 year timeframe) counter-sUAS solutions. (4)Coordinate with other components of the Department of Defense to carry out ongoing mid-term (covering a 5-10 year timeframe) research and development initiatives and long-term (covering a timeframe exceeding 10 years) science and technology efforts that could help address the counter-sUAS threat.
(5)Coordinate efforts of the Department of Defense to identify, assess, and disrupt adversarial unmanned aircraft system supply chains and financial threat networks that support such supply chains. (6)Coordinate with the United States Northern Command, or any successor entity serving as the lead synchronizer for homeland counter small unmanned aircraft systems, to develop and deploy counter-sUAS capabilities for homeland defense.
(7)Develop and share counter-sUAS training tools, expertise, and tactics, techniques, and procedures for components of the Department of Defense that address needs of the joint force, deploying forces, installation defense within and outside the United States, and other relevant scenarios. (8)Coordinate efforts across the Department of Defense to develop, test, evaluate, and procure counter-sUAS kinetic and non-kinetic defeat capabilities, including—
(A)systems to sense, identify, track, and defeat small unmanned aircraft systems, both kinetically and non-kinetically; (B)command and control systems; and
(C)such other capabilities the Director determines appropriate. (9)Carry out the counter-sUAS validation and acquisition responsibilities described in subsections (e) and (f).
(10)Develop and regularly update a counter-sUAS strategic plan in accordance with subsection (g). (11)Carry out such other activities relating to counter-sUAS as the Secretary of Defense determines appropriate.
(e)Approval and validation of counter-sUAS systems (1)The Office shall serve as the entity within the Department of Defense with primary responsibility for the validation and approval of counter-sUAS systems for procurement and use by the Department.
(2)In coordination with other components of the Department of Defense, the Director shall develop, maintain, and regularly update a list of counter-sUAS systems that are validated and approved for procurement and use by the Department as described in paragraph (1). The Director shall ensure that each counter-sUAS system on the list has been vetted by the Office and has proven to be effective for use by the Department in countering sUAS. (3)Except as provided in paragraph (4), no component of the Department of Defense may procure a counter-sUAS system unless such system—
(A)has been validated and approved by the Office under paragraph (1); and (B)is included on the list maintained under paragraph (2).
(4)The service acquisition executive of the military department concerned (in the case of a procurement by a military department) or the Under Secretary of Defense for Acquisition and Sustainment (in the case of a procurement not under the authority of a service acquisition executive) may waive the restriction under paragraph (3), on a case-by-case basis, by submitting to the congressional defense committees— (A)notice of the intent to issue such a waiver; and
(B)an explanation of the reasons for issuing the waiver. (f)Acquisition oversight divisionThe Director shall establish and maintain an acquisition oversight division within the Office. The acquisition oversight division shall—
(1)include acquisition professionals from relevant Program Executive Offices within each covered armed force; (2)support and facilitate efforts of the covered armed forces—
(A)to budget and plan for the integration and sustainment of counter-sUAS capabilities that are approved and validated by the Office under subsection (e); and (B)to efficiently and effectively transition such capabilities into operational use; and
(3)have such other duties and responsibilities as the Director determines appropriate. (g)Counter-sUAS strategic plan (1)The Director shall coordinate with relevant components of the Department of Defense, to develop, publish, and regularly update a strategic plan for the counter-sUAS activities of the Department, which shall include—
(A)measures to coordinate the various counter-sUAS efforts of the Department to ensure cohesion among such efforts; (B)guidance for counter-sUAS related investment and manpower decisions across the Department, including necessary science and technology investments; and
(C)performance measures, goals, and lines of effort required to achieve the strategic objectives of the plan. (2)Not later than 120 days after the date on which the Office commences operations, the Director shall complete and submit to the congressional defense committees the initial strategic plan developed under paragraph (1).
(3)Not less frequently than once every two years after completion of the initial strategic plan under paragraph (2), the Director shall— (A)update the plan; and
(B)submit the updated plan to the congressional defense committees. (4)Following completion of each version of the strategic plan under this subsection, each commander of a geographic combatant command shall develop an implementation plan to guide the combatant command overseen by that commander in achieving the vision, mission, goals, and performance measures of the strategic plan.
(h)Annual reportsOn an annual basis, the Director shall submit to the congressional defense committees a report that includes— (1)a summary of the activities of the Office over the period covered by the report, including a description of—
(A)the progress of the Office in carrying out the requirements of this section; and (B)the metrics used to measure such progress; and
(2)a summary of the expenditures made by the Office in the period covered by the report for counter-sUAS related research, development, test, and evaluation, procurement, and sustainment activities. (i)DefinitionsIn this section:
(1)The term counter-sUAS system means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of a small unmanned aircraft or small unmanned aircraft system. (2)The term covered armed forces means the Army, Navy, Air Force, Marine Corps, and Space Force.
(3)The terms small unmanned aircraft, unmanned aircraft, and unmanned aircraft system have the meanings given those terms in section 44801 of title 49..
Section 480
199. Joint Counter-Small Unmanned Aircraft Systems Office There is established in the Department of Defense a joint activity to be known as the Joint Counter-Small Unmanned Aircraft Systems Office (referred to in this section as the Office). There is a Director of the Office (referred to in this section as the Director) who shall be appointed by the Secretary of Defense from among personnel of the Department of Defense who are— general or flag officers of the covered armed forces; or members of the Senior Executive Service. The Director shall report directly to Deputy Secretary of Defense and shall serve as the principal advisor to the Deputy Secretary and the Chairman of the Joint Chiefs of Staff on counter-small unmanned aircraft system matters. The Office shall— be designated as a jointly manned activity; and shall consist of such other subordinate organizational elements as the Director determines appropriate, subject to the authority, direction, and control of the Secretary of Defense. The Office shall do the following: Lead, advocate, coordinate, and focus all Department of Defense actions in support of efforts of the combatant commands and the covered armed forces to defeat small unmanned aircraft systems (referred to in this section as sUAS) as weapons of strategic influence. Integrate all counter-sUAS solutions throughout the Department of Defense, seeking interagency assistance as necessary. Identify innovative near-term (executable within a 5 year timeframe) counter-sUAS solutions. Coordinate with other components of the Department of Defense to carry out ongoing mid-term (covering a 5-10 year timeframe) research and development initiatives and long-term (covering a timeframe exceeding 10 years) science and technology efforts that could help address the counter-sUAS threat. Coordinate efforts of the Department of Defense to identify, assess, and disrupt adversarial unmanned aircraft system supply chains and financial threat networks that support such supply chains. Coordinate with the United States Northern Command, or any successor entity serving as the lead synchronizer for homeland counter small unmanned aircraft systems, to develop and deploy counter-sUAS capabilities for homeland defense. Develop and share counter-sUAS training tools, expertise, and tactics, techniques, and procedures for components of the Department of Defense that address needs of the joint force, deploying forces, installation defense within and outside the United States, and other relevant scenarios. Coordinate efforts across the Department of Defense to develop, test, evaluate, and procure counter-sUAS kinetic and non-kinetic defeat capabilities, including— systems to sense, identify, track, and defeat small unmanned aircraft systems, both kinetically and non-kinetically; command and control systems; and such other capabilities the Director determines appropriate. Carry out the counter-sUAS validation and acquisition responsibilities described in subsections (e) and (f). Develop and regularly update a counter-sUAS strategic plan in accordance with subsection (g). Carry out such other activities relating to counter-sUAS as the Secretary of Defense determines appropriate. The Office shall serve as the entity within the Department of Defense with primary responsibility for the validation and approval of counter-sUAS systems for procurement and use by the Department. In coordination with other components of the Department of Defense, the Director shall develop, maintain, and regularly update a list of counter-sUAS systems that are validated and approved for procurement and use by the Department as described in paragraph (1). The Director shall ensure that each counter-sUAS system on the list has been vetted by the Office and has proven to be effective for use by the Department in countering sUAS. Except as provided in paragraph (4), no component of the Department of Defense may procure a counter-sUAS system unless such system— has been validated and approved by the Office under paragraph (1); and is included on the list maintained under paragraph (2). The service acquisition executive of the military department concerned (in the case of a procurement by a military department) or the Under Secretary of Defense for Acquisition and Sustainment (in the case of a procurement not under the authority of a service acquisition executive) may waive the restriction under paragraph (3), on a case-by-case basis, by submitting to the congressional defense committees— notice of the intent to issue such a waiver; and an explanation of the reasons for issuing the waiver. The Director shall establish and maintain an acquisition oversight division within the Office. The acquisition oversight division shall— include acquisition professionals from relevant Program Executive Offices within each covered armed force; support and facilitate efforts of the covered armed forces— to budget and plan for the integration and sustainment of counter-sUAS capabilities that are approved and validated by the Office under subsection (e); and to efficiently and effectively transition such capabilities into operational use; and have such other duties and responsibilities as the Director determines appropriate. The Director shall coordinate with relevant components of the Department of Defense, to develop, publish, and regularly update a strategic plan for the counter-sUAS activities of the Department, which shall include— measures to coordinate the various counter-sUAS efforts of the Department to ensure cohesion among such efforts; guidance for counter-sUAS related investment and manpower decisions across the Department, including necessary science and technology investments; and performance measures, goals, and lines of effort required to achieve the strategic objectives of the plan. Not later than 120 days after the date on which the Office commences operations, the Director shall complete and submit to the congressional defense committees the initial strategic plan developed under paragraph (1). Not less frequently than once every two years after completion of the initial strategic plan under paragraph (2), the Director shall— update the plan; and submit the updated plan to the congressional defense committees. Following completion of each version of the strategic plan under this subsection, each commander of a geographic combatant command shall develop an implementation plan to guide the combatant command overseen by that commander in achieving the vision, mission, goals, and performance measures of the strategic plan. On an annual basis, the Director shall submit to the congressional defense committees a report that includes— a summary of the activities of the Office over the period covered by the report, including a description of— the progress of the Office in carrying out the requirements of this section; and the metrics used to measure such progress; and a summary of the expenditures made by the Office in the period covered by the report for counter-sUAS related research, development, test, and evaluation, procurement, and sustainment activities. In this section: The term counter-sUAS system means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of a small unmanned aircraft or small unmanned aircraft system. The term covered armed forces means the Army, Navy, Air Force, Marine Corps, and Space Force. The terms small unmanned aircraft, unmanned aircraft, and unmanned aircraft system have the meanings given those terms in section 44801 of title 49.
Section 481
913. Authority to establish regional outreach centers for the Defense Innovation Unit Section 4127 of title 10, United States Code, is amended— by redesignating subsection (f) as subsection (g); and by inserting after subsection (e) the following new subsection: The Director may establish and maintain regional offices of the Unit at locations within and outside the United States for purposes of conducting outreach to and streamlining interactions between the Unit and the private sector, academia, and other mission partners. In the event the Director exercises the authority to establish and maintain regional offices under paragraph (1), the Director shall— develop a strategy and criteria for the selection of locations for such offices; issue any rules, regulations, policies, or guidance necessary for the operation of such offices; and make the information described in subparagraphs (A) and (B) available on a publicly accessible website of the Department of Defense. (f)Regional outreach centers (1)In generalThe Director may establish and maintain regional offices of the Unit at locations within and outside the United States for purposes of conducting outreach to and streamlining interactions between the Unit and the private sector, academia, and other mission partners.
(2)Selection criteria and other guidanceIn the event the Director exercises the authority to establish and maintain regional offices under paragraph (1), the Director shall— (A)develop a strategy and criteria for the selection of locations for such offices;
(B)issue any rules, regulations, policies, or guidance necessary for the operation of such offices; and (C)make the information described in subparagraphs (A) and (B) available on a publicly accessible website of the Department of Defense..
Section 482
914. Oversight of the United States Africa Command None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to carry out an action described in subsection (b) until a period of 90 days has elapsed following the date on which the Secretary of Defense submits the certification and all other information required under subsection (c) with respect to such action. The actions described in this subsection are the following: Modifying or combining the responsibilities of the Commander of the United States Africa Command, as set forth in chapter 6 of title 10, United States Code, with those of any other commander designated under such authority. Appointing an officer in a grade below O-10 to serve as the Commander of the United States Africa Command. Reducing the total number of personnel assigned to the United States Africa Command by a number that is greater than 15 percent of such total number so assigned as of June 1, 2025. Divesting, consolidating, or otherwise returning to a host country any sites included in the real property inventory of the United States Africa Command as of June 1, 2025. The Secretary of Defense shall submit to the congressional defense committees each of the following with respect to any action described in subsection (b) that is proposed to be taken by the Secretary: A certification that, in the determination of the Secretary, the action is in the national security interest of the United States and will be undertaken only after appropriate consultations with African, European, and other international partners on shared security objectives in Africa and its surrounding waters. An analysis of the impact of such action on— the security of the United States; the threat of transnational terrorism in or emanating from Africa, especially groups with the capability or intent to attack the United States homeland or United States citizens, interests, or allies or partners; the opportunities available to the People’s Republic of China to pursue their strategic objectives on the African continent and surrounding areas, including their pursuit of additional military ports and bases to threaten the Atlantic Ocean and impact homeland defense; the military activities of the Russian Federation and Russian-sponsored private military companies on the African continent and in surrounding areas; the ability of the Armed Forces to execute supporting operations for campaign plans against adversaries deemed a priority in the National Defense Strategy; the ability of the Armed Forces to execute contingency and other operational plans of the Department of Defense, including in support of operations and crisis response and other operations; the ability of the United States to maintain access in Africa and its surrounding waters, including to protect the freedom of navigation; military training and major military exercises, including on interoperability, security cooperation, and joint activities with African allies and partners; United States deterrence of potential threats from the People’s Republic of China; and United States deterrence and defense posture in the African theater and the homeland. A detailed analysis of the costs for relocation of personnel, equipment, and associated infrastructure. A description of consultations regarding such action with each relevant ally or partner including those on the African continent, in the Middle East, and in Europe. Independent risk assessments prepared by the Commander of the United States Africa Command, the Chairman of the Joint Chiefs of Staff, and any other combatant commander that may be affected by such action, of— the impact of such action on the security of the United States and the ability of the Armed Forces to defend the homeland forward; the impact of such action on the ability of the Armed Forces to execute campaign and contingency plans of the Department of Defense, including in support of operations outside the area of responsibility of the United States Africa Command; and the impact of such action on military training and major military exercises, including on interoperability and joint activities with regional allies and partners. In preparing the certification and other information required under subsection (c), the Secretary of Defense shall consult with the Commander of the United States Africa Command and the commander of any other geographic combatant command expected to be affected by an action described in subsection (b). The certification required by subsection (c)(1) shall be submitted in unclassified form. The information described in paragraphs (2) through (5) of subsection (c) may be submitted in classified form. Each independent risk assessment required by subsection (c)(5) shall be submitted in unaltered format.
Section 483
915. Limitation on availability of funds for the Army pending submittal of plan on the proposed integration of the Joint Munitions Command and the Army Sustainment Command None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Army may be obligated or expended to restructure the Joint Munitions Command and the Army Sustainment Command (referred to in this section collectively as the Commands) until the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the proposed plan of the Secretary to integrate the Commands. The report required by subsection (a) shall include the following: A detailed comparison of the old organizational structures of the Commands compared with the proposed new integration construct for such organizational structures, including any changes to reporting chains, leadership roles, and workforce. The planned timeline for implementation of such integration. Any plans for changing the numbers, duty locations, or responsibilities of personnel under the Commands. A mission justification for the proposed integration. An assessment of the short-term and long-term impacts of the proposed integration on the readiness of the Army and the Department of Defense to conduct the missions of the Commands and the plan of the Army for mitigating those impacts.
Section 484
916. Limitation on authority to reduce in rank the billets of the commanding officers of certain military installations of the Air Force The Secretary of the Air Force may not reduce the rank of the billet of the commanding officer of a military installation, described in subsection (b), below O-7, until 90 days after such Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report described in subsection (c). A military installation described in this subsection— is the home station of more than one wing of the Air Force, regardless of component; is a training site for pilots of an armed force of an ally or partner country; and contains a national test and training range. A report described in this subsection shall include an explanation of how the Secretary decided to make a reduction described in subsection (a), taking into consideration— cost, workload, and workforce requirements; and operational effect.
Section 485
917. Determination of lead organization responsible for approval and validation of certain unmanned aircraft systems and components The Secretary of Defense shall determine— whether the Defense Innovation Unit should continue to be the organization within the Department of Defense with primary responsibility for the execution of the Blue UAS Cleared List and the Blue UAS Framework (collectively referred to in this section as the Blue UAS Initiatives); or whether another organization within the Department should assume primary responsibility for executing the Blue UAS Initiatives. In making the determination required under subsection (a), the Secretary of Defense shall— conduct a thorough analysis of the Blue UAS Initiatives as executed by the Defense Innovation Unit at the time of the determination; assess whether the Unit, as of the time of the determination, has adequate resources and capabilities (including personnel, funding, and authorities) to effectively scale and execute the Initiatives across the Department of Defense; and identify one or more other organizations within the Department of Defense that could more effectively scale and execute the Initiatives across the Department. 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— the Secretary’s final determination under subsection (a); in the event the Secretary determines that the Defense Innovation Unit should continue to have primary responsibility for the Blue UAS Initiatives as described in subsection (a)(1), a strategy for providing the Unit with any additional resources (including funding, personnel, and authorities) needed for the Unit to effectively execute and scale the Initiatives across the Department of Defense; or in the event the Secretary determines that another organization within the Department should assume primary responsibility administering and executing the Initiatives as described in subsection (a)(2), a plan with milestones for transferring the Initiatives (including all associated funding, personnel, and authorities) from the Unit to such other organization; and a strategy for decreasing unit costs for platforms under the Initiatives, including— benchmarks to assess progress in reducing the cost of secure unmanned aircraft system end products; and a timeline for meeting such cost reduction goals. Following the submittal of the report required under subsection (c), the Secretary of Defense shall commence implementation of the resourcing strategy described in subsection (c)(2)(A) or the transfer plan described in subsection (c)(2)(B) (as the case may be). In this section: The term Blue UAS Cleared List means the initiative executed by the Defense Innovation Unit (as of the date of the enactment of this Act) pursuant to which the Unit maintains a list of approved small unmanned aircraft systems that— are validated as cyber-secure and safe to fly; and comply with applicable requirements of— section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4871 note); section 817(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 4871 note); and the American Security Drone Act of 2023 (subtitle B of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 41 U.S.C. note prec. 3901)). The term Blue UAS Framework means the initiative executed by the Defense Innovation Unit (as of the date of the enactment of this Act) pursuant to which the Unit validates unmanned aircraft system components, subcomponents, modules, and software for use by the Department of Defense.
Section 486
918. Department of Defense advisory subcommittee to review technologies, processes, and investment related to combined joint all-domain command and control The Secretary of Defense may establish a subcommittee (referred to in this section as the Subcommittee) under the board of advisors established pursuant to section 233 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4001 note) to review technologies to achieve combined joint all-domain command and control. The Subcommittee shall consist of a subset of the members of the board of advisors described in subsection (a). The Subcommittee may review: Processes for integrating joint effects chains to support priority operational challenges. Data architectures, including potential roles for artificial intelligence and machine learning technologies. Methods for achieving a platform-agnostic joint common operating picture through data accessibility, interoperability, and integration into combatant command workflows, to assist the incorporation of commercial communications technologies. Networking technologies, including potential roles for artificial intelligence and machine learning. Enterprise and edge cloud technologies. Interoperability technologies, including software programs like the System-of-Systems Technology Integration Tool Chain for Heterogeneous Electronic Systems (commonly referred to as STITCHES). Interoperability technologies to integrate vehicles out of the Replicator project with relevant battle networks. Any other matters determined relevant by the Secretary of Defense. The Subcommittee shall terminate on December 31, 2029.
Section 487
919. Eligibility of Chief of the National Guard Bureau for appointment as Chairman of the Joint Chiefs of Staff Section 152(b)(1)(B) of title 10, United States Code, as amended by section 911 of this title, is further amended by striking or the Commandant of the Coast Guard and inserting the Commandant of the Coast Guard, or the Chief of the National Guard Bureau.
Section 488
1001. General transfer authority Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2026 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. 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. A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). The authority provided by subsection (a) to transfer authorizations— may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and may not be used to provide authority for an item that has been denied authorization by Congress. 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. The Secretary shall promptly notify Congress of each transfer made under subsection (a).
Section 489
1002. Responsibilities of Under Secretary of Defense (Comptroller) Section 135(c)(3)(B) of title 10, United States Code, is amended by inserting , and defense business systems that affect the auditability of financial statements after accounting.
Section 490
1003. Additional elements for Department of Defense Financial Improvement and Audit Remediation Plan and report Subsection (a)(2)(A) of section 240b of title 10, United States Code, is amended— in clause (iv), by striking and at the end; and by adding at the end the following new clauses: meeting resource requirements, including personnel, training, and information technology infrastructure; and identifying long-range goals and measurable objectives, including audit cycle timelines, control testing frequency, and independent third-party validation benchmarks. Subsection (b)(1)(B) of such section is amended by adding at the end the following new clauses: A description of progress made with respect to audit-related system modernization efforts, including rationalization of business systems. The number and scope of automated processes implemented, including reconciliation, inventory validation, and internal controls. (vi)meeting resource requirements, including personnel, training, and information technology infrastructure; and (vii)identifying long-range goals and measurable objectives, including audit cycle timelines, control testing frequency, and independent third-party validation benchmarks.. (ix)A description of progress made with respect to audit-related system modernization efforts, including rationalization of business systems.
(x)The number and scope of automated processes implemented, including reconciliation, inventory validation, and internal controls..
Section 491
1004. Consolidation of reporting requirements relating to Department of Defense financial improvement and audit remediation plan Section 240b(b) of title 10, United States Code, as amended by section 1003(b), is further amended— in paragraph (1)(B), by adding at the end the following new clause: A detailed estimate of the funding required for the next fiscal year to procure, obtain, or otherwise implement each process, system, and technology identified to address the corrective action plan or plans of each department, agency, component, or element of the Department of Defense, and the corrective action plan of the Department as a whole, for purposes of this chapter during such fiscal year. in paragraph (2), by striking subparagraph (B) and inserting the following new subparagraph (B): The January 31 briefing under subparagraph (A) shall include a ranking of all of the military departments and Defense Agencies in order of how advanced each is in achieving auditable financial statements, as required by law. by redesignating paragraph (3) as paragraph (4); by inserting after paragraph (2) the following new paragraph (3): Not later than June 30 of each year, the head of each military department and Defense Agency that was ranked in the bottom quartile of the report submitted under paragraph (2)(B) for that year shall submit to the congressional defense committees a report that includes the following information for that military department or Defense Agency: A description of the material weaknesses of the military department or Defense Agency. The underlying causes of such weaknesses. A plan for remediating such weaknesses. The total number of open audit notices of findings and recommendations (in this paragraph referred to as NFRs) for the most recently concluded fiscal year and the preceding two fiscal years, where applicable. The number of repeat or reissued NFRs from the most recently concluded fiscal year. The number of NFRs that were previously forecasted to be closed during the most recently concluded fiscal year that remain open. The number of closed NFRs during the current fiscal year and prior fiscal years. The number of material weaknesses that were validated by external auditors as fully resolved or downgraded during the current fiscal year relative to prior fiscal years. A breakdown, by fiscal year, of which open NFRs are forecasted to be closed. Explanations for any unfavorable trends in the information included under paragraphs (1) through (9). in paragraph (4), as redesignated by paragraph (3) of this subsection, by striking the critical capabilities described in the Department of Defense report titled Financial Improvement and Audit Readiness (FIAR) Plan Status Report and dated May 2016 and inserting the financial statement audit priorities designated by the Secretary of Defense for the fiscal year in which the report is submitted. Section 1009 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 240b note) is amended by striking subsection (c). Title 10, United States Code, is amended by striking section 240h. (ix)A detailed estimate of the funding required for the next fiscal year to procure, obtain, or otherwise implement each process, system, and technology identified to address the corrective action plan or plans of each department, agency, component, or element of the Department of Defense, and the corrective action plan of the Department as a whole, for purposes of this chapter during such fiscal year.; (B)The January 31 briefing under subparagraph (A) shall include a ranking of all of the military departments and Defense Agencies in order of how advanced each is in achieving auditable financial statements, as required by law.; (3)Annual report by bottom quartileNot later than June 30 of each year, the head of each military department and Defense Agency that was ranked in the bottom quartile of the report submitted under paragraph (2)(B) for that year shall submit to the congressional defense committees a report that includes the following information for that military department or Defense Agency: (A)A description of the material weaknesses of the military department or Defense Agency.
(B)The underlying causes of such weaknesses. (C)A plan for remediating such weaknesses.
(D)The total number of open audit notices of findings and recommendations (in this paragraph referred to as NFRs) for the most recently concluded fiscal year and the preceding two fiscal years, where applicable. (E)The number of repeat or reissued NFRs from the most recently concluded fiscal year.
(F)The number of NFRs that were previously forecasted to be closed during the most recently concluded fiscal year that remain open. (G)The number of closed NFRs during the current fiscal year and prior fiscal years.
(H)The number of material weaknesses that were validated by external auditors as fully resolved or downgraded during the current fiscal year relative to prior fiscal years. (I)A breakdown, by fiscal year, of which open NFRs are forecasted to be closed.
(J)Explanations for any unfavorable trends in the information included under paragraphs (1) through (9).; and .
Section 492
1005. Concurrent reporting date for annual update to Defense Business Systems Audit Remediation Plan and Department of Defense annual financial statements Section 240g(b) of title 10, United States Code, is amended to read as follows: On the same date as the date of the submission of the audited financial statements of the Department of Defense required pursuant to section 240a of this title each year, the Secretary of Defense shall submit to the congressional defense committees an updated annual report on the Defense Business Systems Audit Remediation Plan under subsection (a). (b)Annual reportOn the same date as the date of the submission of the audited financial statements of the Department of Defense required pursuant to section 240a of this title each year, the Secretary of Defense shall submit to the congressional defense committees an updated annual report on the Defense Business Systems Audit Remediation Plan under subsection (a)..
Section 493
1006. Limitation on availability of funds for travel expenses of Office of Secretary of Defense until completion of certain audit requirements Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 75 percent may be obligated or expended until the earlier of the following: The first date on which at least eleven covered reporting entities have received an unmodified audit opinion with respect to the financial statements of that entity undergoing audit for the preceding fiscal year. The date on which a Department of Defense-wide material weakness identified in the annual report on the implementation of the Financial Improvement and Audit Remediation Plan required under section 240b of title 10, United States Code, for fiscal year 2024, is closed or otherwise resolved in a manner other than through consolidation. In this section, the term covered reporting entity has the meaning given the term government-wide reporting entity in the document of the Federal Accounting Standards Advisory Board titled Statement of Federal Financial Accounting Standards 47: Reporting Entity and issued December 30, 2014, or such successor document.
Section 494
1007. Reporting requirements for amounts made available pursuant to title II of Public Law 119–21 At the time of the submittal to Congress of the budget of the President for each of fiscal years 2027 through 2029 pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate the following with respect to amounts made available by title II of Public Law 119–21: Proposed allocations by account and by program, project, or activity, with detailed justifications. P–1 and R–1 budget justification documents, which shall identify the allocation of funds by program, project, and activity. Budget justification documents, to be known as M–1 and O–1, which shall identify the allocation of funds by budget activity, activity group, and sub-activity group. The Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded using amounts described in subsection (a), including all uncommitted, committed, and unobligated funds.
Section 495
1008. Department of Defense spending reductions in absence of submitted financial statements or failure to achieve unqualified or qualified independent audit opinion Subject to paragraph (2), this section applies to the Department of Defense, including military departments and Defense Agencies thereof. If a military department or Defense Agency is identified by the Director of the Office of Management and Budget as required to have its own audited financial statement under section 3515 of title 31, United States Code, that military department and Defense Agency shall be treated separately from the Department of Defense for purposes of application of this section. On March 2 of each fiscal year, the discretionary budget authority available for the Department of Defense (or a military department or Defense Agency covered by subsection (a)(2)) for such fiscal year shall be adjusted as provided in paragraph (2). If the Department of Defense (or a military department or Defense Agency covered by subsection (a)(2)) has not submitted a financial statement for the previous fiscal year, or if such financial statement has not received either an unqualified or a qualified audit opinion by an independent external auditor, the discretionary budget authority available for the Department of Defense, the military department, or the Defense Agency (as the case may be) shall be reduced by .5 percent, with the reduction applied proportionately to each account (other than an account listed in subsection (d) or an account for which a waiver is made under subsection (d)). Consistent with applicable laws, the Secretary of Defense may make any reduction under paragraph (2) in a manner that minimizes any effect on national security. An amount equal to the total amount of any reduction under paragraph (2) shall be retained in the general fund of the Treasury for the purposes of deficit reduction. The following accounts are excluded from any reductions referred to in subsection (b)(2): Military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense. The Defense Health Program account of the Department of Defense. The President may waive subsection (b)(2) with respect to an account if the President certifies that applying the subsection to that account would harm national security or members of the Armed Forces who are deployed in combat zones. Not later than 60 days after the date on which an adjustment is made under subsection (b), the Director of the Office of Management and Budget shall submit to Congress a report that includes a description of the amount and account of each adjustment. In this section: The terms financial statement and external independent auditor have the meanings given those terms in section 3521(e) of title 31, United States Code. The term unqualified, with respect to the audit status of a financial statement, includes the characterizations clean and unmodified. The term qualified, with respect to the audit status of a financial statement, includes the characterization modified.
Section 496
1009. Clean audit for the Department of Defense The Secretary of Defense shall establish a timeline to achieve a clean financial audit for the Department of Defense. The Secretary shall submit to Congress an annual report on progress and barriers to compliance with subsection (a).
Section 497
1010. Use of technology using artificial intelligence to facilitate audit of the financial statements of the Department of Defense for fiscal year 2026 The Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall encourage, to the greatest extent practicable, the use of technology that uses artificial intelligence or machine learning for the purpose of facilitating audits of the financial statements of the Department of Defense. The Director of the Chief Digital and Artificial Intelligence Office of the Department, in coordination with the Under Secretary of Defense for Research and Engineering and the Inspector General of the Department, shall oversee the adoption of artificial intelligence and machine learning technologies in support of financial management and enterprise business operations.
Section 498
1011. Inclusion of certain design information in annual naval vessel construction plans Section 231(b) of title 10, United States Code, is amended— by redesignating subparagraphs (H) through (J) as subparagraphs (I) through (K), respectively; and by inserting after subparagraph (G) the following new subparagraph: If 50 percent or more of the vessels in the naval vessel force provided for under the naval vessel construction plan are to be designed by one or more foreign firms (as such term is defined in section 4852(d) of this title)— an identification of each such foreign firm; and a description of the benefit to the United States Government of including in such force the naval vessels so designed. (H)If 50 percent or more of the vessels in the naval vessel force provided for under the naval vessel construction plan are to be designed by one or more foreign firms (as such term is defined in section 4852(d) of this title)—
(i)an identification of each such foreign firm; and (ii)a description of the benefit to the United States Government of including in such force the naval vessels so designed..
Section 499
1012. Limitation on use of funds in the National Defense Sealift Fund to purchase certain used foreign constructed vessels Section 2218 of title 10, United States Code, is amended— in subsection (f)— in paragraph (3)— in subparagraph (A), by inserting (other than an excluded vessel) after any used vessel; in subparagraph (B), by inserting (other than an excluded vessel) after a used vessel; by striking subparagraph (C) and inserting the following new subparagraph (C): The Secretary may only use the authority under this paragraph to purchase more than 10 foreign-constructed vessels if, for each such vessel so purchased after the tenth vessel, the Secretary purchases two vessels under paragraph (4). in subsection (D), by striking subparagraph (A) and inserting this paragraph; by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and by adding at the end the following new paragraph (4): A vessel purchased under this paragraph is a vessel— purchased using funds in the National Defense Sealift Fund constructed in a ship yard located in the United States; and the construction of which is managed by a commercial vessel construction manager. in subsection (k), by adding at the end the following new paragraph: The term excluded vessel means a vessel that was— constructed or substantially modified by an entity located in the People’s Republic of China; or constructed by a Chinese military company, as such term is defined in section 1260H(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note). Section 2218 of title 10, United States Code, as amended by subsection (a), is further amended— in subsection (c)(1)(D), by striking section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405) and inserting section 57100 of title 46; in subsection (f)(2), by striking section 1424(b) of Public Law 101–510 (104 Stat. 1683) and inserting section 1424(b) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 8661 note) ; in subsection (k)— in paragraph (2)(A), by striking section 1424 of Public Law 101–510 (104 Stat. 1683) and inserting section 1424 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 8661 note) ; and in paragraph (3)(B), by striking section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405) and inserting section 57100 of title 46. (C)The Secretary may only use the authority under this paragraph to purchase more than 10 foreign-constructed vessels if, for each such vessel so purchased after the tenth vessel, the Secretary purchases two vessels under paragraph (4).. (4)A vessel purchased under this paragraph is a vessel— (A)purchased using funds in the National Defense Sealift Fund
(B)constructed in a ship yard located in the United States; and (C)the construction of which is managed by a commercial vessel construction manager.; and (6)The term excluded vessel means a vessel that was—
(A)constructed or substantially modified by an entity located in the People’s Republic of China; or (B)constructed by a Chinese military company, as such term is defined in section 1260H(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note). .
Section 500
1013. Requirements for amphibious warfare ship force structure Section 8062 of title 10, United States Code, is amended— in subsection (e)— in paragraph (2), by striking and at the end; in paragraph (3), by striking the period and inserting ; and; and by adding at the end the following new paragraph: the Navy adjusts scheduled maintenance and repair actions to maintain the minimum number of available amphibious warfare ships to meet operational requirements. by amending subsection (h) to read as follows: In this section: The term amphibious warfare ship 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). The term available, with respect to an amphibious warfare ship, means that the ship— does not have a temporary critical limiting restriction preventing the conduct of training and operations; is not in a maintenance phase; is not conducting post-delivery test and trials; and is not preparing to decommission. (4)the Navy adjusts scheduled maintenance and repair actions to maintain the minimum number of available amphibious warfare ships to meet operational requirements.; and (h)DefinitionsIn this section:
(1)The term amphibious warfare ship 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). (2)The term available, with respect to an amphibious warfare ship, means that the ship—
(A)does not have a temporary critical limiting restriction preventing the conduct of training and operations; (B)is not in a maintenance phase;
(C)is not conducting post-delivery test and trials; and (D)is not preparing to decommission..
Section 501
1014. Definition of short-term work for purposes of Navy construction of combatant and escort vessels and assignment of vessel projects Section 8669a(c)(4) of title 10, United States Code, is amended by striking 12 months and inserting 18 months.
Section 502
1015. Navy Senior Technical Authority Section 8669b of title 10, United States Code, is amended— in subsection (a)(2), by amending subparagraph (B) to read as follows: reports directly to the program executive officer. in subsection (b)— by inserting (1) before Each Senior; and by adding at the end the following new paragraph: Each Senior Technical Authority shall also be responsible for the determination that all design requirements for a vessel class are directly related to a key performance parameter or key system attribute established in the capability development document for the vessel class. Any requirements that the Senior Technical Authority determines are unnecessary to meet a key performance parameter or key system attribute shall not be approved. (B)reports directly to the program executive officer. ; and (2)Each Senior Technical Authority shall also be responsible for the determination that all design requirements for a vessel class are directly related to a key performance parameter or key system attribute established in the capability development document for the vessel class. Any requirements that the Senior Technical Authority determines are unnecessary to meet a key performance parameter or key system attribute shall not be approved..
Section 503
1016. Alternative contracting authority for United States Naval Ships Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of the Navy may enter into an agreement with an appropriate vessel construction manager, other than the Department of the Navy, under which the vessel construction manager shall enter into a contract for the construction of a vessel to be designated as a United States Naval Ship and operated by civilian or commercial mariners. To the maximum extent practicable, the Secretary of the Navy shall ensure that a vessel constructed pursuant to this section is constructed using commercial design standards and commercial construction practices. 8698.Alternative contracting authority for United States Naval Ships (a)AuthorityThe Secretary of the Navy may enter into an agreement with an appropriate vessel construction manager, other than the Department of the Navy, under which the vessel construction manager shall enter into a contract for the construction of a vessel to be designated as a United States Naval Ship and operated by civilian or commercial mariners.
(b)Design standards and construction practicesTo the maximum extent practicable, the Secretary of the Navy shall ensure that a vessel constructed pursuant to this section is constructed using commercial design standards and commercial construction practices..
Section 504
8698. Alternative contracting authority for United States Naval Ships The Secretary of the Navy may enter into an agreement with an appropriate vessel construction manager, other than the Department of the Navy, under which the vessel construction manager shall enter into a contract for the construction of a vessel to be designated as a United States Naval Ship and operated by civilian or commercial mariners. To the maximum extent practicable, the Secretary of the Navy shall ensure that a vessel constructed pursuant to this section is constructed using commercial design standards and commercial construction practices.
Section 505
1017. Inclusion of Navy amphibious ship maintenance as a separate line item in operation and maintenance budget The budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2027 and each subsequent fiscal year, shall display Navy amphibious ship maintenance as one or more separate line items under each subactivity within operation and maintenance, Navy. Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, Navy for ship maintenance, the Secretary of the Navy shall ensure that such funds are allocated to provide, on a per capita basis, an equal or greater amount of funding for each amphibious warfare ship that enters into maintenance availability during fiscal year 2026 relative to the amount of funding provided for each surface combatant ship. In this section: The term amphibious warfare ship— means a ship designed with organic capability to engage in all the doctrinal types of amphibious operations across multiple domains and having characteristics that enable long duration, inter-theater, distributed maritime operations; and includes any— amphibious assault ship; amphibious assault ship (multi-purpose); amphibious transport dock ; and dock landing ship. The term surface combatant ship— means a surface ship that is designed primarily to engage in attacks against airborne, surface, subsurface, and shore targets; and includes any— guided missile cruiser; guided missile destroyer; guided missile frigate; and littoral combat ship.
Section 506
1018. Metrics for basic and functional design for ship construction Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall select a metric to measure the progression of basic and functional design with respect to the construction of ships. Not later than 45 days after the selection of a metric under subsection (a), the Secretary of the Navy shall submit to the congressional defense committees a report on such metric that includes the justification for the selection of the metric. In this section, the term basic and functional design has the meaning given such term in section 8669c(1) of title 10, United States Code.
Section 507
1019. Authority for single award indefinite delivery indefinite quantity contract for destroyer maintenance The Secretary of the Navy shall seek to enter into a multi-year, single award indefinite delivery indefinite quantity contract to provide for the maintenance of the DDG–1000 class of destroyers.
Section 508
1020. Evaluation of sites for shipbuilding and ship repair Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall delegate to the Direct Reporting Program Manager of the Maritime Industrial Base Program primary responsibility for defining the requirements for evaluating sites to meet the capacity and needs of the Navy for shipbuilding and repair. Not later than 180 days after the date on which the Secretary delegates to the Program Manager under paragraph (1), the Program Manager shall establish evaluation requirements to be applied to sites being considered as sites for private or public shipyards and other defense-production capabilities. In establishing such requirements, the Program Manager shall consider— the objective of accelerating United States shipbuilding efforts in both naval and civilian fleets; how establishing or augmenting a site at an evaluated site could help meet Navy shipbuilding and ship repair requirements; whether a single site, smaller and more dispersed sites, or both would be optimal for augmenting shipbuilding and ship repair; whether the best approach to meeting the timeline and capacity requirements for shipbuilding and ship repair would be constructing new sites, using existing infrastructure, or both; and whether a site meets the criteria under subsection (b). The criteria under this subsection with respect to a site are that the site— has the amount of space necessary to meet Navy requirements; has adequate transportation infrastructure, such as road and rail access, or that such infrastructure can reasonably be provided at the site; has a readily available technical and manual skilled workforce for naval and commercial ship building, ship repair, and advanced manufacturing activities; is geographically close to local institutions that can facilitate workforce development, including higher education and technical training and apprenticeships; has private partners that are interested and able to undertake the development of a shipyard at the site; possesses deep water construction and draft capabilities, as required by the Navy, to construct or repair vessels identified in Navy shipbuilding and ship repair requirements; is in close proximity to existing Department facilities and personnel; and such other criteria as the Program Manager determines appropriate. Not later than one year after the date on which the Program Manager establishes the evaluation requirements under subsection (b), the Program Manager shall submit to the congressional defense committees a report that includes— a list of sites that meet the evaluation requirements; or a certification that no site exists that meets such requirements.
Section 509
1021. Limitation on use of funds to retire or decommission Navy oceanographic research vessels The Secretary of the Navy may not retire or decommission an oceanographic research vessel, or otherwise reduce the number of such vessels maintained by the Navy to fewer than six, before the date on which the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a plan to provide for the maintenance and recapitalization of the oceanographic research fleet.
Section 510
1022. Sense of Congress regarding naming of vessel for Battle of Dai Do It is the sense of Congress that the Secretary of the Navy should name an amphibious or expeditionary class vessel for the Battle of Dai Do.
Section 511
1023. Overhaul, repair, and maintenance of vessels in the Commonwealth of the Northern Mariana Islands Subsection (a) of section 8680 of title 10, United States Code, is amended— by striking the United States or Guam each place it appears and inserting the United States, Guam, or the Commonwealth of the Northern Mariana Islands; and in the heading for such subsection, by striking United States or Guam and inserting United States, Guam, or Commonwealth of the Northern Mariana Islands.
Section 512
1024. Maritime redundant and resilient communications It is the sense of Congress that— the scale and complexity of modern warfare will require each military service to invest in resilient network management to ensure information can be sensed, processed and understood, and acted upon to enable critical operations; edge computing is essential to tenets of Joint All-Domain Command and Control (in this section referred to as the JADC2) and the JADC2 cross-service procurement programs, such as Project Overmatch, Advanced Battle Management System, and Project Convergence, to allow for real-time decision-making when immediate action is vital, rather than relying on centralized data centers or the cloud; the Chief of Naval Operations has identified resilient data integrity and distribution as an unfunded priority for fiscal year 2026, with a focus on enabling warfighters to execute fight from the maritime operations center (in this section referred to as the MOC) scenarios; experimentation underway by the Naval Information Warfare Center Atlantic and the United States Fourth Fleet on behalf of United States Naval Forces Southern Command would provide MOCs with machine-assisted dynamic bandwidth allocation and advanced computing power throughout their network architecture to manage vast hybrid sensor constellations conducting activity-based maritime domain awareness; if successful, the project would significantly enhance hybrid fleet operations and network resilience, while significantly increasing the scale and complexity of operations that a MOC can support; and the Secretary of the Navy, in collaboration with the commander of United States Naval Forces Southern Command, and the Director of the Defense Innovation Unit, should initiate planning for follow-on phases in which advanced capabilities for agile communications, remote asset management, and disconnected operations support will demonstrate even greater resiliency and decision superiority. The Secretary of the Navy, in coordination with the Chief of Naval Operations, and the Director of the Defense Innovation Unit shall evaluate the experimentation described in subsection (a) that is underway in the United States Fourth Fleet. Not later than 30 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 evaluation conducted under paragraph (1). The report shall— summarize the status of such experimentation, including the relationship and benefit to Project Overmatch; provide a schedule for any further development, testing, and production necessary for fielding and deployment of edge computing and enterprise network management capability to all United States fleets, prioritizing heavily-sensored theaters, such as the Indo-Pacific and United States Central Command, and the funding required for each phase; identify a Department of Defense activity responsible for program management; and recommend an acquisition strategy, including establishment of a program of record, to accelerate fielding to the maximum extent practicable.
Section 513
1025. Report on Navy ship repair capabilities in Guam Not later than April 1, 2026, the Secretary of the Navy shall submit to the congressional defense committees a report on ship repair capabilities in Guam. Such report shall include— an assessment of the feasibility of leasing facilities controlled by the Department of the Navy in Guam for the purpose of mooring a dry dock; an assessment of the feasibility of conducting increased ship repair for Military Sealift Command in Guam; an identification of the authorities or the Department of the Navy to provide technical assistance to maritime services firms based in Guam seeking Navy Sea Systems Command certifications; and such other matters as the Secretary determines relevant.
Section 514
1026. Sense of Congress regarding naming an aircraft carrier after the United States Congress finds the following: The first USS United States was one of the original six frigates authorized by the Naval Act of 1794, launched in 1797. It saw action in the Quasi-War with France and the War of 1812. In addition to the frigate, there was a proposed Civil War ironclad that never got built, and the aircraft carrier USS United States (CVA-58) was canceled in 1949. It is the sense of Congress that the Secretary of the Navy should name an aircraft carrier USS United States.
Section 515
1031. Revisions to Department of Defense authority for joint task forces to support law enforcement agencies or Federal agencies conducting counterterrorism and counter transnational organized crime activities Chapter 15 of title 10, United States Code, is amended by adding at the end a new section consisting of— a heading as follows: a text consisting of the text of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note). Section 285 of title 10, United States Code, as added by subsection (a), is amended as follows: Subsection (a) is amended by inserting or to another department or agency of the Federal Government after law enforcement agencies each place it appears. Subsection (b) is amended by striking During fiscal years 2006 through 2024, funds and inserting Funds. Such section is further amended— in subsection (d)(2), by striking this subparagraph and inserting this paragraph; and in subsection (e)(1), by striking title 10, United States Code and inserting this title. Section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note) is repealed. 285.Authority for joint task forces to support law enforcement agencies or other Federal agencies conducting counter-terrorism and counter transnational organized crime activities; and
Section 516
285. Authority for joint task forces to support law enforcement agencies or other Federal agencies conducting counter-terrorism and counter transnational organized crime activities
Section 517
1032. 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) is amended by striking December 31, 2025 and inserting December 31, 2026.
Section 518
1033. 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) is amended by striking December 31, 2025 and inserting December 31, 2026.
Section 519
1034. 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) is amended by striking December 31, 2025 and inserting December 31, 2026.
Section 520
1035. 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) is amended by striking fiscal years 2018 through 2025 and inserting fiscal years 2018 through 2026.
Section 521
1036. Limitation on authority of Armed Forces to detain citizens of the United States Section 1021(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 801 note) is amended, in the matter preceding paragraph (1), by inserting , other than a citizen of the United States, after any person.
Section 522
1041. Modification of authority to provide assistance in support of Department of Defense accounting for missing United States Government personnel Section 408 of title 10, United States Code, is amended— in subsection (a), by inserting and procure goods and services from after assistance to; and in subsection (d)(1), by striking $5,000,000 and inserting $15,000,000.
Section 523
1042. Expedited access to certain military installations of the Department of Defense for Members of Congress and certain Congressional employees Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section: Except as provided in subsection (b), the Secretary shall establish procedures to ensure that— a Member of Congress seeking access to a covered installation is granted such access if such Member presents a covered identification card; and any Congressional employees accompanying a Member of Congress granted access under paragraph (1) are granted the same access. Under such procedures, the Secretary may not require a Member of Congress to schedule a grant of access to a covered installation under subsection (a) prior to the arrival of such Member and accompanying Congressional employees, if applicable, at such covered installation. In this section: The term Congressional employee has the meaning given such term in paragraph (5) of section 2107 of title 5. The term covered identification card means a valid identification badge issued by the appropriate office of the House of Representatives or the Senate, as the case may be, which identifies the individual to which such identification badge was issued as a current Member of Congress. The term covered installation means a military installation located in the United States or Guam at which the presentation of an issued Department of Defense common access card is the sole requirement for a member of the Armed Forces to be granted access to such military installation. The term Member of Congress means— a Senator; or a Representative in, or Delegate or Resident Commissioner to, Congress. 2698.Expedited access to military installations for Members of Congress and certain Congressional employees
(a)In generalExcept as provided in subsection (b), the Secretary shall establish procedures to ensure that— (1)a Member of Congress seeking access to a covered installation is granted such access if such Member presents a covered identification card; and
(2)any Congressional employees accompanying a Member of Congress granted access under paragraph (1) are granted the same access. (b)Prohibited proceduresUnder such procedures, the Secretary may not require a Member of Congress to schedule a grant of access to a covered installation under subsection (a) prior to the arrival of such Member and accompanying Congressional employees, if applicable, at such covered installation.
(c)DefinitionsIn this section: (1)The term Congressional employee has the meaning given such term in paragraph (5) of section 2107 of title 5.
(2)The term covered identification card means a valid identification badge issued by the appropriate office of the House of Representatives or the Senate, as the case may be, which identifies the individual to which such identification badge was issued as a current Member of Congress. (3)The term covered installation means a military installation located in the United States or Guam at which the presentation of an issued Department of Defense common access card is the sole requirement for a member of the Armed Forces to be granted access to such military installation.
(4)The term Member of Congress means— (A)a Senator; or
(B)a Representative in, or Delegate or Resident Commissioner to, Congress..
Section 524
2698. Expedited access to military installations for Members of Congress and certain Congressional employees Except as provided in subsection (b), the Secretary shall establish procedures to ensure that— a Member of Congress seeking access to a covered installation is granted such access if such Member presents a covered identification card; and any Congressional employees accompanying a Member of Congress granted access under paragraph (1) are granted the same access. Under such procedures, the Secretary may not require a Member of Congress to schedule a grant of access to a covered installation under subsection (a) prior to the arrival of such Member and accompanying Congressional employees, if applicable, at such covered installation. In this section: The term Congressional employee has the meaning given such term in paragraph (5) of section 2107 of title 5. The term covered identification card means a valid identification badge issued by the appropriate office of the House of Representatives or the Senate, as the case may be, which identifies the individual to which such identification badge was issued as a current Member of Congress. The term covered installation means a military installation located in the United States or Guam at which the presentation of an issued Department of Defense common access card is the sole requirement for a member of the Armed Forces to be granted access to such military installation. The term Member of Congress means— a Senator; or a Representative in, or Delegate or Resident Commissioner to, Congress.
Section 525
1043. Authority of Secretary of Defense to enter into contracts to provide certain assistance to secure the southern land border of the United States Section 1059(a) of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 284 note; Public Law 114–92) is amended— in paragraph (1)(A), by striking United States Customs and Border Protection and inserting U.S. Customs and Border Protection; by redesignating paragraph (2) as paragraph (3); and by inserting after paragraph (1) the following new paragraph: In providing assistance to U.S. Customs and Border Protection under paragraph (1), the Secretary may enter into a contract for the provision of any of the following services: Detection and monitoring. Warehousing and logistical supply chain. Transportation. Vehicle maintenance. Training other than lead or primary instructor. Intelligence analysis. Linguist. Data entry. Aviation. (2)Contract authorityIn providing assistance to U.S. Customs and Border Protection under paragraph (1), the Secretary may enter into a contract for the provision of any of the following services:
(A)Detection and monitoring. (B)Warehousing and logistical supply chain.
(C)Transportation. (D)Vehicle maintenance.
(E)Training other than lead or primary instructor. (F)Intelligence analysis.
(G)Linguist. (H)Data entry.
(I)Aviation..
Section 526
1044. Limitation on use of funds to relocate or otherwise remove the Maritime Industrial Base Program None of the funds authorized to be appropriated or otherwise made available by this Act may be used to relocate or otherwise remove the Maritime Industrial Base Program from under the jurisdiction of the Assistant Secretary of the Navy for Research, Development, and Acquisition.
Section 527
1045. Limitation on retirement of Gray Eagle unmanned aircraft systems Except as provided in subsection (b), the Secretary of the Army may not retire, divest, or otherwise take any action that would— reduce the number, configuration, or capability of any MQ–1C Gray Eagle Extended Range unmanned aircraft system that is in the Army inventory as of the date of the enactment of this Act; or prevent the Army from maintaining such systems in the current or improved configurations and capabilities of such systems. The prohibition under subsection (a) shall not apply if the Chairman of the Joint Requirements Oversight Council submits to the appropriate congressional committees a written certification that— a capability of equal or greater effectiveness will be fielded and operational prior to, or concurrently with, the retirement of any MQ–1C Gray Eagle unmanned aircraft system; and such retirement will not result in a reduction in the overall capacity available to the commanders of the combatant commands. In this section, the term appropriate congressional committees means— the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code); and the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
Section 528
1046. Oversight of the United States Southern Command None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to carry out an action described in subsection (b) until a period of 90 days has elapsed following the date on which the Secretary of Defense submits the certification and analysis required under subsection (c) with respect to such action. The actions described in this subsection are the following: Modifying or combining the responsibilities of the Commander of the United States Southern Command, as set forth in chapter 6 of title 10, United States Code, with those of any other commander designated under such authority. Appointing an officer in a grade below O–10 to serve as the Commander of the United States Southern Command. The Secretary of Defense shall submit to the congressional defense committees each of the following with respect to any action described in subsection (b) that is proposed to be taken by the Secretary: A certification that, in the determination of the Secretary, the action is in the national security interest of the United States and will be undertaken only after appropriate consultations with Central American, South American, and other international partners on shared security objectives in the Western Hemisphere and its surrounding waters. An analysis of the effect of such action on the security of the United States. In preparing the certification and analysis required under subsection (c) with respect to an action described in subsection (b), the Secretary of Defense shall consult with the Commander of the United States Southern Command and the commander of any other geographic combatant command expected to be affected by the action. The certification required by subsection (c)(1) shall be submitted in unclassified form. The analysis described in subsection (c)(2) may be submitted in classified form.
Section 529
1047. Authority to transfer T–37 aircraft to Arizona Aviation Historical Group The Secretary of the Air Force may convey, without consideration, to the Arizona Aviation Historical Group, Phoenix, Arizona (in this section referred to as the foundation), all right, title, and interest of the United States in and to five retired T–37B Trainer Aircraft. A conveyance under this section shall be made by means of a conditional deed of gift. A conveyance authorized under subsection (a) shall be subject to the following conditions: Prior to conveyance, all military specific or unique equipment, as determined by the Secretary, on the aircraft shall be removed. The Secretary is not required to— repair or alter the condition of the aircraft before conveying ownership; or guarantee or ensure the airworthiness of any conveyed aircraft. The Secretary shall determine which aircraft to convey. Any aircraft conveyed under this section shall be conveyed in as is condition. The Secretary shall make no representation or warranty concerning the condition, fitness for any particular purpose, or compliance with any laws or regulations of such aircraft. The Secretary shall include in an instrument of conveyance for an aircraft conveyed under this section— a condition that the foundation does not convey any ownership interest in, or transfer possession of, the aircraft to another party without the prior approval of the Secretary; a condition that the foundation operate and maintain the aircraft in compliance with all applicable limitations and maintenance requirements imposed by the Administrator of the Federal Aviation Administration; and a condition that if the Secretary determines at any time that the foundation has violated a condition under paragraph (1) or (2), all right, title, and interest in and to the aircraft, including any repair or alteration of the aircraft, shall revert to the United States, and the United States shall have the right of immediate possession of the aircraft. Any conveyance of an aircraft authorized by this section shall be made at no cost to the United States. Any costs associated with such a conveyance, including the costs of inspection or removal of equipment prior to conveyance, the cost of determining compliance with the requirements of this section and any instrument of conveyance made pursuant to this section, and the costs of the operation, sustainment, transportation, ground support equipment, and disposal of any aircraft conveyed under this section shall be borne by the foundation. The Secretary may require such additional terms and conditions in connection with a conveyance made under this section as the Secretary considers appropriate to protect the interests of the United States. Notwithstanding any other provision of law, upon the conveyance of ownership of the T–37B Trainers to the foundation under subsection (a), the United States shall not be liable for any death, injury, loss, or damage that results from any use of that aircraft by any person other than the United States.
Section 530
1048. Authorization of Eastern Regional Range Complex for multi-domain operations and robotic autonomous systems training, testing, and experimentation The Secretary of Defense, acting through the Secretaries of the military departments, may designate and develop an Eastern Regional Range Complex to serve as a joint training, testing, and experimentation hub for multi-domain operations and robotic autonomous systems, including unmanned aircraft systems and counter-unmanned aircraft systems capabilities, to address growing threats from potential adversaries. The Eastern Regional Range Complex shall encompass the territories of the States of Maine, Vermont, New Hampshire, Connecticut, Rhode Island, Massachusetts, New York, New Jersey, Delaware, Maryland, Pennsylvania, West Virginia, Virginia, North Carolina, South Carolina, Georgia, Florida, Louisiana, Kentucky, Tennessee, Arkansas, Mississippi, Indiana, and Alabama. The Eastern Regional Range Complex shall be used— to conduct joint, multi-domain, non-kinetic electromagnetic warfare, cyber and information operations training within live, virtual, and constructive environments, leveraging common networks with access to available spectrum; support integrated multi-domain operations training involving air, land, sea, cyber, and space components; conduct joint service and interagency robotic autonomous system training, experimentation and testing, including the development of tactics, techniques and procedures for unmanned aircraft systems and counter-unmanned aircraft systems; evaluate emerging technologies and prototypes and tactics, techniques and procedures for the operation, detection, defeat, and attribution of robotic autonomous systems in contested cyber and electromagnetic spectrum environments; and facilitate the integration of mature prototype experimentation and live-fire exercises for rapid fielding of capabilities aligned with the Joint Warfighting Concept. The Secretary of Defense shall ensure that activities conducted at the Eastern Regional Range Complex are coordinated with— the Joint Counter-small Unmanned Aircraft Systems Office. the Joint Staff (J–7); the Office of the Under Secretary of Defense for Research and Engineering; and other entities with functions or missions relevant to the activities carried out at the Complex, which may include— relevant combatant commands and service components: allies and partners of the United States participating in multi-domain operations; the Defense Innovation Unit; State National Guard commands; the Office of Naval Research; and such other key stakeholders as the Secretary determines appropriate. The Secretary of Defense may— carry out military construction, infrastructure improvements, and technology installation, as necessary, to facilitate the activities described in subsection (b), including through the provision of range instrumentation, telemetry, cyber range integration, and electromagnetic spectrum operations support; and consult with the Federal Communications Commission and the National Telecommunications and Information Administration to recommend spectrum access requirements in support of joint and service training, testing, and experimentation within the Eastern Regional Range Complex and the Western Regional Range Complex, including access to appropriate live environments capable of supporting electromagnetic attack training, experimentation, and testing.
Section 531
1049. Prohibition on availability of funds for institutions of higher education that allow antisemitic demonstrations None of the funds authorized to be appropriated or otherwise made available for fiscal year 2026 for the Department of Defense may be provided to an institution of higher education if— an antisemitic demonstration has occurred on the campus of the institution; and the administration of the institution has failed to take action to mitigate and prevent further antisemitic demonstrations. In this section: The term antisemitic demonstration means any public display of antisemitism. The term antisemitism means a certain perception of Jews, which may be expressed as hatred toward Jews, including rhetorical and physical manifestations directed toward individuals or their property, community institutions, or religious facilities.
Section 532
1050. Limitation on use of funds pending certification of compliance with certain congressional notice requirements Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Operation and Maintenance, Defense-wide, and available for the Office of the Under Secretary of Defense for Policy for travel, not more than 90 percent may be obligated or expended until the Secretary of Defense certifies to the congressional defense committees that the Department of Defense is compliant with the requirements of section 1067 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 113 note). A certification under subsection (a) shall include each of the following: a written statement that a copy of each execute order required to be submitted to the congressional defense committees under such section has been transmitted to the congressional defense committees; and a description of the mechanism established to facilitate the provision to the congressional defense committees of all future briefings required under such section, and the compliance with the disclosure and notice requirements under such section, within the time frames required by such section.
Section 533
1051. Prohibition on the use of funds from carrying out a hiring freeze, reduction in force, or hiring delay without cause at a public shipyard None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used to— carry out a hiring freeze at a public shipyard; carry out a reduction in force at a public shipyard; or delay without cause the filling of a vacant Federal civilian employee position at a public shipyard.
Section 534
1052. Limitation on use of funds for deactivation of Expeditionary Combat Aviation Brigades None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Army may be obligated or expended to retire, deactivate, schedule to deactivate, or proceed with any action that would reduce the capabilities, resources, aircraft, or personnel available, as of the date of the enactment of this Act, for the Expeditionary Combat Aviation Brigades before the earlier of the following dates: The date that is 90 days after the date on which the Secretary of the Army submits to the congressional defense committees a plan to offset any loss of mission associated with air mobility,aeromedical evacuation, reconnaissance, and logistical support provided, as of the date of the enactment of this Act, by the Expeditionary Combat Aviation Brigades that includes reassignment options for potentially displaced soldiers at such brigades. The date that is 30 days after the date on which the Secretary of the Army submits to the congressional defense committees a plan for the recapitalization of the aircraft used by the Expeditionary Combat Aviation Brigades that is specific with respect to each unit and geographical location of such brigades.
Section 535
1053. Use of nonelectric vehicles by employees at Yuma Proving Ground Department of Defense employees at the Yuma Proving Ground, Yuma, Arizona, may use nonelectric vehicles in the performance of their duties.
Section 536
1054. Process to furnish certain demographic data regarding members of the Armed Forces to State educational agencies The Secretaries concerned, in consultation with the Secretary of Education, State educational agencies, local educational agencies, and experts in student data and privacy, shall, not later than 18 months after the date of enactment of this Act, establish a data sharing process that enables a State educational agency to— access data described in subsection (b) attributable to individuals who graduated high school in the State of such State educational agency; and integrate such data into— such State’s statewide longitudinal data system; or an alternate data system operated by such State. The data described in this paragraph may include the following information: With respect to an individual who is a member of an Armed Force who graduated from secondary school: The highest level of education attained. The name and location of the educational institution where the member received education described in subparagraph (A). The name and location of the secondary school from which the individual graduated. Score on the Armed Forces Qualification Test. The date the member joined an Armed Force. The Armed Force of the member. Rank. The area of expertise or military occupational specialty. The date of separation, if applicable. Any other information determined appropriate by the Secretary concerned. With respect to an individual who graduated from secondary school and whose application to join an Armed Force was denied: The highest level of education attained. The name and location of the school where the individual received education described in subparagraph (A). The name and location of the secondary school from which the individual graduated. Score on the Armed Forces Qualification Test. Data transmitted through the data sharing process under subsection (a) shall be transmitted confidentially and using the most current standards for data security at the time of transmission. The Secretaries concerned shall carry out subsection (a) in a manner that protects individual privacy and data security, in accordance with applicable Federal, State, and local privacy laws. Each Secretary concerned and each State educational agency that accesses data under subsection (a) shall establish, implement, and maintain reasonable data security practices to protect— the confidentiality, integrity, and availability of data; and data against unauthorized access. In this section: The term Secretary concerned means— the Secretary of Defense; or the Secretary of Homeland Security. The terms local educational agency, secondary school, and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Section 537
1055. Revocation of Security Clearances for Certain Persons Notwithstanding any other provision of law, the Secretary of Defense shall suspend or revoke a security clearance or eligibility for access to classified information for any retired or separated member of the Armed Forces or civilian employee of the Department of Defense who engages in an activity described in subsection (b). The activities described in this subsection are lobbying activities or lobbying contacts for or on behalf of any entity that is— identified by the Secretary of Defense in the most recent report submitted under section 1260H 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; or included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. The Secretary of Defense may, for periods not to exceed 180 days, waive the application of the prohibition in subsection (a) for an individual if the Secretary certifies to the congressional defense committees that doing so is in the national security interest of the United States. In this section: The term congressional defense committees has the meaning given the term in section 101(a) of title 10, United States Code. The term lobbying activities has the meaning given such term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602). The term lobbying contact has the meaning given such term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), except that clause (iv) of paragraph (8)(B)(iv) of such section shall not apply.
Section 538
1056. Ceremonial horses adoption program of the Army Section 2583(c) of title 10, United States Code, is amended— in paragraph (1), by striking A military animal and inserting, Except as provided in paragraph (3), a military animal; and by adding at the end the following new paragraph: If the Secretary of the Army determines that an adoption or transfer of a horse used in any ceremonial horse program of the Army is justified under subsection (a), the Secretary shall follow the recommended priority order in paragraph (1) except that the Secretary shall give first priority to making the horse available for transfer to a State, local, municipal, or Tribal law enforcement agency capable of humanely caring for the horse (including by demonstrating the capability to adequately care, house, and train the horse). (3)If the Secretary of the Army determines that an adoption or transfer of a horse used in any ceremonial horse program of the Army is justified under subsection (a), the Secretary shall follow the recommended priority order in paragraph (1) except that the Secretary shall give first priority to making the horse available for transfer to a State, local, municipal, or Tribal law enforcement agency capable of humanely caring for the horse (including by demonstrating the capability to adequately care, house, and train the horse)..
Section 539
1057. Elimination of discretion of military chain of command and senior civilian leadership with respect to display of flags Section 1052(d)(1)(N) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2661 note) is amended by striking subparagraph (N).
Section 540
1061. Mobility capability requirements study Section 1068 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended— in subsection (a), by striking one year after the date of the enactment of this Act and inserting December 23, 2025; and in subsection (c)— in paragraph (1)— in the paragraph headling, by striking briefing and inserting briefings; and by inserting and not later than six months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026 after this Act; and in paragraph (2), by striking one year after the date of the enactment of this Act and inserting December 23, 2025.
Section 541
1062. Extension of briefing requirement regarding civil authorities at the Southwest border Section 1070 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2791), as amended by section 1063 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended by striking through December 31, 2025 and inserting through December 31, 2026.
Section 542
1063. Prohibition on lobbying activities with respect to the Department of Defense by certain officers of the Armed Forces and civilian employees of the department following separation from military service or employment with the Department Section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. note prec. 971) is amended— in subsection (a)(1), by striking two-year and inserting five-year; and in subsection (b)(1), by striking one-year and inserting three-year.
Section 543
1064. Annual report on requests of combatant commands for remote sensing data Not later than February 1, 2026, and annually thereafter for a five-year period, the Chairman of the Joint Chiefs of Staff, in consultation with the commanders of the combatant commands, shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the requests of the combatant commands for data and information derived from remote sensing. Each report under subsection (a) shall include, with respect to the two-year period preceding the date of the submission of that report and for each combatant command, the following information: An identification of the number of requests of that combatant command for data or information derived from remote sensing made to personnel of the National Geospatial-Intelligence Agency during such period, if any, including the number of any such requests denied, accepted but not completely fulfilled, and completely fulfilled, respectively. With respect to any such requests, an assessment of whether the time to provide the data or information requested was sufficient for the tactical purpose for which the data or information was requested. An identification of the number of any such requests not completely fulfilled and the reason, if any, given by personnel of the National Geospatial-Intelligence Agency for such lack of fulfillment.
Section 544
1065. Notification of waivers under Department of Defense Directive 3000.09 Not later than 30 days after issuing any waiver under Department of Defense Directive 3000.09 (relating to autonomy in weapon systems), or any successor directive, the Secretary of Defense shall submit to the congressional defense committees written notification of such waiver. Each notification submitted under subsection (a) shall include the following: The rationale for the waiver. A description of the autonomous weapon system or technology covered by the waiver. The anticipated duration of the waiver. The notification required under subsection (a) shall be submitted in unclassified form but may include a classified annex as necessary.
Section 545
1066. Annual report on Guam civilian-military projects Not later than December 31 each year, the Commander of Joint Region Marianas, in consultation with the governor of Guam, shall submit to Congress a report on specific projects in Guam that support military readiness and public interests in Guam. Such report may include projects carried out— pursuant to section 2391(d), section 2802, section 2805, or section 2815 of title 10, United States Code, or other authorities determined by the Commander; or using amounts authorized to be appropriated for operation and maintenance, for Joint Region Marianas Operations and Maintenance funds or authorities under which the Department of Defense transfers funds to other Federal agencies.
Section 546
1067. Annual report on military power and illicit activities of certain drug cartels Not later than 180 days after the date of enactment of this Act, and annually thereafter until the date specified in subsection (f), the Secretary of Defense, in coordination with the Secretary of State, the Director of National Intelligence, the Attorney General, and the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report on the military power and illicit activities of the cartels specified in subsection (b). Each such report shall include each of the following: A detailed assessment of the organizational structure, leadership hierarchy, and key operational figures of each cartel, including, with respect to any individuals affiliated with the cartel, the roles of such individuals in conducting military and paramilitary activities. An evaluation of the military and paramilitary capabilities of each cartel, including the size, structure, and sophistication of the armed forces or militias of the cartel, including— a description of the types and quantities of weapons, equipment, and technology (including drones, encrypted communications, and advanced surveillance systems) used by the cartel; an assessment of the recruitment, training, and operational tactics of the cartel, including an identification of any cross-border operations and coordination with other criminal or terrorist organizations A description of the geographic areas, both within the United States and internationally, where the cartels operate or exert control of territory or influence, including the control of such cartels over border regions and smuggling routes. An assessment of the direct and indirect threats posed by the cartels to the national security of the United States and its allies. A summary of current efforts by the Armed Forces, law enforcement, and intelligence community of the United States to counter the activities of the cartels, including interagency coordination and cooperation with foreign governments. Recommendations for additional authorities, resources, or strategies to enhance the efforts of the United States to disrupt and dismantle the military capabilities of the cartels. A cartel specified in this subsection is any organization or entity that is engaged in the production and trafficking of narcotics that— the Secretary of State has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); is subject to sanctions under Executive Order 13224 (50 U.S.C. 1701 note, relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); is subject to sanctions under Executive Order 14059 (relating to imposing sanctions on foreign persons involved in the global illicit drug trade); or is determined to a transnational criminal organization pursuant to the Fentanyl Eradication and Narcotics Deterrence Act (division E of Public Law 118–50; 21 U.S.C. 2341 note). The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. The unclassified portion of the report required under subsection (a) shall be made publicly available on a website of the Department of Defense. In this section, the term appropriate congressional committees means— the congressional defense committees; the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Transportation and Infrastructure of the House of Representatives; and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. The date specified in this subsection is December 31, 2030.
Section 547
1068. Department of Defense briefing on pulsed lasers Not later than 90 days after the date of the enactment of this section, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on— the efficacy and feasibility of pulsed lasers to defend both tactical and strategic facilities and installations against offensive unmanned aerial systems, especially in swarms, in the near term; and pulsed laser defensive capabilities against intermediate to long-range missile threats in the medium term.
Section 548
1069. Reports on installation of certain collision avoidance systems in military rotary-wing aircraft Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the feasibility of installing a traffic alert and collision avoidance system in each military rotary-wing aircraft. Such report shall include— an analysis of the cost associated with installing a traffic alert and collision avoidance system in each military rotary-wing aircraft; an analysis of the effect of installing such systems in such aircraft on the safety of civilian airspace; an identification of any changes to the configuration of the cockpit of such aircraft that would be necessary in order to install such systems; any implications the installation of such systems would have for combat, training, or domestic security operations; and if the Secretary determines that the installation of such systems in such aircraft is not feasible, recommendations regarding similar systems or capabilities that could be installed instead. In this subsection, the term traffic alert and collision avoidance system means a collision avoidance system in compliance with section 121.356 of title 14, Code of Federal Regulations, or any successor regulation. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the feasibility of installing automatic dependent surveillance–broadcast IN capability in each military rotary-wing aircraft. Such report shall include— an analysis of the cost associated with installing automatic dependent surveillance–broadcast IN capability in each military rotary-wing aircraft; an analysis of the effect of installing such capabilities in such aircraft on the safety of civilian airspace; an identification of any changes to the configuration of the cockpit of such aircraft that would be necessary in order to install such capabilities; any implications the installation of such capabilities would have for combat, training, or domestic security operations; and if the Secretary determines that the installation of such capabilities in such aircraft is not feasible, recommendations regarding similar systems or capabilities that could be installed instead.
Section 549
1070. Cybersecurity and Resilience Annex in Strategic Rail Corridor Network Assessments Congress finds that— the Strategic Rail Corridor Network (hereinafter referred to as STRACNET) is a crucial asset for military mobility and logistics, increasingly targeted by cyber threats; cybersecurity vulnerabilities in rail infrastructure could disrupt defense operations and national security during a crisis; resilience against cyberattacks and physical disruptions is essential to maintain the operational integrity of the Strategic Rail Corridor Network; and regular assessments with a dedicated cybersecurity and resilience annex are necessary to address evolving risks and ensure network reliability. It is the sense of Congress that integrating cybersecurity and infrastructure resilience into the Strategic Rail Corridor Network assessments in crucial to protecting this vital defense transportation network. The Secretary of Defense, in coordination with the Secretary of Transportation and the Secretary of Homeland Security, shall include in each assessment of the Strategic Rail Corridor Network carried out after the date of the enactment of this section an annex containing an evaluation of the cybersecurity and the resilience of the physical infrastructure of the Strategic Rail Corridor that includes— a description of potential cyber threats and vulnerabilities affecting the Strategic Rail Corridor Network operations; an assessment of the resilience of the Strategic Rail Corridor Network against cyberattacks and other disruptive actions by an adversary of the United States; recommended actions to be taken by Congress and Federal agencies to improve the cybersecurity defenses and the resilience of the physical infrastructure of the Strategic Rail Corridor Network; and a description of the timelines and resource requirements to implement the recommendations under paragraph (3).
Section 550
1070A. Report on DOD-funded institutions of higher education hosting Confucius Institutes Not later than 180 days 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 identifying each institution of higher education that has— received funding from the Department of Defense; and hosted a Confucius Institute while in receipt of such funding.
Section 551
1070B. Report on aviation fleet maintenance, aircraft availability rates, and plans to reduce downtime 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 aviation fleet maintenance backlogs, aircraft availability rates, and plans to reduce downtime, with a focus on bases in Florida.
Section 552
1070C. Study on improvement of Army contracted sealift assets It is the sense of Congress that— there is reason for concern with respect to the adequacy, availability, and alignment of lift assets—both strategic and tactical—within the area of operations of the United States Indo-Pacific Command; and given ongoing operational requirements, contested logistics challenges, and the need for rapid mobility in support of both deterrence and contingency operations, a comprehensive analysis of current and projected Army sealift capacity is warranted. Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall submit to the congressional defense committees a report on options for expanding a reserve contracted wartime sealift capacity in the Indo-Pacific region. In producing the report, the Assistant Secretary shall take into consideration the effects of contested logistics environments, anti-access/area denial threats, and the necessity of distributed operations under both steady-state and high-end conflict conditions. The report shall include each of the following: An identification of each Army contracted sealift asset available during fiscal year 2025 in the area of operations of the United States Indo-Pacific Command. An evaluation of current and projected mission requirements and operational tempo through fiscal year 2028, including an analysis of whether the existing Army contracted sealift assets are sufficient to meet the needs of the United States Indo-Pacific Command and United States Army Pacific in both peacetime and conflict scenarios. Recommendations for improving the contracted sealift capability, capacity, and responsiveness of the sealift capacity of the Army in the area of operations of the United States Indo-Pacific Command, including through— budgeting changes to ensure stable and reliable sources of funding; improved coordination with the contracted options of other military departments; on-call contracting during quickly escalating crisis and conflict; posture adjustments; force structure changes; and interoperability improvements with allies and partners.
Section 553
1070D. Study on public, private, and allied shipyard capabilities for Indo-Pacific region conflicts Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in coordination with the Commander of the United States Indo-Pacific Command, shall conduct a study to assess the capacity of each United States public and private shipyard, and each foreign shipyard of an allied or partner country, to support battle damage repair in the event of an armed conflict in the Indo-Pacific region. The study under subsection (a) shall include the following: An assessment of the major infrastructure, facilities, and equipment of United States public and private shipyards in the Indo-Pacific region capable of use by the United States Armed Forces for battle damage repair during an armed conflict with a near-peer competitor in such region. An evaluation of the workforce of United States public and private shipyards in the Indo-Pacific region, including the availability, training, and projected needs of such workforce to support such battle damage repair. An assessment of the public and private personnel, infrastructure, facilities, and equipment of foreign shipyards of allied or partner countries in the Indo-Pacific region capable of supporting the United States Armed Forces with respect to such battle damage repair. An analysis of supply chain resilience and vulnerabilities relating to such battle damage repair. Recommendations for strategic investments or policy changes necessary to expand or modernize public or private shipyard capacity to support such battle damage repair. Not later than 90 days after the date on which the Secretary concludes the study under subsection (a), the Secretary shall submit to the congressional defense committees a report containing the results of such study and any recommendations the Secretary considers appropriate.
Section 554
1070E. Utilization of office space by the Department of Defense The Secretary of Defense shall annually submit a written report to the Administrator of the General Services Administration that includes the following: Monthly total occupancy of office space. The actual utilization of office space. Monthly space utilization rates. Any other office space utilization data considered important by the Administrator of the General Services Administration. The Secretary of Defense shall draft and finalize written procedures that provide for the return of office space to the General Services Administration if the occupancy of the Department of Defense falls below a 60 percent space utilization rate for 6 months within any 1-year period. This section shall not apply to office space properties used by an element of the intelligence community. In this section: The term actual utilization means the percentage of capacity used based on the space utilization rate. The term capacity means a usable office space calculated by the square feet of such space divided by 150. 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). The term occupancy means the total number of employees performing duties in-person, in office space, at least 5 days per week on a recurring basis. The term space utilization rate means total usable square feet divided by occupancy.
Section 555
1070F. Biennial assessment of the Naval Air Warfare Center Weapons Division Not later than December 1 of each of 2026, 2028, and 2030, the Secretary of the Navy shall submit to the congressional defense committees an assessment of the Naval Air Warfare Center Weapons Division. In each assessment submitted under subsection (a), the Secretary shall include, for the period covered by the assessment, a description of— any challenges with respect to completing the mission of the Naval Air Warfare Center Weapons Division; and the plan of the Secretary to address such challenges.
Section 556
1070G. Extension of biennial assessments of Air Force Test Center Section 1067 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by striking and 2026 and inserting 2026, 2028, and 2030.
Section 557
1070H. Report on proposed Western Hemisphere Command 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 proposed establishment of a Western Hemisphere Command through the consolidation of United States Army North and United States Army South. The report required under subsection (a) shall include— a detailed description of the proposed mission and command structure of the Western Hemisphere Command; an explanation of how the proposed command would support or enhance homeland defense, civil support, disaster response, and regional security cooperation operations currently conducted by United States Army North and United States Army South; an assessment of the anticipated relationship between the Western Hemisphere Command and the United States Northern Command and the United States Southern Command; an evaluation of how the proposed structure would improve coordination with interagency, international, and State partners; and an assessment of potential headquarters locations for the Western Hemisphere Command, including an analysis of the operational, strategic, and fiscal benefits of retaining the headquarters at Joint Base San Antonio–Fort Sam Houston, Texas, taking into account— the central location of San Antonio in the Western Hemisphere, including its proximity to the border between the United States and Mexico, which enhances border security operations and regional defense cooperation; the longstanding investments of the city of San Antonio in military infrastructure, including more than $158,000,000 toward Joint Base San Antonio infrastructure priorities; co-located intelligence, communications, logistics, and national security infrastructure, including National Security Administration Texas and one of the largest concentrations of cybersecurity professionals in the United States; the presence of the 16th Air Force (Air Forces Cyber) which is the operational headquarters of the Air Force for integrated cyber, electronic warfare, and information operations and is recognized as one of the preeminent cyber defense entities in the United States; premier Department of Defense health infrastructure at Brooke Army Medical Center and a pipeline for future medical professionals at the University of Texas Health Science Center at San Antonio; and any other matters the Secretary of Defense considers relevant.
Section 558
1070I. Report on modernization requirements for the Thunderbirds demonstration team It is the sense of Congress that— the United States Air Force Thunderbirds, based at Nellis Air Force Base, serve a critical role in enhancing military recruitment, national unity, and airpower education; the Thunderbirds represent the highest standards of professionalism, precision, and public engagement; and continued investment in the aircraft, training, and personnel of the Thunderbirds is essential to preserving their global reputation and mission readiness. Not later than 180 days after the date of enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report evaluating the current and projected aircraft modernization and sustainment needs of the United States Air Force Thunderbirds, including F–16 platform sustainment timelines, readiness rates, and transition considerations for future aircraft platforms.
Section 559
1070J. Report on proliferation of Chinese medical device technology in the United States Not later than March 1, 2025, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the House of Representatives a report on the proliferation of Chinese medical device technology in the Department of Defense. The report under subsection (a) shall including the following: An assessment of the extent to which Chinese medical technology has been and is being used in Department of Defense medical facilities, and, to the extent practicable, an assessment of use by non-Department medical facilities that provide medical care to members of the Armed Forces and their families. An analysis of the national security vulnerabilities associated with using Chinese medical device technology in Department of Defense medical facilities and in non-Department medical facilities that provide medical care to members of the Armed Forces and their families. Any other matters the Secretary determines relevant.
Section 560
1070K. Report on establishing communication enclaves between the Department of Defense and Congress 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 outlining the cost, schedule, and implementation plan to establish a system of classified and unclassified communication enclaves between the Department of Defense and Congress, as annotated in the Commission on Planning, Programming, Budgeting, and Execution Reform’s 2024 final report, that— enables more robust communication between the Department of Defense and Congress; includes a common set of reports and budget materials that can be readily searched, sorted, and retrieved for analysis across all security classification levels; and enables efficient and effective communications between the Department of Defense and Congress, increasing trust, transparency, and relevancy.
Section 561
1070L. Report on cost of living adjustment Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on cost of living adjustment calculations for purposes of pay and benefits for members of the Armed Forces and civilian employees of the Department of Defense whose permanent duty station is located in the 19th Congressional District of California. Such report shall include— an explanation of the methods used to collect data and the factors used to determine such cost of living adjustment; an assessment of the appropriateness of including in the calculation of such cost of living adjustment the presence of military commissaries or exchanges; the evaluation of the Under Secretary of— whether any locations within the 19th Congressional District of California should be considered a high-cost area for purposes of chapter 67 of volume 7A of the Department of Defense Financial Management Regulation; whether the existence of a military commissary in Monterey, California, provides substantial financial support that affects the determination of a cost of living adjustment; and the advisability of providing certain areas within the 19th Congressional District of California with an increased cost of living adjustment; and a comparison of the factors that contribute to a determination of the cost of living adjustments that are applied to Monterey, California, and Santa Clara, California.
Section 562
1070M. Responsible use of artificial intelligence for logistics, intelligence, maintenance, cyber defense, and other mission areas It is the sense of Congress that— the adoption of artificial intelligence (AI) is critical to United States defense readiness and competitiveness; and the Secretary of Defense should expand pilot programs and fielding of AI-enabled systems that enhance decision-making, reduce costs, and improve warfighter effectiveness. The Secretary of Defense shall, not later than the end of the 6-month period beginning on the date of enactment of this Act, and every 6 months thereafter, issue a report to the congressional defense committees on current and planned AI integration efforts, including barriers to implementation and recommendations for accelerating adoption. Paragraph (1) shall cease to have any force or effect after the end of the 5-year period beginning on the date of enactment of this Act.
Section 563
1070N. GAO review and report on biological weapons experiments on and in relation to ticks, tick-borne disease The Comptroller General of the United States shall conduct a review of research conducted during the period beginning on January 1, 1945, and ending on December 31, 1972, by the Department of Defense, including by the Department of Defense in consultation with the National Institutes of Health, the Department of Agriculture, or any other Federal agency on— the use of ticks as hosts or delivery mechanisms for biological warfare agents, including experiments involving Spirochaetales and Rickettsiales; and any efforts to improve the effectiveness and viability of Spirochaetales and Rickettsiales as biological weapons through combination with other diseases or viruses. In conducting the review under subsection (a), the Comptroller General shall review research conducted at facilities located inside United States and facilities located outside the United States, including laboratories and field work locations. In conducting the review under subsection (a), the Comptroller General shall review any relevant classified information. In conducting the review under subsection (a), the Comptroller General shall review, among other sources, the following documents: Technical Reports related to The Summary of Major Events and Problems, US Army Chemical Corps, FY 1951 – FY1969. Site Holding: CB DT DW 48158 Title: Virus and Rickettsia Waste Disposal Study. Technical Report No. 103, January 1969. Corp Author Name: FORT DETRICK FREDERICK MD Report Number: SMUFD-TR-103 Publish Date: 19690101. Site Holding: CB DT DW 60538 Title: A Plaque Assay System for Several Species of Rickettsia. Corp Author Name: FORT DETRICK FREDERICK MD Report Number: SMUFD-TM-538 Publish Date: 19690601. Site Holding: CB DW 531493 Title: Progress Report for Ecology and Epidemiology and Biological Field Test Technology, Third Quarter FY 1967. Corp Author Name: ARMY DUGWAY PROVING GROUND UT Publish Date: 19670508. Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report that includes the following: The scope of any research described in subsection (a). Whether any ticks used in such research were released outside of any facility (including any ticks that were released unintentionally). Whether any records related to such research were destroyed, and whether such destruction was intentional or unintentional. The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
Section 564
1070O. Assessment of integration of Joint Combatant Commander Exercise Team into large scale exercises of United States Indo-Pacific Command Not later than 90 days after the date of the enactment of the Act, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees an assessment of the ways in which a standing Joint and Combatant Commander Exercise Team supported by experienced former members of the Armed Forces could be integrated into Department of Defense concepts of operations in support of coalition, joint, and combatant commander large scale exercises.
Section 565
1070P. Report on development and deployment of the Naval Autonomous Data Collection System Not later than April 15, 2026, the Secretary of the Navy shall submit to the congressional defense committees a report on the development and deployment of the Naval Autonomous Data Collection System. Such report shall include information about the progress of establishing the program, projected benchmarks for fiscal year 2027, and any impediments to meeting these goals.
Section 566
1070Q. Report on options for establishing a digital engagement framework for addressing recruitment, retention, and readiness challenges Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on options for establishing a digital engagement framework for the purpose of addressing recruitment, retention, and readiness challenges facing the Armed Forces by— leveraging community-driven digital platforms available to members of the Armed Forces and the family members and caregivers of such members; improving the use and awareness of benefits or services available under the Transition Assistance Program and other programs of the Department of Defense; and positioning service in the Armed Forces as a premier pathway for achieving full human potential. The report under subsection (a) shall include the following: With respect to any benefit, service, or program of the Department for members of the Armed Forces (including members of the Armed Forces participating in the Transition Assistance Program), or family members or caregivers of such members, the following: an assessment of digital engagement capabilities, including— survey design, implementation, or analysis capabilities to identify any such benefit, service, or program that is underused by such individuals; internal marketing capabilities to promote such benefits, services, or programs; strategic content development highlighting available opportunities with respect to such benefits, services, or programs; collaborative networks with subject matter experts relating to the subject matter of such benefits, services, or programs; and advanced data management capabilities (including geolocation, demographic, and segment analytics) to ensure targeted outreach connects such individuals with such benefits, services, or programs; an identification of any such capabilities that have a demonstrated history of high user engagement, involve real-time responsiveness features, and provide resource-agnostic connectivity to any such benefit, service, or program; and an evaluation of how comprehensive community management across digital platforms that are geographically diverse but interconnected can improve the use and awareness of such benefits, services, or programs, by such individuals. An assessment of potential partnerships with nonprofit organizations under section 501(c)(3) of the Internal Revenue Code of 1986 that the Secretary determines have a demonstrated history of— managing large-scale digital communities serving the individuals specified in paragraph (1), including across multiple time zones; and funding health and wellness initiatives for such individuals and improving retention in health care services and reduced rates of relapse among such individuals. Recommendations by the Secretary for the potential establishment of one or more pilot programs to test digital engagement solutions for the purpose specified in paragraph (1), measure the effects of such solutions with respect to the challenges specified in such paragraph, and evaluate the cost-effectiveness of such solutions, including recommendations on— potential actions under the pilot program to stress-test digital platforms under mobilization surge conditions to simulate the rapid onboarding of large numbers of members of the Armed Forces and family members of such members during contingency operations; and the potential use of funds appropriated to the Department or other funding mechanisms available to the Department to carry out such pilot program.
Section 567
1070R. Report on red flags missed in fraud scheme perpetrated by Janet Yamanaka Mello 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 fraud scheme perpetrated by Janet Yamanaka Mello, a civilian employee of the Department of the Army, who was indicted and pleaded guilty to stealing over $100,000,000 in 4-H Military Partnership Grant program funds. The report required under subsection (a) shall include each of the following: A description of the breakdown in the supervision of Mello, including any failures of management or oversight that contributed to the ability of Mello to carry out the fraud scheme undetected. A description of the breakdown in accountability with respect to the loss of the stolen funds, including any failures to ensure that such funds were actually being spent for the purposes for which such funds were intended. A description of the failure to ensure that financial program managers, such as Mello, are not able to funnel Government funds to themselves or their own entities. An identification of any other red flags or warning signs that were missed or ignored by employees of the Department of Defense, including any instances of whistleblower retaliation or suppression of concerns. An assessment of the policies and procedures of the Department of Defense and Department of the Army, as of the date of the enactment of this Act, designed to prevent employees from perpetrating similar fraud schemes in the future. Recommendations for improvements to the policies, procedures, and oversight of the Department of Defense and Department of the Army to prevent employees from perpetrating similar fraud schemes in the future. A description of any disciplinary or administrative actions taken against any individuals or entities found to have contributed to the ability of Mello to carry out the fraud scheme. A description of any changes made, or planned to be made, to the financial management and oversight processes of the Department of Defense and the Department of the Army as a result of the fraud scheme perpetrated by Mello. An assessment of the effects of the fraud scheme perpetrated by Mello on the programs and operations of the Department of Defense and the Department of the Army. Any other information the Secretary of Defense determines relevant to understanding the fraud scheme perpetrated by Mello and preventing employees from perpetrating similar fraud schemes in the future. The Secretary of Defense shall make the report required under subsection (a) publicly available on an appropriate website of the Department of Defense.
Section 568
1071. Air Force Technical Training Center of Excellence Chapter 903 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of the Air Force shall operate a Technical Training Center of Excellence. The head of the Center shall be the designee of the Commander of the Airman Development Command. The purposes of the Center shall be to— facilitate collaboration among all Air Force technical training installations; serve as a premier training location for all maintainers throughout the military departments; publish a set of responsibilities aimed at driving excellence, innovation, and leadership across all technical training specialties; advocate for innovative improvements in curriculum, facilities, and media; foster outreach with industry and academia; identify and promulgate best practices, standards, and benchmarks; create a hub of excellence for the latest advancements in aviation technology and training methodologies; and carry out such other responsibilities as the Secretary determines appropriate. The Secretary shall select a location for the Center that is an Air Force installation that provides technical training and maintenance proficiency. 9026.Air Force Technical Training Center of Excellence (a)EstablishmentThe Secretary of the Air Force shall operate a Technical Training Center of Excellence. The head of the Center shall be the designee of the Commander of the Airman Development Command.
(b)PurposesThe purposes of the Center shall be to— (1)facilitate collaboration among all Air Force technical training installations;
(2)serve as a premier training location for all maintainers throughout the military departments; (3)publish a set of responsibilities aimed at driving excellence, innovation, and leadership across all technical training specialties;
(4)advocate for innovative improvements in curriculum, facilities, and media; (5)foster outreach with industry and academia;
(6)identify and promulgate best practices, standards, and benchmarks; (7)create a hub of excellence for the latest advancements in aviation technology and training methodologies; and
(8)carry out such other responsibilities as the Secretary determines appropriate. (c)LocationThe Secretary shall select a location for the Center that is an Air Force installation that provides technical training and maintenance proficiency..
Section 569
9026. Air Force Technical Training Center of Excellence The Secretary of the Air Force shall operate a Technical Training Center of Excellence. The head of the Center shall be the designee of the Commander of the Airman Development Command. The purposes of the Center shall be to— facilitate collaboration among all Air Force technical training installations; serve as a premier training location for all maintainers throughout the military departments; publish a set of responsibilities aimed at driving excellence, innovation, and leadership across all technical training specialties; advocate for innovative improvements in curriculum, facilities, and media; foster outreach with industry and academia; identify and promulgate best practices, standards, and benchmarks; create a hub of excellence for the latest advancements in aviation technology and training methodologies; and carry out such other responsibilities as the Secretary determines appropriate. The Secretary shall select a location for the Center that is an Air Force installation that provides technical training and maintenance proficiency.
Section 570
1072. National Commission on the Future of the Navy study of maritime industrial base Section 1092(a)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2807) is amended by adding at the end the following new subparagraph: The Commission shall conduct a study on the condition of the United States maritime industrial base, including the capacity of the maritime industrial base to meet national defense requirements and support naval recapitalization. This study shall include— an evaluation of the strength and capacity of United States shipyards, repair facilities, and supporting infrastructure, including the ability of such shipyards, facilities, and infrastructure to meet current and future Navy and sealift demands; an assessment of the skilled workforce for shipbuilding and maritime operations, including with respect to training and the sustainability of the labor force; an examination of the effects of domestic tax, regulatory, and permitting policies on maritime industry investment and innovation; an analysis of the effect of foreign subsidies and competition from State-owned shipbuilding enterprises on the competitiveness of the United States; and recommendations for legislative or administrative actions to— strengthen the United States maritime industrial base; modernize and expand the capacity of shipyards; foster a reliable and skilled maritime labor force; and ensure sufficient shipbuilding capacity to support great power competition and United States sealift requirements. (C)Study on maritime industrial baseThe Commission shall conduct a study on the condition of the United States maritime industrial base, including the capacity of the maritime industrial base to meet national defense requirements and support naval recapitalization. This study shall include—
(i)an evaluation of the strength and capacity of United States shipyards, repair facilities, and supporting infrastructure, including the ability of such shipyards, facilities, and infrastructure to meet current and future Navy and sealift demands; (ii)an assessment of the skilled workforce for shipbuilding and maritime operations, including with respect to training and the sustainability of the labor force;
(iii)an examination of the effects of domestic tax, regulatory, and permitting policies on maritime industry investment and innovation; (iv)an analysis of the effect of foreign subsidies and competition from State-owned shipbuilding enterprises on the competitiveness of the United States; and
(v)recommendations for legislative or administrative actions to— (I)strengthen the United States maritime industrial base;
(II)modernize and expand the capacity of shipyards; (III)foster a reliable and skilled maritime labor force; and
(IV)ensure sufficient shipbuilding capacity to support great power competition and United States sealift requirements..
Section 571
1073. Extension of the National Commission on the Future of the Navy Section 1092(a)(4) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2809), as amended by section 1083 of the Service Member Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended by striking January 15, 2026 and inserting January 15, 2027.
Section 572
1074. Reauthorization of the Servicewomen’s Commemorative Partnership Section 362(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 7771 note prec.) is amended— by striking fiscal year 2021 and inserting fiscal year 2026; and by striking $3,000,000 and inserting $1,000,000.
Section 573
1075. Federal agency support for Afghanistan War Commission Section 1094(f)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by adding at the end the following new subparagraph: The Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the duties of the Commission under this section. In addition to any support provided under clause (i), the head of any other Federal department or agency may provide to the Commission such services, funds, facilities, staff, and other support as the head of such department or agency determines advisable and as may be authorized by law. (D)Services
(i)Department of DefenseThe Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the duties of the Commission under this section. (ii)Other agenciesIn addition to any support provided under clause (i), the head of any other Federal department or agency may provide to the Commission such services, funds, facilities, staff, and other support as the head of such department or agency determines advisable and as may be authorized by law..
Section 574
1076. Provision of contract authority to Afghanistan War Commission Subsection (f) of the Afghanistan War Commission Act of 2021 (section 1094(f) of Public Law 117–81; 135 Stat. 1941) is amended by adding at the end the following new paragraph: To such extent and in such amounts as are provided in appropriation Acts, the Co-Chairpersons of the Commission may enter into contracts to enable the Commission to discharge its duties under this section. (6)Contract authorityTo such extent and in such amounts as are provided in appropriation Acts, the Co-Chairpersons of the Commission may enter into contracts to enable the Commission to discharge its duties under this section..
Section 575
1077. Framework for technology transfer and foreign disclosure policies Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall produce a framework to revise and update the technology transfer policies of the military departments and the National Disclosure Policy. The framework produced pursuant to subsection (a) shall include the following: A comprehensive assessment of policies regarding the transfer of emerging and advanced defense items, including artificial intelligence, directed energy, microwave systems, counter-unmanned aerial systems, missile defense, machine learning, cybersecurity, quantum technologies, hypersonics, autonomous systems, and such other technologies as the Secretary determines appropriate, to enable the transfer of such defense items to allies and partners of the United States. Guidelines for balancing national security considerations with the need to share information and technology with allies and partners of the United States to enhance interoperability and burden sharing. A process to gather, consider, and, as appropriate, incorporate input from industry stakeholders, in accordance with subsection (d), to inform revisions to the technology transfer policies of the military departments and the National Disclosure Policy to enable the transfer of defense items to allies and partners of the United States. Recommendations for updating the technology transfer policies of the military departments and the National Disclosure Policy to accommodate the use of emerging and advanced defense items in multi-domain operations, joint military exercises, and allied operational requirements. Mechanisms to enable the military departments to streamline the approval process for technology transfers. Mechanisms to enhance transparency to ensure the technology transfer policies of each of the military departments are comparable with respect to capability and country release tiers for emerging and advanced defense items. A plan to consolidate technology security and foreign disclosure approvals in accordance with Executive Order 14268, titled Reforming Foreign Defense Sales to Improve Speed and Accountability and dated April 9, 2025. Metrics to evaluate the effectiveness of the technology transfer policies of the military departments and the National Disclosure Policy to enable the transfer of defense items to allies and partners of the United States while ensuring security of United States technology. An annual requirement to conduct an audit of license applications that were denied during the prior year on the basis of technology transfer policies of the military departments or the National Disclosure Policy. A process to implement revisions to the technology transfer policies of the military departments and the National Disclosure Policy in accordance with subsection (c). Not later than one year after the date of the submission of the framework under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall direct the Secretary of each of the military departments to revise the technology transfer policy of that department and the Under Secretary of Defense for Policy to revise the National Disclosure Policy, based on the elements of the framework under subsection (b). At least once every six months, the Secretaries of the military departments and the Under Secretary of Defense for Policy shall consult with such representatives from the defense industry as the Secretaries and Under Secretary consider appropriate, including representatives from nontraditional defense contractors (as such term is defined by section 3014 of title 10, United States Code) in the course of carrying out subsections (a), (b), and (c). 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 containing the framework produced under subsection (a). Not later than one year after the date of the submission of the framework required under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: A description of any actions taken to improve the technology transfer policies of the military departments and the National Disclosure Policy in accordance with the implementation requirements under subsection (c). A description of any actions taken to implement or incorporate industry recommendation into the technology transfer policies of the military departments and the National Disclosure Policy. A summary of any feedback from industry stakeholders with respect to current applications of the technology transfer policies of the military departments and National Disclosure Policy, and a description of any actions taken to address such feedback. The results of an audit of license applications that were denied during the preceding 12-month period on the basis of technology transfer policies of the military departments or the National Disclosure Policy, including sufficient information to confirm that such denials reflected the policy in effect at the time of denial. Any recommendations of the Secretary for legislation necessary to improve technology transfer policies or the National Disclosure Policy. Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.
Section 576
1078. Budgeting and funding requirements for Northern Strike Exercise The Secretary of Defense shall— ensure that the budget and funding for the Northern Strike Exercise are sufficient to effectively carry out the objectives of the Secretary with respect to such exercise; and include, in the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2027 and each subsequent fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), a dedicated budget line item for the implementation of this section. In this section, the term Northern Strike Exercise means a military exercise sponsored by the National Guard Bureau to build readiness and warfighting capabilities for the joint force.
Section 577
1079. Procurement and distribution of sports foods and dietary supplements to members of the Armed Forces assigned to the United States Special Operations Command The Commander of the United States Special Operations Command may authorize— the procurement of sports foods and dietary supplements; and the distribution of such foods and supplements to members of the Armed Forces assigned to the United States Special Operations Command. The Commander of the United States Special Operations Command shall— establish policies for the procurement and distribution of sports foods and dietary supplements under this section; and require that such procurement and distribution is in compliance with— Department of Defense Instruction 6130.06, titled Use of Dietary Supplements in the Department of Defense; and the prohibited dietary supplement ingredients list of the Department. The policies established under paragraph (1) shall provide that— dietary supplements procured or distributed under this section are required to be certified by a non-Department third-party certifying organization that Operation Supplement Safety of the Department has vetted for end-product quality assurance; dietary supplements and sports foods procured or distributed under this section are required to be free of contaminants and ingredients and substances prohibited by the Department (including any ingredients and substances that are synonymous with such prohibited ingredients and substances); sports foods and dietary supplements may only be distributed to members of the Armed Forces— by a credentialed and privileged registered (performance) dietitian or a medical clinician with prescribing authority who is assigned to or supporting the United States Special Operations Command at the operational unit level; and under the guidance and oversight of a primary care sports medicine physician. The procurement and distribution of sports foods and dietary supplements under this section shall be construed to supplement and not supplant— any morale, welfare, or recreation funds or activities otherwise required or available; and any funding made available for, and services provided by, any dining facility of the Department.
Section 578
1080. Pilot program on enhanced use of advanced sensor networks to improve Air Force counter-unmanned aircraft system capabilities for base defense Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Administrator of the Federal Aviation Administration, shall carry out a pilot program, to be known as the Enhancing Cooperation for Counter-Unmanned Aircraft Systems Program, under which the Secretary shall incorporate the use of civilian civil airspace sensor networks into Air Force data processing systems to— improve base defense against small unmanned aircraft systems (in this section referred to as sUAS); inform the development of counter-unmanned aircraft system capabilities that are suitable for use inside the United States and in the National Airspace System; and enhance cooperation with law enforcement, State and local partners, and other Federal departments and agencies to counter domestic threats. The Secretary, in coordination with the Administrator, shall select at least two military installations located in the United States at which to conduct the pilot program. In selecting such military installations, the Secretary shall consider the potential for the Air Force to— access advanced civilian airspace sensor networks; leverage public-private partnerships that enable multi-use of airspace awareness capabilities for public safety, defense of critical infrastructure to include Department of Defense installations, and protection of civil aviation; and minimize the potential for negatively affecting civil aircraft operations in the National Airspace System. The objectives of the pilot program are— to demonstrate the efficacy of shared situational awareness data from civilian sensor networks to military installation defense systems; to provide the Air Force with access to air space awareness data derived from civilian airspace sensor networks to increase the ability of the Air Force to defend bases from the threats posed by sUAS; to determine any authority, capability, and capacity barriers to enhancing cooperation between the Air Force, civilian partners, and other Federal, State, and local government entities to extend the over-the-horizon identification of potential sUAS threats beyond the current range of existing domestic base defense systems; and to improve the data-sharing frameworks for airspace data between the Air Force and various stakeholders for the purpose of base defense. In carrying out the pilot program, the Secretary of the Air Force may enter into one or more contracts for the procurement of additional technologies capable of— leveraging commercial or Government off-the-shelf detect-track-defeat systems; integrating and using civilian airspace awareness data to serve as an early warning capability specifically to help identify and monitor non-compliant sUAS; and informing appropriate communication mechanisms between military installations and local law enforcement agencies to report and track non-compliant air vehicles, deter incursions, and foster potential prosecution. Not later than 90 days after the conclusion of all activities carried out under the pilot program at an installation selected for such program, the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a briefing that includes a description of— the manner in which the program was conducted at such installation; and any results achieved under the program at such installation. The authority to carry out a pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act. The Secretary of the Air Force may request the termination of the pilot program before the date specified in paragraph (1) if the Secretary— determines that administrative, legal, performance, or other factors indicate the program will not be successful; and submits to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate notice in writing of such determination.
Section 579
1081. Pilot program and other requirements for accelerating protection of certain facilities and assets from unmanned aircraft It is the sense of Congress that— Congress granted the Department of Defense extensive counter-UAS authorities under section 1697 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2639); the Department has not adequately responded to publicly reported drone incursions; the Department has consistently returned to request from Congress additional counter-UAS authorities, despite not fully using available counter-UAS authorities and routinely failing to provide to Congress with statutorily required briefings and information on the use and non-use of such available authorities; and there is intense global demand for counter-UAS systems in the inventory of the Department, particularly from the Commander of the United States Central Command and the Commander of the United States Indo-Pacific Command, and the Department will not be able to address domestic counter-UAS requirements without substantial changes in the policies and priorities of the Department. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— develop a plan to ensure that the training of members of the armed forces and officers and civilian employees of the Department, and the sustainment of equipment of the Department, is adequate for purposes of the effective use of authorities under section 130i of title 10, United States Code; and ensure that for each covered facility or asset at which the Secretary has determined counter-UAS operations are necessary to mitigate the threat that an unmanned aircraft system poses to the safety or security of such covered facility or asset— any administrative action required for the effective use of such authorities for the protection of the covered facility or asset not contingent upon action by another Federal department or agency has been completed, including the establishment of appropriate policies for the training of relevant personnel upon the deployment of new counter-UAS systems, annual training, and training for newly assigned personnel; any such training required for the safe or effective use of counter-UAS systems for such protection has been completed; and planning to deploy and sustain systems similar to those procured pursuant to the pilot program under subsection (c) in a manner appropriate for the covered facility or asset has commenced. The Secretary, in coordination with the Administrator as required by section 130i of title 10, United States Code, shall carry out a pilot program for the deployment of covered counter-UAS systems for the protection of certain covered facilities or assets (in this subsection, referred to as the pilot program). Under the pilot program, the Secretary shall— not later than 180 days after the date of the enactment of this Act, select and procure covered counter-UAS systems for deployment for the protection of four covered facilities or assets identified for purposes of the pilot program; and not later than one year after the date of the enactment of this Act, ensure such covered counter-UAS systems are so deployed with respect to each such identified covered facility or asset. The Secretary and the Administrator shall jointly conduct a site-specific suitability assessment for each covered asset or facility identified for purposes of the pilot program to ensure that the operation of a covered counter-UAS system under the pilot program with respect to the covered facility or asset will not result in an adverse impact on aviation safety, including by assessing safe engagement ranges and parameters for target identification and deconfliction. The Secretary shall carry out this section consistent with the requirements of section 130i of title 10, United States Code. Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter until the date on which each requirement under this section is complete, the Secretary, in consultation with the Administrator, shall provide to the congressional defense committees and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the implementation of this section. In this section: The term Administrator means the Administrator of the Federal Aviation Administration. The terms counter-UAS system and small unmanned aircraft have the meanings given those terms in section 44801 of title 49, United States Code. The term covered counter-UAS system means a counter-UAS system that— is capable of destroying or disabling a small unmanned aircraft by means of high-powered microwave, laser, or other similar technology; and may be integrated with appropriate sensing and command-and-control systems. The term covered facility or asset means a facility or asset with respect to which there is authority to carry out section 130i of title 10, United States Code, for the protection of the facility or asset. The term unmanned aircraft has the meaning given such term in section 130i(j) of title 10, United States Code.
Section 580
1082. Counter-unmanned aircraft system readiness The Secretary of Defense, acting through the Director of the Joint Counter Small Unmanned Aircraft Systems Office, shall coordinate with the Secretaries of the military departments to identify differences in the interpretation and application of section 130i of title 10, United States Code, among the military departments, including differences with respect to— interpretations of the term covered facility or asset; the application of modern best practices for counter-unmanned aircraft system to each type of covered facility or asset; and divergent, unrealistic, or unnecessarily limited legal interpretations of the term covered facility or asset. Not later than 180 days after the date of the enactment of this Act, the Director of the Joint Counter Small Unmanned Systems Office shall submit to the congressional defense committees a report that includes a description of each of the following: Differences identified in the application of section 130i of title 10, United States Code, among the military departments. Any resources required to expedite and modernize site evaluations, including electromagnetic spectrum evaluations required for the deployment of counter-unmanned aircraft system defenses and site surveys described in section 1081 of this Act. Suggestions to improve the role of the United States Northern Command as a synchronizing body for homeland counter-unmanned aircraft systems deployed at covered facilities or assets. The plan of the Director to remedy, without change to underlying law, the differences in legal interpretations identified pursuant to subsection (a)(3). The strategy of the Director for retrofitting and modernizing military installations and depots for testing counter-unmanned aircraft systems and an identification of any policy, legal, or regulatory challenges to carrying out such strategy. In this section, the terms covered facility or asset and unmanned aircraft system have the meaning given such terms in section 130i of title 10, United States Code.
Section 581
1083. Pilot program on digital force protection for Special Operations Forces The Commander of the United States Special Operations Command may carry out a pilot program, to be known as the Digital Force Protection Pilot Program, to identify existing vulnerabilities in digital force protection, provide targeted ubiquitous technical surveillance mitigation training, and help identify commercially available secure communication and obfuscation technologies to protect personnel and support overall mission effectiveness. The objectives of a pilot program carried out under subsection (a) are— to increase understanding of existing digital signature and ubiquitous technical surveillance risk for selected Special Operations Forces units and the associated threats to personnel and mission effectiveness that come from digital exposure and adversary tracking; to strengthen digital force protection for the purposes of operational security and strategic deception efforts across all domains of warfare; and to demonstrate digital force protection as a critical enabler of multi-domain operations and the need to ensure Special Operations Forces can operate seamlessly across land, air, sea, space, and cyberspace without adversarial digital exploitation undermining mission success. If the Commander carries out a pilot program under subsection (a), the Commander shall recommend not fewer than two Special Operations Forces units to carry out the pilot program, which may include a command and unit element. In recommending units to participate in the pilot program under paragraph (1), the Commander shall take into consideration— the need to include multiple categories of personnel, including operational support staff, enablers, and contractors to ensure a complete assessment; the readiness status of the units, with an emphasis on providing training to those units most likely to deploy to areas with high likelihood of adversary digital surveillance; and the need for a sufficient sample size, which is approximately a battalion. If the Commander carries out a pilot program under this section, the Commander may enter into a contract for the provision of services to facilitate the pilot program. If the Commander uses such authority to enter into a contract for training or assessment, such training and assessment shall be capable of— conducting multiple realistic ubiquitous technical surveillance training scenarios that are consistent with observed adversarial tactics, techniques, and procedures with exploiting commercially available data against Special Operations Forces units; training key personnel across leadership, operational, and support elements on the threats posed by the commercial data economy and specific skills development to manage digital signatures and mitigate ubiquitous technical surveillance risks; providing advanced training for personnel responsible for highly sensitive activities and missions; evaluating through red cell exercises pilot program participant progress and to ensuring units are prepared for mission-critical operations in ubiquitous technical surveillance-intensive environments; employing commercial technology solutions previously deployed in a mission environment and interoperable with legacy Department of Defense systems, networks, and protocols, including deployment of on-demand global obfuscated networks and identity intelligence and management; assessing ubiquitous technical surveillance and digital force protection holistically across various threat vectors including electronic, travel, financial, online, and physical or visual. If the Commander carries out a pilot program under this section, not later than 90 days after concluding activities under the pilot program, the Commander and the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes— a thorough analysis identifying current capabilities and a description of gaps, deficiencies, or other vulnerabilities, identified by the pilot program; specific recommendations for short-term (1–2 years) and long-term (3–5 years) initiatives to enhance digital force protection across special operations components; an assessment of how enhanced digital force protection measures increase the difficulty, time, and resources required for adversaries to conduct digital surveillance, force tracking, and operational compromise of Special Operations Forces; and a comprehensive list of any additional authorities, appropriations, or other resources necessary to implement the recommended digital force protection tools and practices identified pursuant to the pilot program. In this section: The term digital force protection means the policies, tools, and practices used to protect military personnel, operations, and critical assets from adversarial exploitation of the commercial digital surveillance economy, associated commercial data, and digital footprints. The term commercial digital surveillance economy means the ecosystem of companies and technologies involved in collecting, analyzing, and selling data generated by the interactions of individuals with digital services and devices. The term digital footprint means the data traces left by individuals through the use of digital devices and services that can be exploited to uncover personal information, movement patterns, and other sensitive details. The authority to carry out a pilot program under this section shall terminate on the date that is one year after the date of the enactment of this Act.
Section 582
1084. Pilot program for blockchain-enabled inventory management Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may establish a pilot program under which the Department of Defense shall use commercially available distributed ledger technology to seek to improve inventory management within the Department of Defense. Under the pilot program established under subsection (a), the Secretary shall— assess the feasibility and effectiveness of using distributed ledger technology in improving inventory management; assess the cost savings resulting from the use of distributed ledger technology in inventory management; assess whether the use of distributed ledger technology in inventory management improves the traceability of inventory; assess whether the use of distributed ledger technology in inventory management reduces the risk of waste, fraud, and abuse; and identify and mitigate potential challenges and risks associated with the integration of distributed ledger technology for inventory management, including cybersecurity concerns. 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 House of Representatives and the Senate a report on the activities performed under the pilot program established under subsection (a). The authority to carry out a pilot program under subsection (a) shall terminate on January 1, 2029. In this section: The term distributed ledger means a ledger that— is shared across a set of distributed nodes, which are devices or processes, that participate in a network and store a complete or partial replica of the ledger; is synchronized between the nodes; and has data appended to it by following a specified consensus mechanism. The term distributed ledger technology means technology that enables the operation and use of distributed ledgers.
Section 583
1085. Acceleration of accreditation and access to sensitive compartmented information facilities for industry Not later than 180 days after enactment of this act, the Secretary of Defense, in consultation with other appropriate departments and agencies of the Federal Government, shall submit to the congressional defense committees a plan to accelerate the accreditation, construction, and operational use of commercial sensitive compartmented information facilities accessible to private-sector entities in support of national security innovation, manufacturing, and mission-critical classified activities. The plan required by subsection (a) shall include the following: Recommendation of policies to authorize the parallel processing of construction security plans, construction, and information technology deployment to reduce accreditation and approval timelines. An assessment of the feasibility of adopting architecture and construction templates to allow for shortening or eliminating portions of the construction security plan review and approval process. An evaluation of current policies regarding the use of mobile Secret Internet Protocol Router Network and Joint Worldwide Intelligence Communications System systems within accredited contractor sensitive compartmented information facilities, including a review of Chairman of the Joint Chiefs of Staff Instruction 6211.02D. An assessment of the feasibility of delegating the authority to review construction security plans and associated 30, 60, and 90 percent technical drawings to appropriately trained sponsor-approved personnel within the Armed Forces, subject to applicable security standards and oversight. A proposal to designate shared commercial classified facilities as valid places to work for all types of classified work authorized by the Department of Defense. A proposal to develop and establish a secure, centralized, digital platform for the management of sensitive compartmented information facility lifecycle processes, including— submission and tracking of construction security plans, requests for information, fixed facility checklists, and co-use authorizations; and utilization of artificial intelligence and machine-learning tools for construction security plan validation, interagency compliance, and document version control. A list of any additional authorities, appropriations, or other resources necessary to implement the plan required by this section.
Section 584
1086. Standardization of data analysis and visualization across the Department of Defense Not later than 365 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that each of the military departments adopts a set of standard data analysis and data visualization for the collection, management, analysis, visualization, and reporting of data related to harmful behaviors. Such required data analysis and visualization standards shall be designed to— enable commanders at all levels of command to receive timely, actionable data with consistent metrics, data visualization, and presentation formats; support location, identify patterns over time, and track changes or trends in harmful behavior; and if the Secretary establishes a working group under subsection (b), comply with other standards and best practices identified by the working group. The Secretary of Defense may establish a working group composed of representatives from each military department. If the Secretary establishes a working group under this subsection, the working group shall— review existing harmful behavior data management systems, methods of data collection, management, analysis, reporting, and forms of data visualization used across the military departments; identify and share best practices for data collection, management, analysis, visualization, and reporting to improve consistency, effectiveness, and usability across the Department of Defense; and assess which data elements are not currently captured in existing harmful behavior data management systems of record and would benefit from inclusion. If the Secretary establishes a working group under this subsection, the Secretary shall establish the working group by not later than 180 days after the date of the enactment of this Act. The Secretary may promote the on-site installation evaluation resilience index summary application for wider use by the military departments, in addition to the systems to address harmful behavior in use by the military departments as of the date of the enactment of this Act. Not later than 365 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing and submit a report to the Committees on Armed Services of the Senate and the House of Representatives on— the status of the implementation of the standard features required under subsection (a); if the Secretary establishes a working group under subsection (b), the findings and recommendations of the working group; and the status of implementing the promotion of the on-site installation evaluation resilience index summary application under subsection (c). In this section: The term data collection means the capability to gather user-generated data through system interfaces, with designated required and optional fields, that is saved to the system’s dataset through structured workflows. The term data visualization means the manner in which information is presented within a data management system, including the graphical representation of data to improve clarity, comprehension, analysis, and decision-making by users.
Section 585
1087. Process for complaints and investigations of transportation service providers and transportation officers The Commander of the Military Surface Deployment and Distribution Command shall develop a process through which a transportation service provider may submit a complaint to the Commander regarding possible violations of the Military Freight Traffic Unified Rules Publication or the Defense Transportation Regulations by Department of Defense transportation officers and transportation service providers regarding any military shipments that are required to be processed by the Global Freight Management System. The complaint process required under paragraph (1) shall include each of the following: An identification of the information the complainant should provide as part of a complaint to assist the Commander in reviewing and investigating the complaint, including references to the rules that were allegedly violated. A timeline for the adjudication of the complaint and rendering of an initial finding by an individual designated by the Commander. A process for any party to appeal the initial finding if the party believes the initial finding is incorrect, a timeline for the review of the appeal, and a timeline for the Commander to render a final decision. Such other elements as the Commander determines appropriate. If, pursuant to a complaint submitted through the complaint process under this section, a transportation officer or transportation service provider is found to have violated the Military Freight Traffic Unified Rules Publication or the Defense Transportation Regulations, the Commander shall impose a penalty in accordance with the Military Freight Traffic Unified Rules Publication and the Defense Transportation Regulations and, if applicable, work with the transportation officer or transportation service provider to take corrective action. The Commander shall establish a timely process through which a transportation service provider may notify the Military Surface Deployment and Distribution Command of any action a transportation officer imposes against a transportation service provider, such as a letter of non-use, if the transportation service provider believes that such action was improper, excessive, or not in accordance with the Military Freight Traffic Unified Rules Publication or Defense Transportation Regulations. The Commander may override any action taken by a transportation officer against a transportation service provider if the Commander believes such action was improper, excessive, or not in accordance with the Military Freight Traffic Unified Rules Publication or Defense Transportation Regulations. The authority under this subparagraph includes revoking a letter of non-use, reducing the duration of a letter of non-use, and removing any service failure from the record of the transportation service provider. The Commander of the Military Surface Deployment and Distribution Command shall provide recurring training to all transportation officers and transportation service providers that use the Global Freight Management System to process and award Department of Defense shipments. Such training shall include— detailed instruction on the Military Freight Traffic Unified Rules Publication and Defense Transportation Regulations; best practices for processing and awarding shipments in the Global Freight Management system; the importance of awarding shipments transparently and in accordance with Department of Defense policies; and such other information as the Commander determines appropriate. The Commander of the Military Surface Deployment and Distribution Command shall update the freight carrier registration program to ensure that users of the program, including Department of Defense personnel and transportation service providers, are able to easily determine if a standard carrier alpha code belongs to a motor carrier or broker. Not less frequently than annually, the Commander shall conduct an audit of the freight carrier registration program to ensure that all approved transportation service providers have active and appropriate operating authority from the Department of Transportation.
Section 586
1088. Construction of 9/11 Pentagon Memorial Visitor Education Center The Secretary of Defense is authorized to construct a visitor education center near the 9/11 Pentagon Memorial in Arlington National Cemetery, Virginia, in order to better inform and educate the public about the terrorist attack on the Pentagon on September 11, 2001, the lives lost during the attack, the historic significance of the 9/11 Pentagon Memorial site, and how the United States responded and moved forward following the attack. The Secretary is authorized to designate an appropriate non-government organization or non-profit organization to complete the visitors education center on behalf of the Secretary. The Secretary of Defense, acting through the Director of Washington Headquarters Services, may make a grant, including a supplemental grant, to, or may enter into a cooperative agreement with, a non-government organization or non-profit organization designated under subsection (a), for the purpose of providing assistance with constructing the visitor education center authorized under such subsection.
Section 587
1089. Prohibition on use of live animals in trauma training Beginning on the date of the enactment of this Act, live animals, including dogs, cats, nonhuman primates, and marine mammals— may not used in live fire trauma training; and to the extent necessary, shall be replaced with advanced simulators, mannequins, cadavers, or actors.
Section 588
1090. Virtual reality technology pilot program Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall establish a pilot program under which the Department of the Air Force (including the Space Force) shall use virtual reality technology and natural language processing for the purposes of data collection and proficiency measurement (in this section referred to as the pilot program). Training under the pilot program shall re-enforce existing frameworks of prevention, such as the methodology known as Ask, Care, Excort or ACE, assisting unit commanders in identifying areas for improvement. It is the sense of Congress that the Air Force currently uses virtual reality technology in many training areas which will help control the costs associated with the pilot program. Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a report on the results of the data gathered during the pilot program. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for Air Force, Operations and Maintenance, Operating Forces, Medical Readiness, Line 140, is hereby increased by $9,000,000. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for Army, Operation and Maintenance, Line 460, is hereby reduced by $9,000,000.
Section 589
1091. Expeditious disclosure of records relating to Tower 22 attack The Secretary of Defense shall expeditiously disclose of all records relating to the January 28, 2024, attack on Tower 22 in Jordan.
Section 590
1092. Updates and preservation of memorials to chaplains at Arlington National Cemetery The Secretary of the Army shall permit NCMAF— to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial; to provide an updated bronze plaque that includes the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and to make such other updates and corrections to the memorial that the Secretary determines necessary. The Secretary of the Army shall permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that the Secretary determines necessary. The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government. NCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served. Except as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act. In this section: The term Chaplains Hill means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill. The term NCMAF means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section.
Section 591
1093. Critical infrastructure compatibility tabletop exercise Not later than one year after the date of the enactment of this Act, the Director of the Office of Local Defense Community Cooperation shall conduct a tabletop exercise designed to assess the resiliency of United States military installations and their surrounding communal capabilities to collaboratively confront weather disasters or adversarial threats made against the United States homeland. Tabletop exercises under this section shall be designed to— be planned and executed in a fully distributed, virtual format to ensure participation across geographically-dispersed organizations; involve trusted agents from installations and other stakeholders in a deliberate and methodical exercise planning process to address the critical tasks necessary to maintain military mission assurance; integrate policies, procedures, capabilities, and appropriate authorities to ensure mission assurance during and after cybersecurity events involving intelligent energy control systems, traffic control systems, and incident response systems; provide immediate access to exercise data for after action analysis and reporting; and include as participating organizations appropriate municipal, county, State, and national government entities, and public and private critical infrastructure service providers such as energy, water, wastewater, transportation, and communications, and others as appropriate. A tabletop exercise required under subsection (a) shall be designed to evaluate, at a minimum, the following elements: The resilience of community critical infrastructure to enhance, advance, and supplant that of surrounding military installations in the event of attacks upon military critical infrastructure. The ability of a military installation, in cooperation with community leadership, to coordinate efforts and operationalize available infrastructure and resources presented by defense communities in the area surrounding the military installation. State and Federal Government response options to ensure the viability of domestic critical infrastructure in the event of a long duration, widespread event. An assessment of the mobility of the United States Armed Forces from their installations in the event of an attack upon critical infrastructure and logistical chokepoints. The resiliency of United States military joint-all domain command and control to withstand attacks and— the ability of community assets to supplant partial or complete loss of command and control; and local, State, and Federal Government responses to partial or complete loss of such infrastructure. The importance of nonmilitary actions, including economic and financial measures, by the United States to prepare for, deter and, if necessary, respond to a contingency. In carrying out this section, the Director shall consult with the Secretaries of each of the military departments and the heads of appropriate Federal departments and agencies, as the Director determines appropriate. A tabletop exercise required under subsection (a) shall be conducted at a location selected by the Director that is advantageous to studying cooperative efforts between military installations and the local communities. A tabletop exercise required under this section shall be prepared by appropriate personnel from the Office of Local Defense Community Cooperation, in cooperation with the Armed Forces. The participants in a tabletop exercise required under this section may include appropriate personnel of— the Department of the Defense; the military departments; the United States Northern Command; appropriate State agencies; relevant community installations; relevant think-tanks of the United States; and such other entities as the Director determines appropriate. Following the conclusion of the tabletop exercise required under subsection (a), the Director shall submit to the appropriate congressional committees a report, an provide to such committees a briefing, on the exercise. The report required under paragraph (1) shall include— an assessment of the decision-making, capability, and response gaps observed in the tabletop exercise; recommendations to improve the resiliency of, and reduce vulnerabilities in, the domestic critical infrastructure of the United States in the event of a military contingency; means to encourage collaboration and coordination between military installations and defense communities, including— resource planning; operational effects on land and airspace; legislative initiatives; housing availability; frequency spectrum capacity; the use and preservation of scarce natural resources; water quality and quantity; anti-terrorism and force protection; reducing dust, smoke, and steam elements; energy development projects; frequency spectrum enablers and enhancers; shared roadway capacity; and protecting the health and safety of nearby residents and workers; recommendations to enhance cooperation between military installations and local communities that promotes comprehensive community planning with attention to operational resiliency; and means to integrate the development policies, plans, and regulations of local jurisdictions and land management agencies with the plans of military installations. In this section: The term appropriate congressional committees means— the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Oversight and Accountability of the House of Representatives; and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Committee on Homeland Security and Government Affairs of the Senate. The term tabletop exercise means an activity— in which key personnel assigned high level roles and responsibilities are gathered to deliberate various simulated emergency or rapid response situations; and that is designed to be used to assess the adequacy of plans, policies, procedures, training, resources, and relationships or agreements that guide prevention of, response to, and recovery from a defined event.
Section 592
1094. Defense critical infrastructure protection interagency review Congress finds the following: Defense critical infrastructure, encompassing cyber and physical assets, is essential to national security and military readiness but faces growing threats from adversaries. Effective interagency coordination is vital to protect this infrastructure. The Department of Defense plays a key role in safeguarding critical infrastructure, but its efforts must align with broader Federal and private sector initiatives. It is the sense of Congress that strengthening interagency coordination, and coordination between the administration and the private sector is critical to securing defense-related infrastructure against emerging threats. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security, the Director of National Intelligence, and heads of other relevant departments or agencies of the Federal Government, shall conduct a comprehensive review of interagency coordination mechanisms for the protection of defense critical infrastructure. The review under paragraph (1) shall, at a minimum— assess the effectiveness of existing frameworks for information sharing, threat response, and risk mitigation among departments or agencies of the Federal Government, State and local governments, and private sector partners; identify gaps and inefficiencies in interagency efforts to safeguard cyber and physical infrastructure critical to national security; evaluate the integration of the Defense Information Assurance Program established by section 2224 of title 10, United States Code, with broader critical infrastructure protection initiatives; evaluate mission assurance cybersecurity priorities and determine whether the existing list of critical cyber missions, capabilities, functions, systems, and supporting assets is comprehensive; include any updates to guidance on replacing the Defense Infrastructure Sector Lead Agent and reevaluate the sectors it includes as part of defense critical infrastructure; and provide recommendations for improving collaboration, reducing bureaucratic obstacles, and enhancing the resilience of defense-related infrastructure. The Secretary of Defense shall concurrently assess the implementation by the Department of the following responsibilities: Ensuring proper classification and safeguarding of critical infrastructure security information from public disclosure pursuant to section 130e of title 10, United States Code. Assessing the role of the Department in ensuring the reliability and security of infrastructure vital to defense and national security pursuant to section 1016 of the USA PATRIOT Act (42 U.S.C. 5195c). Ensuring Department of Defense compliance with information protection standards under the Critical Infrastructure Information Act of 2002 (6 U.S.C. 671 et seq.) and part 29 of title 6, Code of Federal Regulations. Assessing Department of Defense oversight of cybersecurity requirements for contractors handling covered defense information pursuant to sections 252.204–7012 of the Defense Federal Acquisition Regulation Supplement. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees, detailing— findings of the interagency coordination review; recommendations to enhance Department of Defense-led critical infrastructure protection efforts; proposed policy or regulatory changes to improve national defense infrastructure security and cyber resilience; and recommendations for legislative or regulatory action, if necessary, to strengthen interagency cooperation and Department of Defense implementation of critical infrastructure protection mandates. The report under paragraph (1) shall be submitted in an unclassified form but may contain a classified annex. Not later than 180 days after the date on which the Secretary submits the report under subsection (e), the Comptroller General of the United States shall submit to the congressional defense committees a report on the Department of Defense’s implementation of the review under subsection (c) and an assessment of the recommendations under subsection (e). The report under paragraph (1) shall be submitted in an unclassified form but may contain a classified annex.
Section 593
1101. Living quarter allowance for Department of Defense civilian employees with permanent duty station in Guam Section 1102 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended— in the section heading, by striking 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 and inserting civilian employees of the Department of Defense stationed in Guam; in subsection (a), by striking Secretary of the Navy and inserting Secretary of Defense; and by striking subsection (b) and inserting the following: In this section, the term covered employee means any civilian employee of the Department of Defense whose permanent duty station is located in Guam. (b)Covered employee definedIn this section, the term covered employee means any civilian employee of the Department of Defense whose permanent duty station is located in Guam. .
Section 594
1102. Appointment of retired members of the armed forces to competitive service and excepted service positions in the Department of Defense Section 3326 of title 5, United States Code, is amended— in the section heading, by inserting certain before positions; and in subsection (b)— in the matter preceding paragraph (1), by striking the civil service and inserting the competitive service or the excepted service; and in paragraph (1), by striking for the purpose and all that follows through Management. The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting certain before positions.
Section 595
1103. Pay for crews of vessels Section 5348 of title 5, United States Code, is amended— in subsection (a), by adding before the period at the end the following: , not to exceed the rate of pay for the Vice President under section 104 of title 3; and by adding at the end the following: The limitation on pay under section 5307 shall not apply to an employee whose pay is fixed under subsection (a). (c)The limitation on pay under section 5307 shall not apply to an employee whose pay is fixed under subsection (a). .
Section 596
1104. Exception to limitation on rate of basic pay for crews of vessels Section 5373 of title 5, United States Code, is amended by adding at the end the following: Subsection (a) shall not apply to the authority of the Secretary of Defense or the Secretary of a military department to fix the annual rate of basic pay of officers and crews of vessels as is consistent with the public interest and in accordance with the prevailing rates and practices in the commercial maritime industry, except that the annual rate of basic pay of such an employee may not be fixed at a rate greater than the annual rate of the salary of the Vice President under section 104 of title 3. (c)Subsection (a) shall not apply to the authority of the Secretary of Defense or the Secretary of a military department to fix the annual rate of basic pay of officers and crews of vessels as is consistent with the public interest and in accordance with the prevailing rates and practices in the commercial maritime industry, except that the annual rate of basic pay of such an employee may not be fixed at a rate greater than the annual rate of the salary of the Vice President under section 104 of title 3. .
Section 597
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 1104 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2087), is further amended by striking through 2025 and inserting through 2026.
Section 598
1106. 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 1105 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2088), is further amended by striking 2026 and inserting 2027.
Section 599
1107. Defense workforce integration Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries concerned shall establish a pathway for medically disqualified entry-level service members to enter civilian positions for which they are qualified in the Department of Defense or any of its components. The Air Force's Develop, Redistribute, Improve, Vault, Expose (DRIVE) program shall be considered sufficient to meet the requirements of paragraph (1) and may, but need not, serve as a baseline from which the other military departments design their programs. In this subsection, the term entry-level service member means a regular or reserve member of the Armed Forces who is currently attending or has military orders to attend within 90 days— basic training; a technical school of the Armed Forces; a service academy; the Reserve Officer Training Corps (ROTC); an officer accession program, including officer candidate school, officer training school, officer development school, or equivalent program. Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall establish and implement a program to provide individuals who are not medically qualified for military service with information on employment opportunities in the defense industrial base or other employment opportunities in support of the national interests of the United States. The program established under subsection (a) shall inform and refer persons described in subsection (a) to employment, apprenticeship, and training opportunities in— the defense industrial base, including the maritime and shipbuilding industries; cybersecurity or intelligence support roles; research and development in defense technologies; national emergency and disaster preparedness; or any other non-military opportunity the Secretary considers in the national interests of the United States. The Secretary of Defense shall consult with entities in the defense industrial base, other Federal agencies, and academic institutions to carry out this section. The Secretary of the Navy shall provide information about career opportunities at Military Sealift Command and workforce training programs for shipbuilders to all Navy personnel as part of the Transition Assistance Program process. 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 describing implementation of the requirements under subsections (a) and (c) of this section and section 996 of title 10, United States Code, as added by subsection (b) of this section. 996.Provision of information on career opportunities in the defense industrial base to persons medically disqualified for military service (a)EstablishmentThe Secretary of Defense shall establish and implement a program to provide individuals who are not medically qualified for military service with information on employment opportunities in the defense industrial base or other employment opportunities in support of the national interests of the United States.
(b)ProgramThe program established under subsection (a) shall inform and refer persons described in subsection (a) to employment, apprenticeship, and training opportunities in— (1)the defense industrial base, including the maritime and shipbuilding industries;
(2)cybersecurity or intelligence support roles; (3)research and development in defense technologies;
(4)national emergency and disaster preparedness; or (5)any other non-military opportunity the Secretary considers in the national interests of the United States.
(c)CollaborationThe Secretary of Defense shall consult with entities in the defense industrial base, other Federal agencies, and academic institutions to carry out this section..
Section 600
996. Provision of information on career opportunities in the defense industrial base to persons medically disqualified for military service The Secretary of Defense shall establish and implement a program to provide individuals who are not medically qualified for military service with information on employment opportunities in the defense industrial base or other employment opportunities in support of the national interests of the United States. The program established under subsection (a) shall inform and refer persons described in subsection (a) to employment, apprenticeship, and training opportunities in— the defense industrial base, including the maritime and shipbuilding industries; cybersecurity or intelligence support roles; research and development in defense technologies; national emergency and disaster preparedness; or any other non-military opportunity the Secretary considers in the national interests of the United States. The Secretary of Defense shall consult with entities in the defense industrial base, other Federal agencies, and academic institutions to carry out this section.
Section 601
1108. Modifications to total force management requirements Not later than 30 days after the date of the enactment of this Act, the Office of the Secretary of Defense shall, in consultation with each Secretary of a military department, provide guidance to each such Secretary on the analysis required under subsection (b) of section 129a of title 10, United States Code. Such guidance shall include defining the seven required elements of the analysis under such subsection, on either a Department-wide or component level. Such section 129a is amended in subsection (b) by inserting after full-time equivalent levels the following: , or conduct any reductions or realignments that occur outside the normal programming process (including ad hoc, immediate, or unprogrammed changes) of 50 employees or more implemented before or after the submission of the annual budget request,. Such section 129a is amended by adding at the end the following: Not later than 1 year after the date of the enactment of this subsection and annually thereafter, the Secretary of Defense shall submit a report to the congressional defense committees containing the analysis conducted pursuant to subsection (b). Section 1597(d) of title 10, United States Code, is amended— in the subsection heading, by inserting or significant after involuntary; by striking or furlough of and inserting furlough, or significant reduction of over 50; and by adding after the period at the end the following: The Secretary shall notify the congressional defense committees and each Member of Congress representing the area in which reductions are ordered. Such notification shall include billet, activity name, number of employees at the location, number of employees involuntarily separated by billet, reason for the personnel action, actions to mitigate reductions, and savings and costs.. Not later than 60 days after the date of the enactment of this Act, the Office of the Secretary of Defense shall provide the congressional defense committees with a briefing on the following: The implementation of subsection (a) of this section. Efforts to update DOD Directive 1100.4 and DOD Instruction 1100.22 to address the analysis required under subsection (b) of such section 129a, as amended by this section. (h)Report to congressional defense committeesNot later than 1 year after the date of the enactment of this subsection and annually thereafter, the Secretary of Defense shall submit a report to the congressional defense committees containing the analysis conducted pursuant to subsection (b)..
Section 602
1109. Exemption from civilian hiring freeze for delayed DOD appointments due to active duty The hiring freeze implemented by the Presidential Memorandum issued on January 20, 2025, titled Hiring Freeze, or any extension of such Memorandum or freeze, shall not apply to any individual who received a final job offer before January 20, 2025, with respect to a position within the Department of Defense but did not occupy such position solely as a result of such individual performing active service (as that term is defined in section 101 of title 10, United States Code) as a member of the Armed Forces. This section shall not be construed to confer any right or benefit to any individual, or require the Department of Defense to hire any individual if the applicable position no longer exists, unless otherwise required by law.
Section 603
1110. Limitation on use of funds to limit collective bargaining None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2026 may be used to implement Executive Order 14251, issued on March 27, 2025, relating to Exclusions from Federal labor management relations programs, or any following policy or guidance.
Section 604
1111. Personnel actions against DOD SES career appointees The head of any element of the Department of Defense may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a career appointee at the element if the head determines that the documented misconduct or performance of the career appointee warrants such action. If a head removes an individual under paragraph (1), the head may remove the individual from the civil service. An individual who is the subject of an action under subsection (a)— is entitled to advance notice of the action and a file containing all evidence in support of the proposed action; may be represented by an attorney or other representative of the covered individual’s choice; and may grieve the action in accordance with an independent grievance process that the Secretaries of the military departments shall establish for purposes of this subsection. The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days. The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days. A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor. The Secretaries shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days. The applicable Secretary may waive the requirements of subparagraphs (A) through (D) if the Secretary for good cause determines such waiver is in the interests of due process. A decision under paragraph (2) that is not grieved, and a grievance decision under such subparagraph, shall be final and conclusive, except as provided in paragraph (4). An individual may appeal a final decision under paragraph (3) to the Merit Systems Protection Board. The Board shall, within 120 days of the filing of the appeal, decide the appealable action in accordance with the Board's appellate procedures under section 7701 of title 5, United States Code, and this section. Section 3592(b)(1) of title 5, United States Code, and the procedures under section 7543(b) of such title shall apply to an action under paragraph (1) unless otherwise provided by this section. This section and the authority under this section shall terminate on September 30, 2030. In this section— the term career appointee has the meaning given that term in section 3132(a) of title 5, United States Code. the term civil service has the meaning given that term in section 2101 of such title 5; and the term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
Section 605
1112. Study on locality pay Department of Defense employees The Secretary of Defense, in consultation with the Director of the Office of Personnel Management, shall conduct a study on locality pay Department of Defense employees, including locality pay under subchapter I of chapter 53 of title 5, United States Code. Such study shall include the following: A review of current methodologies used to determine locality pay adjustments and their alignment with actual cost of living and labor market data. An evaluation of regional disparities that impact recruitment and retention of Federal employees in defense-related roles. Consideration of alternative models, including adjustments based on broader economic indicators, private-sector wage comparisons, and regional housing market trends. Recommendations for legislative or administrative changes necessary to improve the accuracy, fairness, and effectiveness of locality pay adjustments. Not later than April 1, 2026, the Secretary shall submit to Congress a report on the study conducted under subsection (a).
Section 606
1113. Feasibility study on Department of Defense civilians forward deployed into combat zones and toxic exposure The Secretary of Defense shall conduct a feasibility study regarding the number of Department of Defense civilian employees who are forward deployed into designated combat zones and who may have been exposed to toxic substances as a result of their service. The study shall include, at a minimum, the following: The number of Department of Defense civilian employees currently forward deployed into combat zones, disaggregated by region and occupational specialty. Historical data, to the extent practicable, on the number of such civilians deployed over the past 20 years. The extent and nature of potential toxic exposures to Department of Defense civilians deployed into combat zones, including exposure to— open-air burn pits; contaminated water supplies; airborne particulates; or industrial or chemical hazards associated with local environments; and other environmental or occupational toxins. The current benefits, entitlements, and protections available to such civilians in cases of toxic exposure, including— health care benefits and eligibility; hazard pay and deployment allowances; workers’ compensation and other occupational insurance coverages; eligibility for Department of Labor’s Office of Workers’ Compensation Programs; and eligibility for Department of Veterans Affairs programs (if any). A comparison of benefits and entitlements provided to forward-deployed Department of Defense civilians with those provided to members of the Armed Forces for toxic exposure and related health conditions. Identification of any gaps, limitations, or inconsistencies in coverage or protections between military personnel and civilian personnel. The process by which Department of Defense civilians are informed of potential toxic exposure risks prior to deployment, and any post-deployment medical monitoring or surveillance programs available. Data on claims submitted by Department of Defense civilians for toxic exposure-related illnesses, including approval and denial rates, and average time to adjudicate such claims. The extent to which contractors performing Department of Defense missions are covered by similar or different protections compared to direct-hire civilians. Recommendations for potential legislative or regulatory actions to better protect Department of Defense civilians from toxic exposures while forward deployed, and to ensure adequate long-term health care and compensation for those affected. 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 required under subsection (a).
Section 607
1114. Definition of defense industrial base facility for purposes of direct hire authority Section 1125(c) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114–328) is amended by inserting and includes supporting units of a facility at an installation or base after United States.
Section 608
1115. Payment of retention bonuses to DOD civilian employees in Guam Chapter 81 of title 10, United States Code, is amended by inserting after section 1599d the following (and conforming the table of contents for such chapter accordingly): Notwithstanding subsection (f) of section 5754 of title 5, the Secretary of Defense or Secretary of a military department may waive the limit established under subsection (e)(1) of such section and pay an otherwise eligible employee or category of employees in the territory of Guam retention bonuses of up to 50 percent of basic pay, based on a critical agency need. 1599e.Payment of retention bonuses to DOD civilian employees in Guam.Notwithstanding subsection (f) of section 5754 of title 5, the Secretary of Defense or Secretary of a military department may waive the limit established under subsection (e)(1) of such section and pay an otherwise eligible employee or category of employees in the territory of Guam retention bonuses of up to 50 percent of basic pay, based on a critical agency need. .
Section 609
1599e. Payment of retention bonuses to DOD civilian employees in Guam. Notwithstanding subsection (f) of section 5754 of title 5, the Secretary of Defense or Secretary of a military department may waive the limit established under subsection (e)(1) of such section and pay an otherwise eligible employee or category of employees in the territory of Guam retention bonuses of up to 50 percent of basic pay, based on a critical agency need.
Section 610
1116. DOD prevailing rate employee pay increase Beginning on the first day of the first pay period beginning on or after the date of the enactment of this Act, the rate of pay for any employee of the Department of Defense who is a prevailing rate employee (as that term is defined in section 5342(a)(2)(A) of title 5, United States Code) shall be increased by the percentage allowed by operation of section 737 of the Further Consolidated Appropriations Act, 2024, as extended by division A of the American Relief Act, 2025. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees on actions taken to resolve delays in increasing the rates of pay for such employees, the status of the Department of Defense Wage Committee, and any recommendations for preventing future interruptions to wage increases for such employees.
Section 611
1121. Short title This subtitle may be cited as the Defense Hiring Modernization Act of 2025.
Section 612
1122. Amendments to title 5, United States Code Section 3301 of title 5, United States Code, is amended— by striking The President and inserting (a) In general.—The President; and by adding at the end the following new subsection: The President may authorize the Department of Defense to determine the qualification, examination, and assessment procedures for positions in the competitive service based primarily on job-related competencies and skills, including the use of structured interviews, technical evaluations, or skills-based assessments, and alternative assessments. Section 3327 of title 5, United States Code, is amended by adding at the end the following: The Office of Personnel Management may authorize the Department of Defense to use flexible outreach methods, including curated prospect sourcing, provided that all hiring opportunities remain publicly accessible and merit-based. Section 3361 of title 5, United States Code, is amended— by striking An individual and inserting (a) In general.—An individual; and by adding at the end the following: Promotions in the competitive service within the Department of Defense may be made based on demonstrated skills and qualifications without regard to minimum time-in-grade requirements, subject to agency policies and applicable merit system principles. Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following (and conforming the table of sections at the beginning of such subchapter accordingly): The Department of Defense may share certificates of eligibles and curated prospect pools within the Department. Certificates issued under this authority shall remain valid for not less than one year from the date of issuance, subject to agency-specific qualification checks. The Department of Defense shall use validated structured interviews, technical evaluations, or other skills-based assessments as part of the hiring process for competitive service positions at the Department, in accordance with regulations prescribed by the Office of Personnel Management. Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees on the impact of this subtitle and the amendments made by this subtitle on hiring at the Department of Defense. Such report shall include an analysis on the impact on the length of the hiring process, the quality of applicants, the useability of the system for applicants and the Department, the total number of individuals appointed through alternative job postings, the total number of individuals appointed from a shared applicant pool, and any identified challenges to hiring. (b)DOD proceduresThe President may authorize the Department of Defense to determine the qualification, examination, and assessment procedures for positions in the competitive service based primarily on job-related competencies and skills, including the use of structured interviews, technical evaluations, or skills-based assessments, and alternative assessments.. (c)The Office of Personnel Management may authorize the Department of Defense to use flexible outreach methods, including curated prospect sourcing, provided that all hiring opportunities remain publicly accessible and merit-based.. (b)DOD promotionsPromotions in the competitive service within the Department of Defense may be made based on demonstrated skills and qualifications without regard to minimum time-in-grade requirements, subject to agency policies and applicable merit system principles.. 3330g.DOD use of shared talent pools and structured assessments
(a)Shared talent poolsThe Department of Defense may share certificates of eligibles and curated prospect pools within the Department. Certificates issued under this authority shall remain valid for not less than one year from the date of issuance, subject to agency-specific qualification checks. (b)Structured assessmentsThe Department of Defense shall use validated structured interviews, technical evaluations, or other skills-based assessments as part of the hiring process for competitive service positions at the Department, in accordance with regulations prescribed by the Office of Personnel Management..
Section 613
3330g. DOD use of shared talent pools and structured assessments The Department of Defense may share certificates of eligibles and curated prospect pools within the Department. Certificates issued under this authority shall remain valid for not less than one year from the date of issuance, subject to agency-specific qualification checks. The Department of Defense shall use validated structured interviews, technical evaluations, or other skills-based assessments as part of the hiring process for competitive service positions at the Department, in accordance with regulations prescribed by the Office of Personnel Management.
Section 614
1201. Authority to build capacity for space domain awareness Section 333(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: Space domain awareness. (10)Space domain awareness..
Section 615
1202. Modification of authority to build capacity of foreign security forces Subsection (g)(2) of section 333 of title 10, United States Code, is amended by striking made after Amounts.
Section 616
1203. Modifications to Irregular Warfare Center and Regional Defense Fellowship Program Section 345 of title 10, United States Code, is amended as follows: In the matter preceding subparagraph (A) of subsection (a)(1), by striking may and inserting shall. In subsection (c)(4)(B), by striking The Director of the Defense Security Cooperation Agency and inserting The Commander of United States Special Operations Command, reporting directly to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict,.
Section 617
1204. Modification of public reporting of Chinese military companies operating in the United States Section 1260H(g)(2)(B)(i)(I) 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 before ; or the following: “operating inside or outside of China”.
Section 618
1205. Research, development, test, and evaluation of emerging technologies to further the warfighting capabilities of the United States and certain partner countries It is the policy of the United States to support and encourage further defense collaboration with Israel in areas of emerging technologies capable of enabling the warfighting capabilities of both the United States and Israel to meet emerging defense challenges, including in the areas of artificial intelligence, cybersecurity, robotics, quantum, and automation. The Secretary of Defense, upon request by the Ministry of Defense of a covered partner country and in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence, is authorized to carry out, jointly with the covered partner country, research, development, test, and evaluation of emerging technologies to further the warfare capabilities of the United States and the covered partner country to meet emerging defense challenges, including in the areas of artificial intelligence, cybersecurity, robotics, quantum, and automation. Any activity carried out pursuant to the authority of subsection (b) shall be conducted in a manner that robustly protects sensitive information and the national security interests of the United States and the covered partner country. Any activity authorized under subsection (b), including fundamental research, open source, and standards-related activities, for the development, production, or use of goods, technology, software, knowledge, or source code shall be subject to— the Export Administration Regulations under subchapter C of title 15, Code of Federal Regulations; and all other laws applicable to the control of arms exports. None of the activities described in subsection (b) may be carried out with respect to a covered partner country until the date on which the Secretary of Defense, in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence submits to the appropriate congressional committees a report with respect to that partner country that includes the following: A memorandum of agreement between the United States and the covered partner country regarding sharing of costs and security safeguards for the activities described in subsection (b), and any supporting documents. A certification that such memorandum of agreement— requires sharing of costs of the activities and security safeguards described in subsection (b), including in-kind support, between the United States and the covered partner country; establishes the rights of the United States to any intellectual property developed under the memorandum of agreement; requires the United States Government to receive semiannual reports on expenditure of funds, if any, by the government of the covered partner country, including— a description of what the funds have been used for; a description of when funds were expended; an identification of entities that expended the funds; and the export control regimes in place in the covered partner country to protect sensitive technology, including related intellectual property and innovation efforts; and includes robust safeguards against the ability of the People’s Republic of China or other foreign adversaries of the United States from, directly or indirectly, accessing, acquiring, or benefitting from any potential innovation, technology, research, product, or application funded, produced, or utilized by the partnership. Not earlier than the date on which the Secretary of Defense submits the first report pursuant to subsection (e), the Secretary shall designate the Irregular Warfare Technology Support Directorate of the Department of Defense as the lead agency of the Department in carrying out this section. The Secretary of Defense shall submit to the appropriate congressional committees on a semiannual basis a report that contains a copy of the most recent semiannual report provided by the government of each covered partner country to the Department of Defense pursuant to subsection (e)(2)(C). In this section— the term appropriate congressional committees means— the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and the term covered partner country means a country that, as of June 1, 2025, has signed a bilateral agreement with the United States that is managed by the Irregular Warfare Technology Support Directorate of the Department of Defense.
Section 619
1206. Cybersecurity integration The Secretary of Defense, in coordination with the Secretary of State, shall cooperate with the Government of Panama to seek to integrate cybersecurity into current and future joint training exercises. The cybersecurity integration in subsection (a) should— incorporate elements of the Cyber Cooperation Arrangement; provide technical assistance and training, and enhance joint cooperation to improve mitigation, deterrence, and detection of cyberattacks and cyber vulnerabilities on critical infrastructure in and around the Panama Canal; and incorporate cybersecurity activities into current and potential joint exercises conducted between the United States Government and the Government of Panama to improve the security of the Panama Canal. Activities to further the purpose described in subsection (b) may include— information sharing with the Panama Canal Authority and the Government of Panama regarding cybersecurity threats and incidents; technical assistance to the Panama Canal Authority and the Government of Panama on detection and mitigation of cyberattacks in order to improve response activities, including advising national computer security incident response teams; conducting joint cybersecurity training exercises and other information sharing activities relating to cybersecurity with the Government of Panama, including by— supporting participation by the Government of Panama in existing cybersecurity training facilitated or managed by the Department of Defense and approved by the Secretary of Defense; incorporating cyber elements into existing joint training exercises, such as PANAMAX; and conducting an annual table-top cybersecurity exercise; and conducting activities as the Secretary considers appropriate, consistent with the purposes described in subsection (b) for the cybersecurity integration described in subsection (a). Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report and briefing on— implementation of this section and any challenges related to implementation; and any cyber threats, such as ransomware attacks, on critical infrastructure in and around the Panama Canal, along with actions taken to address and mitigate these threats. 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.
Section 620
1207. Modification of Department of Defense State Partnership Program Section 341(e)(1)(A) of title 10, United States Code, is amended by adding at the end before the semicolon the following: ‘‘, including costs incurred with respect to activities beginning in one fiscal year and ending not later than the end of the first fiscal year thereafter”.
Section 621
1211. War Reserve Stockpile authority for Israel Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking January 1, 2027 and inserting January 1, 2029.
Section 622
1212. Modification and extension of United States-Israel anti-tunnel cooperation Section 1279(f) of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is amended by striking December 31, 2026 and inserting December 31, 2028.
Section 623
1213. Extension and modification of United States-Israel cooperation to counter unmanned systems in all warfighting domains Section 1278 of the National Defense Authorization Act for Fiscal Year 2020 (22 U.S.C. 8606 note) is amended— in the section heading, by striking unmanned aerial systems and inserting unmanned systems in all warfighting domains; in subsection (a)— in the subsection heading to read as follows: united states-israel program on countering unmanned systems.—; in paragraph (1)— by striking to establish capabilities and inserting to accelerate development of advanced technologies; and by striking unmanned aerial systems and inserting unmanned systems in all warfighting domains; by redesignating paragraph (2) as paragraph (3); by inserting after paragraph (1) the following: The activities required by this subsection may include the following: Collaborative research initiatives involving government, private sector, and academic institutions in the United States and Israel. Joint training exercises and information-sharing mechanisms to maximize the sharing of technical expertise, data, and tactics related to emerging unmanned systems and related threats. Development of joint technical requirements. Collaborative development and evaluation of novel systems with defense industry partners. Coordination with acquisition program offices of the United States and Israel military service departments, components, and commands to expedite deployment of relevant systems and enhance military readiness. in paragraph (3) (as so redesignated), by striking activities described in paragraph (1) and inserting activities described in this subsection; in subsection (b)— in paragraph (3)(B), by striking aerial; and in paragraph (4), by striking $55,000,000 and inserting $70,000,000; in subsection (c), by striking an appropriate research and development entity of a military department and inserting the Irregular Warfare Technology Support Directorate; by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; by inserting after subsection (d) the following: The Secretary of Defense shall submit to the appropriate committees of Congress on an annual basis a report that shall include for the preceding year a description of activities conducted under the program including— an assessment of progress made by the United States and Israel in addressing unmanned systems threats and requirements; an assessment of the program’s collaboration with other United States Government programs and defense contractors; an update on efforts to transition capabilities to acquisition program managers for fielding by United States or Israeli military services, components, and commands; and recommendations for future program activities and funding. in subsection (g) (as so redesignated), by striking December 31, 2026 and inserting December 31, 2028. The Secretary of Defense shall continue to carry out the activities authorized by section 1278 of the National Defense Authorization Act for Fiscal Year 2020, as such section was in effect on the day before the date of the enactment of this Act, until such time as the Secretary submits to the appropriate committees of Congress the report required by subsection (a)(2) of such section for purposes of carrying of the activities required by such section, as amended by subsection (a) of this section. (2)ActivitiesThe activities required by this subsection may include the following:
(A)Collaborative research initiatives involving government, private sector, and academic institutions in the United States and Israel. (B)Joint training exercises and information-sharing mechanisms to maximize the sharing of technical expertise, data, and tactics related to emerging unmanned systems and related threats.
(C)Development of joint technical requirements. (D)Collaborative development and evaluation of novel systems with defense industry partners.
(E)Coordination with acquisition program offices of the United States and Israel military service departments, components, and commands to expedite deployment of relevant systems and enhance military readiness.; and (e)Annual reportThe Secretary of Defense shall submit to the appropriate committees of Congress on an annual basis a report that shall include for the preceding year a description of activities conducted under the program including— (1)an assessment of progress made by the United States and Israel in addressing unmanned systems threats and requirements;
(2)an assessment of the program’s collaboration with other United States Government programs and defense contractors; (3)an update on efforts to transition capabilities to acquisition program managers for fielding by United States or Israeli military services, components, and commands; and
(4)recommendations for future program activities and funding.; and
Section 624
1214. Sense of congress on international defense exhibitions It is the sense of Congress that the Department of Defense and its agencies should not participate in international defense exhibitions in any way until the Secretary of Defense certifies that such exhibitions and the jurisdictions in which they are located allow Israeli companies to fully participate in the exhibition and are not using restrictions or the threat of restrictions on any party’s participation in the exposition as a means of deterring Israel from defending itself.
Section 625
1215. Study and report on international security measures on the border between Gaza and Egypt The Secretary of Defense, in coordination with the Secretary of State, shall conduct a study on steps that Israel, Egypt, and the United States can take to enhance international security measures on the border between Gaza and Egypt to ensure Hamas and other actors do not use tunnels or methods via the Mediterranean Sea to smuggle weapons and illicit goods. The Secretary shall submit to the appropriate congressional committees a report that contains the results of the study. The report required by this subsection shall include a description and map indicating existing tunnels on the border between Gaza and Egypt. In this subsection, the term appropriate congressional committees means— the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
Section 626
1216. Establishment of defense innovation unit office in Israel Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Government of Israel, shall seek to establish an office of the Defense Innovation Unit at a location within the territory of Israel. The functions of the office established under subsection (a) shall be— to engage appropriate counterparts of the Ministry of Defense of Israel and representatives of the private sector in collaborative efforts to counter developments by Iran, China, and other adversaries of dual-use defense technologies; to leverage resources and innovation activities of the United States and Israel for the benefit of the national security of the United States and Israel; to identify Israeli innovations and technological competitive advantages that can be incorporated and integrated into the United States defense industrial base; and to carry out such other functions of the Defense Innovation Unit in Israel as the Director of the Unit considers appropriate.
Section 627
1217. U.S.-Israel defense industrial base harmonization Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary for Acquisition and Sustainment, shall convene the U.S.-Israel Defense Industrial Base Working Group to study the potential for defense industrial base integration between the United States and Israel, including the possibility of inclusion into the national technology and industrial base (as defined in section 4801 of title 10, United States Code). Any activity carried out pursuant to the authority provided by subsection (a) shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States and Israel.
Section 628
1218. Report on U.S.-Israel military exercises It is the sense of Congress that— conducting regular military exercises of increasing complexity with the State of Israel that involve air, sea, ground, space, and cyberspace forces supports the national security interests of the United States; these military exercises should include other regional partners as well when feasible; and these military exercises strengthen the readiness of U.S. forces and those of our partners, bolster their ability to operate together, reinforce deterrence, and support regional security. Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period not to exceed 3 years, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: A list of Department of Defense exercises that included Israel over the previous 12 months. A detailed description of— the capabilities and missions rehearsed in each exercise; how each exercise rehearsed new or more challenging combat capabilities and scenarios; how each exercise improved the readiness and capabilities of participating militaries and strengthened their ability to operate together; and the resources that would be needed to conduct more frequent and beneficial U.S.-Israel military exercises. A plan to increase the complexity of exercises and invite other regional partners to participate. The report required by subsection (b) shall be in written form and transmitted in an unclassified manner and may contain a classified annex.
Section 629
1231. Repeal of war-related reporting requirements for concluded operations Section 1221 of the National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 113 note) is repealed.
Section 630
1232. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended in the matter preceding paragraph (1) by striking beginning on October 1, 2024, and ending on December 31, 2025 and inserting beginning on October 1, 2025, and ending on December 31, 2026,. Subsection (d)(1) of such section is amended by striking beginning on October 1, 2024, and ending on December 31, 2025 and inserting beginning on October 1, 2025, and ending on December 31, 2026,.
Section 631
1233. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals 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 subsection (a), by striking December 31, 2025 and inserting December 31, 2026; in subsection (e)(1)— in the matter preceding subparagraph (A), by striking elements of the Syrian opposition and other; and in subparagraph (A), by striking Shia militias aligned with or supporting the Government of Syria and inserting Shia militias previously aligned with or supporting the Assad government; and in subsection (l)(3)(E)), by striking December 31, 2025 and inserting the date specified in the matter preceding paragraph (1) of subsection (a).
Section 632
1234. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria 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 subsection (a), by striking December 31, 2025 and inserting December 31, 2026; by striking subsection (g); by redesignating subsections (h) through (o) as subsections (g) through (n), respectively; in paragraph (1)(C)(i) of subsection (i) (as so redesignated), by striking subsection (l)(2) and inserting subsection (k)(2); in paragraph (2) of subsection (k) (as so redesignated)— in subparagraph (B)(ii), by striking subsection (j)(1)(C) and inserting subsection (i)(1)(C); and in subparagraph (C), by striking subsection (k) and inserting subsection (j); and in paragraph (6) of subsection (n) (as so redesignated), by striking December 31, 2025 and inserting December 31, 2026.
Section 633
1235. Counter-terrorism support Subsection (a)(1) of section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 22 U.S.C. 2151 note) is amended— in subparagraph (B), by striking with Syria and inserting with any other country; and in subparagraph (C), by striking with Libya and inserting with any other country. Subsection (c)(2) of such section is amended by adding at the end the following: Such support may be used only to promote the ability of the armed forces of Lebanon to counter the threat posed by Lebanese Hezbollah, Hamas, ISIS, and any other terrorist organization that threaten the security of Lebanon and its neighbors.. Subsection (h) of such section is amended by striking December 31, 2025 and inserting December 31, 2026.
Section 634
1236. Prohibition on funding to Badr Organization None of the funds authorized to be appropriated by this Act or otherwise made available to the Secretary of Defense for fiscal year 2026 may be made available to the Badr Organization.
Section 635
1237. Intelligence sharing with resistance units in Afghanistan The Secretary of Defense shall provide such intelligence sharing as the Secretary determines appropriate with units of the former Afghan Army and police forces, as well as other units the Secretary determines are resistance units, for purposes of countering the Taliban.
Section 636
1238. Extension and modification of annual report on military power of Iran Subsection (b) of section 1245 of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is amended— in paragraph (1)— by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (D), (E), (F) and (G), respectively; by adding after subparagraph (A) the following subparagraphs: the evolving use of terrorism in Iran’s security strategy, be it direct or indirect via proxy; evolving thresholds for the use of direct and attributable force by Iran; in subparagraph (F), by striking and at the end; in subparagraph (G), by striking the period at the end and inserting ; and; and by adding after subparagraph (G) the following subparagraph: how Iran believes an integrated American, Arab, and Israeli regional security architecture focused on intelligence sharing, air and missile defense, and maritime security would create challenges for Iranian grand strategy, security strategy, and military strategy. in paragraph (2)— by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; in subparagraph (D), by striking ; and at the end; and by adding after subparagraph (B) the following subparagraph: a summary of Iran’s procurement of advanced conventional capabilities from Russia and the impact of these procurements on Iran’s military capabilities, Israel’s Qualitative Military Edge, and Iran’s conventional forces as assessed under subparagraph (B); in paragraph (3)— in subparagraph (C), by inserting any Iraqi Shia-militia operating under the auspices of the Islamic Resistance, after the Badr Organization,; in subparagraph (E), by striking the semicolon at the end and inserting , including United States forces in Iraq, Syria, Jordan, and the Red Sea; in subparagraph (I)(ii), by striking and activities; and and inserting , assets, and critical infrastructure; and; in subparagraph (J), by striking ability to manipulate the information environment both domestically and against the interests of the United States and its allies; and and inserting information warfare efforts designed to oppress the Iranian people and undermine the United States, its allies, and its interests; in subparagraph (K), by striking the period at the end and inserting ; and; and by adding at the end the following subparagraph: an assessment of the military power of Iranian proxies and partners, including Hezbollah, Hamas, Palestine Islamic Jihad, Ansar Allah, and Iraqi and Syrian proxies. in paragraph (4)— in subparagraph (A), by striking nuclear weapons capabilities and developments and inserting nuclear weapons-related advances, including growth of atomic infrastructure, fissile material inventories and purity, and weaponization-related activities; by redesignating subparagraphs (G) as subparagraph (I); in subparagraph (F), by striking to the Middle East and Europe; and and inserting globally;; and by adding after subparagraph (F) the following subparagraphs: a detailed analysis of the domestic and foreign supply chains supporting Iran’s drone program; a detailed assessment of the domestic production capacity by Iran’s proxies in the Middle East of long-range strike capabilities, to include mortars, IRAMs, rockets, drones, cruise missiles, and ballistic missiles; and in paragraph (5), by striking nuclear development, ballistic missiles, and chemical, biological, and advanced conventional weapons, weapon systems, and delivery vehicles and inserting nuclear weapons, missiles and drones, and chemical, biological, and advanced conventional weapons and their delivery vehicles; and in paragraph (8)— by striking or any foreign terrorist organization. and inserting the Badr Organization, any other foreign terrorist organization, or any special designated global terrorist.; by striking the Bashar al-Assad regime, and inserting the Russian Federation, elements of the former Bashar al-Assad regime,; and by inserting Ansarallah, after Hamas,. Subsection (c) of such section is amended— in paragraph (3), by striking the period at the end and inserting regardless of whether they are surface-to-surface or anti-ship missiles.; and in paragraph (4), by striking the period at the end and inserting regardless of whether they are surface-to-surface or anti-ship missiles.. Subsection (d) of such section is amended by striking December 31, 2026 and inserting December 31, 2030. (B)the evolving use of terrorism in Iran’s security strategy, be it direct or indirect via proxy; (C)evolving thresholds for the use of direct and attributable force by Iran;. (H)how Iran believes an integrated American, Arab, and Israeli regional security architecture focused on intelligence sharing, air and missile defense, and maritime security would create challenges for Iranian grand strategy, security strategy, and military strategy.; (C)a summary of Iran’s procurement of advanced conventional capabilities from Russia and the impact of these procurements on Iran’s military capabilities, Israel’s Qualitative Military Edge, and Iran’s conventional forces as assessed under subparagraph (B);; (L)an assessment of the military power of Iranian proxies and partners, including Hezbollah, Hamas, Palestine Islamic Jihad, Ansar Allah, and Iraqi and Syrian proxies.; (G)a detailed analysis of the domestic and foreign supply chains supporting Iran’s drone program; (H)a detailed assessment of the domestic production capacity by Iran’s proxies in the Middle East of long-range strike capabilities, to include mortars, IRAMs, rockets, drones, cruise missiles, and ballistic missiles; and;
Section 637
1241. Modification and extension of annual report on military and security developments involving the Russian Federation Section 1234 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3936) is amended— in subsection (b) to read as follows: The report required under subsection (a) shall include the following: The goals, factors, and trends shaping Russia’s security strategy and military strategy, including military spending and investment priorities. Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the Russian Armed Forces. An assessment of the force structure, readiness, and capabilities of the Russian Armed Forces. An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces deployed in the Arctic and the North Atlantic region. An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces as they relate to the North Atlantic Treaty Organization (NATO), including the force posture of Russian Armed Forces deployed adjacent to NATO’s borders, including in Kaliningrad. An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces deployed in Ukraine or adjacent to Ukraine’s borders. An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces in the Baltic and Black Seas. An assessment of the reconstitution efforts of the Russian Armed Forces, including its ability to restore losses from the war in Ukraine and to expand its force beyond 2022 levels. An assessment of the impact of United States and international sanctions on the Russian military’s reconstitution efforts, including an assessment of the impact of removing sanctions on the Russian military’s reconstitution efforts. An assessment of what the Russian Armed Forces has learned from the war in Ukraine and how it has applied those lessons. An assessment of the military strategy, objectives, and force posture of Russia that affect countries in Latin America and the Caribbean. An assessment of the military strategy, objectives, and force posture of Russia that affect countries in the Indo-Pacific, with a specific emphasis on how such strategy, objectives, and force posture affect the People’s Republic of China. An assessment of the military strategy, objectives, and force posture of Russia that affect countries in the Middle East. An assessment of the military strategy, objectives, and force posture of Russia that affect countries in Africa. An assessment of human rights violations committeed by Russian private military corporations in African countries, including human rights violations committed against Christians and other religious groups, during the preceding 10-year period (with respect to the first report submitted after the date of the enactment of this subsection) or since the most recent prior report submitted under this subsection (with respect to each subsequent report). An assessment of the extent to which the Russian military and Russian private military corporations are collaborating with the People’s Republic of China to secure mining assets linked to the People’s Republic of China in Africa, including any entity, engaged in prospecting, mining, refining, or smelting materials extracted from the earth, that— is majority owned by the PRC; is legally registered or internationally headquartered in the PRC; is directly operating on behalf of the PRC; is directly or indirectly controlled or directed by the PRC; is formed from a spin-off, merger or acquisition, or sale of a business unit involving an entity described in any of subparagraphs (A) through (D) or is otherwise a successor to such an entity; or provides financial services for an entity described in any of subparagraphs (A) through (E). A description of Russia’s overseas military basing, military logistics capabilities, and infrastructure to project power. A summary of all significant Russian cooperation with foreign forces, including major training and exercises, foreign deployments, and basing agreements—specifying for each Russian foreign deployment the number of force deployed, the types of capabilities deployed, the length of the deployment, and any agreement enabling or governing the deployment. An assessment of relations between the Russian Federation and Iran, the People’s Republic of China, and North Korea, with respect to security and military matters. An assessment of the proliferation activities of Russia and Russian entities, including activities relating to the supply of materials, technologies, or expertise relating to nuclear weapons or other weapons of mass destruction or missile systems to other states or non-state actors. An assessment of Russia’s nuclear program and capabilities, including its nuclear strategy and associated doctrines; the size and state of its stockpile and projections of its future arsenals; its civil and military production capacities; and the modernization and force structure of its strategic forces. A description of Russia’s current missile defense strategy and capabilities, including efforts to develop missile defense capabilities. A description of Russia’s anti-access and area denial capabilities. A description of Russia’s command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons. An assessment of Russia’s space and counterspace programs and capabilities. An assessment of Russia’s cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from Russia against Department of Defense infrastructure). An assessment of any influence operations or campaigns by the Russian Federation targeting the United States, any military alliances and partnerships of which the United States is a member, or treaty allies of the United States, including: the objectives of such operations; the tactics, techniques, and procedures used; and the impact of such operations on the United States, military alliances or partnerships of which the United States is a member, or treaty allies of the United States; detail regarding any campaign that specifically targeted U.S. Department of Defense personnel; and the metrics used to judge the impact of such operations. An assessment of how Russian private military companies are being utilized to advance the security interests of the Russian Federation; An assessment of the threat perception of the Russian Federation by U.S. allies and partners in the Indo-Pacific. Other military and security developments involving Russia that the Secretary of Defense considers relevant to United States national security. in subsection (g), by striking January 31, 2026 and inserting January 31, 2030. (b)Matters to be includedThe report required under subsection (a) shall include the following:
(1)The goals, factors, and trends shaping Russia’s security strategy and military strategy, including military spending and investment priorities. (2)Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the Russian Armed Forces.
(3)An assessment of the force structure, readiness, and capabilities of the Russian Armed Forces. (4)An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces deployed in the Arctic and the North Atlantic region.
(5)An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces as they relate to the North Atlantic Treaty Organization (NATO), including the force posture of Russian Armed Forces deployed adjacent to NATO’s borders, including in Kaliningrad. (6)An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces deployed in Ukraine or adjacent to Ukraine’s borders.
(7)An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces in the Baltic and Black Seas. (8)An assessment of the reconstitution efforts of the Russian Armed Forces, including its ability to restore losses from the war in Ukraine and to expand its force beyond 2022 levels.
(9)An assessment of the impact of United States and international sanctions on the Russian military’s reconstitution efforts, including an assessment of the impact of removing sanctions on the Russian military’s reconstitution efforts. (10)An assessment of what the Russian Armed Forces has learned from the war in Ukraine and how it has applied those lessons.
(11)An assessment of the military strategy, objectives, and force posture of Russia that affect countries in Latin America and the Caribbean. (12)An assessment of the military strategy, objectives, and force posture of Russia that affect countries in the Indo-Pacific, with a specific emphasis on how such strategy, objectives, and force posture affect the People’s Republic of China.
(13)An assessment of the military strategy, objectives, and force posture of Russia that affect countries in the Middle East. (14)An assessment of the military strategy, objectives, and force posture of Russia that affect countries in Africa.
(15)An assessment of human rights violations committeed by Russian private military corporations in African countries, including human rights violations committed against Christians and other religious groups, during the preceding 10-year period (with respect to the first report submitted after the date of the enactment of this subsection) or since the most recent prior report submitted under this subsection (with respect to each subsequent report). (16)An assessment of the extent to which the Russian military and Russian private military corporations are collaborating with the People’s Republic of China to secure mining assets linked to the People’s Republic of China in Africa, including any entity, engaged in prospecting, mining, refining, or smelting materials extracted from the earth, that—
(A)is majority owned by the PRC; (B)is legally registered or internationally headquartered in the PRC;
(C)is directly operating on behalf of the PRC; (D)is directly or indirectly controlled or directed by the PRC;
(E)is formed from a spin-off, merger or acquisition, or sale of a business unit involving an entity described in any of subparagraphs (A) through (D) or is otherwise a successor to such an entity; or (F)provides financial services for an entity described in any of subparagraphs (A) through (E).
(17)A description of Russia’s overseas military basing, military logistics capabilities, and infrastructure to project power. (18)A summary of all significant Russian cooperation with foreign forces, including major training and exercises, foreign deployments, and basing agreements—specifying for each Russian foreign deployment the number of force deployed, the types of capabilities deployed, the length of the deployment, and any agreement enabling or governing the deployment.
(19)An assessment of relations between the Russian Federation and Iran, the People’s Republic of China, and North Korea, with respect to security and military matters. (20)An assessment of the proliferation activities of Russia and Russian entities, including activities relating to the supply of materials, technologies, or expertise relating to nuclear weapons or other weapons of mass destruction or missile systems to other states or non-state actors.
(21)An assessment of Russia’s nuclear program and capabilities, including (A)its nuclear strategy and associated doctrines;
(B)the size and state of its stockpile and projections of its future arsenals; (C)its civil and military production capacities; and
(D)the modernization and force structure of its strategic forces. (22)A description of Russia’s current missile defense strategy and capabilities, including efforts to develop missile defense capabilities.
(23)A description of Russia’s anti-access and area denial capabilities. (24)A description of Russia’s command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons.
(25)An assessment of Russia’s space and counterspace programs and capabilities. (26)An assessment of Russia’s cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from Russia against Department of Defense infrastructure).
(27)An assessment of any influence operations or campaigns by the Russian Federation targeting the United States, any military alliances and partnerships of which the United States is a member, or treaty allies of the United States, including: (A)the objectives of such operations;
(B)the tactics, techniques, and procedures used; and (C)the impact of such operations on the United States, military alliances or partnerships of which the United States is a member, or treaty allies of the United States;
(D)detail regarding any campaign that specifically targeted U.S. Department of Defense personnel; and (E)the metrics used to judge the impact of such operations.
(28)An assessment of how Russian private military companies are being utilized to advance the security interests of the Russian Federation; (29)An assessment of the threat perception of the Russian Federation by U.S. allies and partners in the Indo-Pacific.
(30)Other military and security developments involving Russia that the Secretary of Defense considers relevant to United States national security.; and
Section 638
1242. Report on United States deterrence and defense posture in the European region At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Commander of the United States European Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives: The implementation of the National Defense Strategy with respect to the European region. The maintenance of the comparative military advantage of the United States and North Atlantic Treaty Organization (NATO) with respect to the Russian Federation. The reduction of the risk of executing contingency plans of the Department of Defense, including contingency plans conducted by United States Central Command and United States Africa Command. The maintenance of the capability and capacity to defense the homeland forward. The report required by paragraph (1) shall include the following: With respect to the achievement of the objectives described in paragraph (1), a description of the intended force structure and posture of assigned and allocated forces in each NATO member country. An assessment of the capability requirements to achieve such objectives. An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. An identification of required infrastructure and military construction investments to achieve such objectives. An assessment of security cooperation authorities, activities, or resources required to achieve such objectives. A plan to fully resource United States force posture and capabilities, including— a detailed assessment of the resources necessary to address the elements described in subparagraphs (A) through (E), including specific cost estimates for recommended investments or projects— to maintain a posture and presence of the United States Armed Forces that meet the objectives of paragraph (1); to maintain the logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel that meet the objectives of paragraph (1); to carry out a program of exercises, training, experimentation, and innovation for the joint force that meet the objectives of paragraph (1); to maintain the infrastructure to ensure the responsiveness and resiliency of the United States Armed Forces within NATO in order to meet the objectives of paragraph (1); to build the defense and security capabilities, capacity, and cooperation of allies and partners that meet the objectives of paragraph (1); and to modernize the capabilities available to United States European Command to meet the objectives of paragraph (1); and a detailed timeline to achieve the intended force structure and posture described in clause (i). The specific cost estimates required by clause (i)(I) shall, to the maximum extent practicable, include the following: With respect to procurement accounts— amounts displayed by account, budget activity, line number, line item, and line item title; and a description of the requirements for each such amount. With respect to research, development, test, and evaluation accounts— amounts displayed by account, budget activity, line number, program element, and program element title; and a description of the requirements for each such amount. With respect to operation and maintenance accounts— amounts displayed by account title, budget activity title, line number, and subactivity group title; and a description of the specific manner in which each such amount would be used. With respect to military personnel accounts— amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and a description of the requirements for each such amount. With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year. With respect to any expenditure or proposed appropriation not described in subclauses (I) through (V), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code. A budget display, prepared with the assistance of the Under Secretary of Defense (Comptroller), that compares the independent assessment of the Commander of the United States European Command with the amounts contained in the budget display for the applicable fiscal year. The report required by paragraph (1) may be submitted in classified form, but shall include an unclassified summary. Not later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2027 and 2028, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under subsection (a), including their assessments of the feasibility and advisability of the plan required by subsection (a)(2)(F).
Section 639
1243. Extension and modification of annual report on military and security developments involving the People’s Republic of China Subsection (b) of section 1202(a) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended— in paragraph (3)(C), by striking the period at the end and inserting , including nuclear and drone development cooperation.; in paragraph (7)(A), by inserting , including foreign farmland acquisitions, after Chinese overseas investments or projects; in paragraph (8)(A)— by striking infrastructure) and and inserting infrastructure),; and by striking the period at the end and inserting , and the likely role of Chinese cyber capabilities in a conflict with the United States.; in paragraph (9)(B), by striking and other advanced technologies and inserting biotechnology, and other advanced and emerging technologies; and in paragraph (10)— in subparagraph (A), by striking and at the end; by redesignating subparagraph (B) as subparagraph (C); by inserting after subparagraph (A) the following: the likely strategic intent of the People’s Liberation Army in a conflict over Taiwan, and how the People’s Republic of China will conduct a cyber enabled economic warfare campaign, a cross straight invasion campaign, or a blockade campaign; and Subsection (a) of such section is amended by striking January 31, 2027 and inserting January 31, 2030. (B)the likely strategic intent of the People’s Liberation Army in a conflict over Taiwan, and how the People’s Republic of China will conduct a cyber enabled economic warfare campaign, a cross straight invasion campaign, or a blockade campaign; and.
Section 640
1244. Report relating to AUKUS Pillar 1 Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the Committee on Armed Services of the Senate, Committee on Armed Services of the House of Representatives, Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the impact and potential of Pillar 1 of the Australia, the United Kingdom, and the United States partnership (in this section referred to as the AUKUS partnership) including— a detailed description of how Pillar 1 of the AUKUS partnership encourages the economic coordination between Australia, the United Kingdom, and the United States, including through domestic businesses, the defense industries, and direct investments; a detailed description of how Pillar 1 of the AUKUS partnership encourages the defense coordination between Australia, the United Kingdom, and the United States to protect United States national security and the stability of the Indo-Pacific region; a detailed description of how Pillar 1 of the AUKUS partnership encourages the diplomatic coordination between Australia, the United Kingdom, and the United States to increase the ties among such countries; and a detailed description and analysis of how terminating the AUKUS partnership would harm the economic, defense, and diplomatic coordination between Australia, the United Kingdom, and the United States. The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex if submitted separately from the unclassified portion.
Section 641
1245. Report on strategy for increasing membership in the comprehensive security integration and prosperity agreement Not later than July 1, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the strategic importance of the Comprehensive Security Integration and Prosperity Agreement and the benefits of its potential expansion. The report required under subsection (a) shall also include the following: An assessment of the strategic benefits of CSIPA to regional and global security. An assessment of CSIPA’s operational value to the Department of Defense and partners in the region following the Red Sea attacks. An assessment of how CSIPA leverages United States military assets such as the Fifth Fleet to address regional threats. Identification of potential modifications to the CSIPA framework that would support broader regional participation. An evaluation of the resource and capability requirements necessary to expand CSIPA membership. Recommendations for further collaboration between the United States Armed Forces and CSIPA members. In this section, the terms Comprehensive Security Integration and Prosperity Agreement and CSIPA refers to the cooperative agreement signed by the United States and the Kingdom of Bahrain on September 13, 2023.
Section 642
1246. Inclusion of special operations forces in planning and strategy relating to the Arctic region Not later than one year after the date of the enactment of this Act, the Commander of the United States Special Operations Command, in consultation with the Secretary of Defense and the Commander of the United States Northern Command, shall develop and submit to the Committees on Armed Services of the House of Representatives and the Senate a Special Operations Forces Arctic Security Strategy, applicable across each component of the special operations forces and within each Armed Force (in this section referred to as the strategy). The strategy shall— build upon the findings of the report under section 1090(a)(3) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 113 note) and the 2022 National Defense Strategy; facilitate a consistent understanding of Arctic security priorities across the Department of Defense and a common understanding of the use and purpose of special operations forces for Arctic activities across the Armed Forces, combatant commands, and other relevant elements of the Department of Defense; and promote greater use and prioritization of special operations forces capabilities, particularly with respect to the special operations force of the Army, in Arctic security planning and coordination with Indigenous populations and High North allies and partners. The strategy shall include the following: A plan for the leveraging of North American Indigenous Arctic populations, and the establishment of working definitions and parameters for cooperation with such populations in the following areas: Intelligence, surveillance, and reconnaissance gathering. Improved Arctic training and operation tactics, techniques, and procedures. Empowering local populations to create solutions to regional issues. Building resilience against invasion and occupation and enhancing deterrence capabilities. Improving the capacity of allies and partners to build capabilities in the region that produce advantages against adversaries. Building United States credibility for combat operations in the region. Demonstrating United States commitment to improving living standards in the region. Any other area the of the Commander of the United States Special Operations Command determines appropriate. A requirement that special operations forces achieve readiness with respect to not more than two Arctic environments. With respect to terminology and working definitions of the Department— a requirement that— the use of the terms Arctic-capable and Arctic-ready may no longer be used in any document or other material produced by the Department of Defense that outlines Arctic strategies; the replacement terms Arctic-trained and Arctic-proficient shall be used in lieu of Arctic-capable and Arctic-ready, respectively; and the Department shall provide clear definitions and readiness requirements for each replacement term under clause (ii). a review of terminology, and the use of such terminology, relating to military doctrinal readiness (such as the terms trained and proficient) in the Arctic context, to ensure that the Armed Forces meet operational expectations and may fully partake in joint-training exercises with allies and partners of the United States. A description of the conditions necessary to establish a standardized pathway for self-validation for each Armed Force that requires units to be Arctic capable, with such standardized pathway being tailored to each Armed Force but consistent with respect to shared terminology, an agreed upon list of Arctic environments, and agreed upon standards to become Arctic capable in each such environment. A requirement that the Commander of the United States Special Operations Command, in consultation with the Secretary of Defense and the Commander of the United States Northern Command, include in any future years plan for the Arctic Security Initiative required under section 1090(b)(2)(B) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 113 note) the following: Updates on ongoing priorities for Arctic objectives of the special operations forces. Assessments of the integration of Arctic operations of the special operations forces, including the use of Indigenous approaches to domain awareness. A description of the activities and resources needed for the special operations forces to obtain readiness in the Arctic region, including manning, training, equipping, and funding requirements. Any other matter the Commander of the United States Northern Command and the Secretary of Defense jointly determine appropriate. A requirement that, on an annual basis, the Commander of the United States Special Operations Command submit to the Committees on Armed Services of the House of Representatives and the Senate a progress report (in unclassified form, but with the option of including a classified annex) on the implementation and use of the strategy, including— an assessment of the ability of the strategy to address new and ongoing concerns; areas relating to the strategy in need of improvement, including any new funding necessary; use of the strategy across each Armed Force; and an updated threat assessment with respect to the Arctic region. In this section, the term special operations forces means forces described under section 167(j) of title 10, United States Code.
Section 643
1247. Strategy Not later than 300 days after the enactment of this Act the Department of Defense shall submit a strategy to the House Armed Services Committee and Senate Armed Services Committee relating to raising the issue of political prisoners in Pakistan, including former Prime Minister Imran Khan, in all military-to-military engagements with the military of Pakistan.
Section 644
1301. Allied contributions to United States force posture on NATO’s eastern flank It is the sense of Congress that— the United States remains steadfast in its ironclad commitment to the North Atlantic Treaty Organization (NATO) as the foundation of transatlantic security and to upholding its obligations under the North Atlantic Treaty, including its commitment to collective defense under Article 5 of the Treaty; at this time, United States forces stationed in and deployed to NATO’s eastern flank remain critical to conventional deterrence and defense on the European continent; and NATO allies should strengthen the alliance by contributing further to the costs associated with the alliance’s force posture on NATO’s eastern flank, including United States forces stationed in and deployed to other allied countries, not solely within their own national borders, using the authorities of section 2350j of title 10, United States Code, as amended by subsection (b). Section 2350j of title 10, United States Code, is amended— in subsection (b), by inserting another country or before a regional organization; in subsection (c)— in the matter preceding paragraph (1), by inserting before the colon at the end the following: , to be allocated as the country or regional organization making the contribution may specify; in paragraph (1), by adding at the end before the period the following: in the host nation or another country; in paragraph (2), by adding at the end before the period the following: in the host nation or another country; in paragraph (3), by adding at the end before the period the following: in the host nation or another country; and by adding at the end the following: Sustainment of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country. by redesignating subsection (f) as subsection (g); by inserting after subsection (e) the following: The authority to provide for the payment of military construction projects of the Department of Defense under subsection (c)(2) may be exercised only with respect to contributions accepted under subsection (a) on or after the date of the enactment of this subsection. in paragraph (2) of subsection (g) (as so amended), by amending subparagraph (E) to read as follows: The amount of such burden sharing contributions expended, by eligible category, including compensation for— local national employees; military construction projects; supplies and services of the Department of Defense; and sustainment of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country. In this section, the term sustainment of United States armed forces— means the provision of the reasonable and proper costs of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country, for fuel, transportation, force protection including cyber protection, training ammunition, utilities, medical and maintenance services, including that which is required to keep infrastructure, pre-positioned stocks, and equipment in good working order; and does not include pay, allowances, and other normal benefits to which the United States forces are entitled. (4)Sustainment of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country.; (f)Limitation on availability of contributions for costs of military construction projectsThe authority to provide for the payment of military construction projects of the Department of Defense under subsection (c)(2) may be exercised only with respect to contributions accepted under subsection (a) on or after the date of the enactment of this subsection. ; and (E)The amount of such burden sharing contributions expended, by eligible category, including compensation for— (i)local national employees;
(ii)military construction projects; (iii)supplies and services of the Department of Defense; and
(iv)sustainment of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country..
Section 645
1302. Extension and modification 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— in subsection (c), by adding at the end the following: None of the amounts authorized to be appropriated by subsection (f) for a fiscal year may be obligated or expended for that fiscal year until the date on which the President submits 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 written determination that doing so is in the national interest of the United States. in subsection (f), by adding at the end the following: For fiscal year 2026, $300,000,000. For fiscal year 2027, $300,000,000. in subsection (h), by striking December 31, 2026 and inserting December 31, 2028. The amendment made by subsection (a)(1) shall apply beginning with amounts authorized to be appropriated or otherwise made available for fiscal year 2026. (7)Presidential determinationNone of the amounts authorized to be appropriated by subsection (f) for a fiscal year may be obligated or expended for that fiscal year until the date on which the President submits 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 written determination that doing so is in the national interest of the United States.; (11)For fiscal year 2026, $300,000,000. (12)For fiscal year 2027, $300,000,000.; and
Section 646
1303. Extension of report relating to allied and partner support to Ukraine Section 1243 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 460) is amended— in subsection (a)— in paragraph (1), by striking and at the end; by redesignating paragraph (2) as paragraph (3); and by inserting after paragraph (1) the following: all allied contributions to Jumpstart Foreign Military Sales cases or any similar initiatives; and in subsection (c), by striking “January 1, 2025” and inserting “January 1, 2027”. (2)all allied contributions to Jumpstart Foreign Military Sales cases or any similar initiatives; and; and
Section 647
1304. Oversight of United States force posture in Europe Until the date that is 90 days after the date on which the Commander of the United States European Command and the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, have each independently submitted to the appropriate congressional committees the certifications and assessments described in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used— to take any action to reduce the total number of members of the Armed Forces assigned, deployed, or allocated to the United States European Command and present in the European theater to a number less than 76,000; or to divest, consolidate, or otherwise return to a host country any sites included in the real property inventory of the United States European Command as of June 1, 2025. The certifications and assessments described in this subsection shall include the following: A certification that such a reduction, divestment, consolidation, or return of forces from Europe is in the national security interests of the United States, including a justification explaining the analysis behind such certification. A certification that the Secretary has consulted appropriately with North Atlantic Treaty Organization (referred to in this section as NATO) allies and partners regarding such a reduction, divestment, consolidation, or return. An assessment of the threat the Russian Federation poses to NATO in the near-, medium-, and long-term. A description of the requirements being prioritized that necessitate such a reduction, divestment, consolidation, or return. An analysis of the impact of such a reduction, divestment, consolidation, or return on the security of the United States, as well as the deterrence and defense posture of NATO. An analysis of the impact of such a reduction, divestment, consolidation, or return on the ability of the Armed Forces to support or execute the contingency plans of the Department of Defense, including operations— conducted by the United States European Command, within the area of responsibility of the European Command; or by the United States Central Command and the United States Africa Command, leveraging agreements with countries in the area of responsibility of the European Command regarding access, basing, or overflight. An analysis of the impact of such a reduction, divestment, consolidation, or return on the ability of the Armed Forces to defend the homeland forward. An analysis of the impact of such a reduction, divestment, consolidation, or return on military training and major military exercises, including on interoperability with NATO allies and partners. A description of consultations with NATO, as well as NATO allies and partners, regarding such a reduction, divestment, consolidation, or return. A plan for how the United States will coordinate with NATO to ensure that NATO can assume the capabilities and responsibilities of the members of the United States Armed Forces withdrawn as a result of such a reduction, divestment, consolidation, or return. An assessment of the impact of such a reduction, divestment, consolidation, or return on transatlantic cooperation to deter the People’s Republic of China. In this section, the term appropriate congressional committees means— the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. The limitation in subsection (a) shall terminate on September 30, 2026.
Section 648
1305. Sense of Congress on NATO military readiness It is the sense of Congress that each member country of NATO should annually commit to providing, at a minimum, 3.5 percent of GDP to core defense spending and an additional 1.5 percent of GDP to defense-related infrastructure spending, to ensure NATO military readiness.
Section 649
1306. Baltic Security Initiative Pursuant to the authority provided in chapter 16 of title 10, United States Code, the Secretary of Defense shall establish and carry out an initiative, to be known as the Baltic Security Initiative (in this section referred to as the Initiative), for the purpose of deepening security cooperation with the military forces of the Baltic countries. The Initiative required by subsection (a) shall be carried out pursuant to the authorities provided in title 10, United States Code. The objectives of the Initiative shall be— to achieve United States national security objectives by— deterring aggression by the Russian Federation; and implementing the North Atlantic Treaty Organization's new Strategic Concept, which seeks to strengthen the alliance's deterrence and defense posture by denying potential adversaries any possible opportunities for aggression; to enhance regional planning and cooperation among the military forces of the Baltic countries, particularly with respect to long-term regional capability projects, including— long-range precision fire systems and capabilities; integrated air and missile defense; maritime domain awareness; land forces development, including stockpiling large caliber ammunition; command, control, communications, computers, intelligence, surveillance, and reconnaissance; special operations forces development; coordination with and security enhancements for Poland, which is a neighboring North Atlantic Treaty Organization ally; and other military capabilities, as determined by the Secretary of Defense; and with respect to the military forces of the Baltic countries, to improve cyber defenses and resilience to hybrid threats. 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 setting forth a strategy for the Department of Defense to achieve the objectives described in subsection (b). The strategy required by this subsection shall include a consideration of— security assistance programs for the Baltic countries authorized as of the date on which the strategy is submitted; the ongoing security threats to the North Atlantic Treaty Organization's eastern flank posed by Russian aggression, including as a result of the Russian Federation’s 2022 invasion of Ukraine with support from Belarus; and the ongoing security threats to the Baltic countries posed by the presence, coercive economic policies, and other malign activities of the People’s Republic of China. It is the sense of Congress that the Secretary of Defense should seek to require matching funds from each of the Baltic countries that participate in the Initiative in amounts commensurate with amounts provided by the Department of Defense for the Initiative. In this section, the term Baltic countries means— Estonia; Latvia; and Lithuania.
Section 650
1311. Extension and modification of Pacific Deterrence 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— by striking the National Defense Authorization Act for Fiscal Year 2025 and inserting the National Defense Authorization Act for Fiscal Year 2026; and by striking fiscal year 2025 and inserting fiscal year 2026. Subsection (d)(1)(A) of such section is amended by striking fiscal years 2026 and 2027 and inserting fiscal years 2027 and 2028. Subsection (e) of such section is amended by striking fiscal years 2026 and 2027 and inserting fiscal years 2027 and 2028.
Section 651
1312. 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 2025 and inserting fiscal year 2026.
Section 652
1313. Taiwan Security Cooperation Initiative Subsection (d) of section 1323 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended— by striking Of the amounts and inserting the following: Of the amounts by adding at the end the following: Of the amounts authorized to be appropriated for fiscal year 2026 for the Department of Defense, not more than $1,000,000,000 may be made available for the purposes of subsection (a). (1)Of the amounts; and (2)Of the amounts authorized to be appropriated for fiscal year 2026 for the Department of Defense, not more than $1,000,000,000 may be made available for the purposes of subsection (a). .
Section 653
1314. Extension of deterrence pilot program Section 1314(c) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 311 note) is amended by striking December 31, 2027 and inserting December 31, 2030.
Section 654
1315. Strategy to strengthen multilateral deterrence in the Indo-Pacific The Secretary of Defense shall implement a strategy to strengthen multilateral deterrence against regional aggression in the Indo-Pacific region by expanding multilateral coordination with United States allies and partners in the region, with particular emphasis on Japan, the Philippines, and Australia, including through enhancing multilateral access and basing agreements, command and control structures, intelligence-sharing, and exercises and operations. The strategy required by subsection (a) shall describe current activities and identify future actions to be taken over the next 5 years by the Department of Defense to— leverage reciprocal access agreements between the United States and its Indo-Pacific allies and partners, particularly Japan, the Philippines, and Australia, to expand regional access for these and other allied and partner militaries, including for purposes of enhancing interoperability at locations across the Indo-Pacific region, prepositioning munitions stockpiles, and jointly supporting and leveraging shared facilities, operational access, and infrastructure; improve command and control structures enabling enhanced multilateral coordination with Indo-Pacific allies and partners, including through the Combined Coordination Center in the Philippines, the joint force headquarters of the United States in Japan, and a potential combined coordination structure in Australia; expand intelligence-sharing and maritime domain awareness among the United States and Indo-Pacific allies and partners, including through the Bilateral Intelligence Analysis Cell in Japan and the Combined Coordination Center in the Philippines; and expand the scope and scale of multilateral military exercises and operations in the region, particularly among the United States, Japan, Australia, and the Philippines, including more frequent combined maritime operations through the Taiwan Strait and in the South China Sea. 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 the strategy required by subsection (a), including an identification of any changes to funding or policy required to strengthen multilateral deterrence among the United States and allies and partners in the Indo-Pacific against regional aggression. Not later than March 15, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the implementation of the strategy required by subsection (a), including any resource or authority gaps identified in the Department’s ability to execute the strategy.
Section 655
1316. Sense of Congress on defense alliance and partnership with South Korea 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— reinforcing the United States alliance with South Korea; maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to South Korea; enhancing mutual defense base cooperation; and affirming the United States extended deterrence commitment using the full range of United States defense capabilities, 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.
Section 656
1317. Report on civilian-military relations in the Freely Associated States The Commander of United States Indo-Pacific Command, acting through Joint Task Force-Micronesia, shall be responsible for assessing and coordinating military efforts to strengthen community relationships between the United States Armed Forces and individuals living in the Freely Associated States (FAS) and impacted by military installations, installations, and operating locations in the FAS. including through consultation with each of the Armed Forces, other elements of United States Indo-Pacific Command, and the Secretary of State. Not later than 180 days after the date of the enactment of this Act, the Commander of United States Indo-Pacific Command, acting through Joint Task Force-Micronesia, shall submit to the congressional defense committees a report that includes— the results of a study on the relationships between civilians living in the FAS and Armed Forces presence in the FAS; an assessment of such relationships; a summary of efforts by the Armed Forces to improve such relationships to the extent affected by United States military activities in the FAS; an identification of legally available, civilian-military community engagement programs, activities, and authorities with respect to the FAS; an identification of any new authorities needed to implement existing DoD civilian-military community engagement programs, activities, and authorities in the FAS; an identification of any other components of Federal departments or agencies required to implement any whole-of-government, civilian-military community engagement programs, activities, and authorities in the FAS; and a plan and estimated cost for improving such community engagement with respect to the impact of United States military activities in the FAS.
Section 657
1318. Annual report on presence and activities of European Union and NATO militaries in the Indo-Pacific Region Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Commander of United States Indo-Pacific Command, in coordination with the Commander of United States European Command, shall submit to the congressional defense committees a comprehensive report on the military presence and activities of European Union and NATO member countries in the Indo-Pacific region, that also includes— the best available estimate, over the course of the preceding year, of the sum of— the number of land, maritime, and air personnel of the United States Armed Forces, who are working jointly with the reported number of personnel from European Union and NATO-member militaries operating in or deployed to the Indo-Pacific region; and an analysis of how the presence of the militaries of such countries in the Indo-Pacific region contributes to deterrence against Chinese aggression, including a discussion of posture, capability, multilateral operations, and strategic signaling effects. Each report required under subsection (a) shall include, with respect to each military of a member country of the European Union or NATO with a presence in the Indo-Pacific region, the following: An estimate of the percentage of each military’s total forces, disaggregated by service branch (land, maritime, air), that are typically deployed, stationed, or otherwise present in the Indo-Pacific region on an annual basis. Types and frequency of military activities, such as maritime patrols, joint training exercises, port visits, freedom of navigation operations, and other relevant operations conducted in the Indo-Pacific region. Identification and assessment of the specific offensive, defensive, and logistics capabilities deployed or maintained by each military in the region, including platforms, systems, and infrastructure. An analysis of how the military presence and capabilities of each military complement enhances or increases United States military readiness and capabilities in the Indo-Pacific region.
Section 658
1319. Strategy to enhance Indo-Pacific defense industrial cooperation The Secretary of Defense shall develop and implement a strategy to enhance defense industrial cooperation between the United States and allies and partners of the United States in the Indo-Pacific region. The strategy required by subsection (a) shall— describe current activities and identify future actions to be taken over the next 5 years by the Department of Defense to enhance defense industrial cooperation (as such term is defined in the Security Assistance Management Manual of the Defense Security Cooperation Agency) between the United States and allies and partners of the United States in the Indo-Pacific region, including efforts under the existing Partnership for Indo-Pacific Industrial Resilience; identify lessons the Department has learned from defense industrial cooperation initiatives with European allies, including through meetings among National Armament Directors of the Ukraine Defense Contact Group, the European Union, and NATO, for efforts to enhance defense industrial cooperation in the Indo-Pacific region; identify priority armaments for joint development, production, or sustainment with Indo-Pacific allies and partners, including priority weapons systems for joint acquisition and sustainment with Taiwan; and describe plans for cooperating with the Department of State, the Department of Commerce, and other relevant Federal departments or agencies to resolve bureaucratic hurdles, such as export controls, that could impede deeper defense industrial collaboration with Indo-Pacific allies and partners of the United States. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the strategy required by subsection (a), including an identification of any changes to funding or policy required to enhance defense industrial collaboration with Indo-Pacific allies and partners of the United States. Not later than March 15, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the implementation of the strategy required by subsection (a), including any resource or authority gaps identified in the Department’s ability to execute the strategy.
Section 659
1320. Annual report on Taiwan capabilities and intelligence support Section 1248 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended— in subsection (a)— by striking fiscal year 2027, the Secretary of State and the Secretary of Defense, in coordination with the Director of National Intelligence and the heads of other relevant Federal departments and agencies, shall jointly and inserting fiscal year 2031, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall; in paragraph (2), by striking ability of Taiwan and inserting readiness of the Taiwan military; by redesignating paragraph (16) as paragraph (19); and by adding after paragraph (15) the following: An assessment regarding how Japan, the Republic of Korea, the Philippines, Vietnam, and Australia would likely respond to contingencies, including— a military strike or invasion of Taiwan or an offshore island of Taiwan, including Kinmen, Matsu, Wuciou, Taiping Island, and Penghu; a commercial blockade of Taiwan in which international vessels are subjected to search or seizure by the People’s Liberation Army; a major cyberattack against the critical infrastructure of Taiwan; and a seizure of one or more of Taiwan’s offshore islands or territorial claims. Guidance for representatives from the military of Taiwan to attend, as observers and as appropriate, joint military exercises led by the United States, such as the biennial Rim of the Pacific exercise. An assessment of the feasibility of using economic tools, including export controls, sanctions, and tariffs, to deter China from carrying out the actions described in subparagraphs (A) through (D) of paragraph (16). in subsection (b)— in paragraph (2), by striking ; and and inserting a semicolon; in paragraph (3), by striking the period at the end and inserting ; and; and by adding at the end the following: an assessment of how the United States Armed Forces could marshal resources to respond to the actions described in subparagraphs (A) through (D) of subsection (a)(16), based on the force posture and stockpiles of the Armed Forces. (16)An assessment regarding how Japan, the Republic of Korea, the Philippines, Vietnam, and Australia would likely respond to contingencies, including— (A)a military strike or invasion of Taiwan or an offshore island of Taiwan, including Kinmen, Matsu, Wuciou, Taiping Island, and Penghu;
(B)a commercial blockade of Taiwan in which international vessels are subjected to search or seizure by the People’s Liberation Army; (C)a major cyberattack against the critical infrastructure of Taiwan; and
(D)a seizure of one or more of Taiwan’s offshore islands or territorial claims. (17)Guidance for representatives from the military of Taiwan to attend, as observers and as appropriate, joint military exercises led by the United States, such as the biennial Rim of the Pacific exercise.
(18)An assessment of the feasibility of using economic tools, including export controls, sanctions, and tariffs, to deter China from carrying out the actions described in subparagraphs (A) through (D) of paragraph (16).; and (4)an assessment of how the United States Armed Forces could marshal resources to respond to the actions described in subparagraphs (A) through (D) of subsection (a)(16), based on the force posture and stockpiles of the Armed Forces. .
Section 660
1321. Strategic partnership on defense industrial priorities between the United States and Taiwan The Secretary of Defense shall seek to establish a partnership between the Department of Defense and appropriate counterparts of Taiwan in order to— enhance market opportunities for United States-based and Taiwan-based defense technology companies; bolster Taiwan’s defense industrial base; harmonize global security posture through emerging technology; counter the Chinese Communist Party and Chinese Communist Party-aligned adversarial proxy group development of dual-use defense technologies; and in coordination with appropriate counterpart offices of the Taiwan Ministry of National Defense— enable coordination on defense industrial priorities; streamline emerging defense technology research and development; create more pathways to market for defense technology startups; and collaborate on the coordinated development of dual-use defense capabilities, such as— drones; microchips. directed energy weapons. artificial intelligence. missile technology. intelligence, surveillance, and reconnaissance technology.
Section 661
1322. Reporting Requirement on Obstacles to Taiwanese Procurement Not later than 90 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report identifying obstacles to United States assistance in strengthening Taiwan's self-defense capabilities as well as any policy recommendations to address those obstacles. The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 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.
Section 662
1323. Invitation to Taiwan to the rim of the Pacific exercise The Secretary of Defense is directed to invite the naval forces of Taiwan to any Rim of the Pacific Exercise that is to take place following the date of enactment of this Act.
Section 663
1324. Support for Taiwan to improve the resilience and security of its energy infrastructure The President should take such actions as may be necessary to— consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.), support efforts to strengthen Taiwan’s ability to withstand any potential blockade or embargo, in whole or in part, including by exploring opportunities for training and support to the Taiwan Navy with respect to convoy operations involving liquefied natural gas; and ensure Taiwan is eligible for energy security and diversification efforts undertaken by the United States pursuant to section 2004 of the European Energy Security and Diversification Act of 2019, including by providing Taiwan with access to same liquified natural gas programs as European countries.
Section 664
1401. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2026 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.
Section 665
1402. Chemical agents and munitions destruction, defense Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. Amounts authorized to be appropriated under subsection (a) are authorized for 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).
Section 666
1403. Drug interdiction and counter-drug activities, defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
Section 667
1404. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 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.
Section 668
1405. Defense Health Program Funds are hereby authorized to be appropriated for fiscal year 2026 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.
Section 669
1411. Extension of authorities for funding and management of joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most recently amended by section 1421(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2129), is amended by striking September 30, 2026 and inserting September 30, 2027. Of the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $162,500,000 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. 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).
Section 670
1412. Amendment to National Defense Stockpile shortfall briefings Section 14(f)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5(f)(2)) is amended— by amending subparagraph (A) to read as follows: a list of the materials described in such paragraph and, for each such material— a description of the material; the priority of the material; and the objective to be achieved if funding is provided, in whole or in part, for the acquisition of the material to remedy the shortfall of such material in the stockpile; in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the period at the end and inserting a semicolon; and by adding at the end the following new subparagraphs: verification that the National Defense Stockpile Manager manages and evaluates the stockpile using the most complete and accurate data provided by the military departments (as defined under section 101(a) of title 10, United States Code); the amounts appropriated by Congress to the stockpile for both the current fiscal year and the previous fiscal year; a description of any progress or mitigation plans based on recommendations to address such shortfall that were made in reports submitted under subsection (a) prior to such briefing; a description of the risks resulting from the inability of the armed services to provide comprehensive data for all strategic and critical materials; the cost to remedy all such shortfalls; and the cost to remedy such shortfalls for such materials that are a priority. Not later than February 1, 2026, the Secretary of Defense and the Director of the Defense Logistics Agency shall jointly provide to congressional defense committees a briefing on the progress of implementing the recommendations in the report of the Government Accountability Office titled National Defense Stockpile: Actions Needed to Improve DOD’s Efforts to Prepare for Emergencies and dated September 10, 2024 (GAO-24-106959), including— the specific actions taken to implement such recommendations; an explanation of any obstacles to implementing such recommendations; a description of any planned actions to implement such recommendations; and for each such recommendation not fully implemented as of the date of such briefing, an estimate of the date on which such recommendation will be fully implemented. (A)a list of the materials described in such paragraph and, for each such material— (i)a description of the material;
(ii)the priority of the material; and (iii)the objective to be achieved if funding is provided, in whole or in part, for the acquisition of the material to remedy the shortfall of such material in the stockpile;. (D)verification that the National Defense Stockpile Manager manages and evaluates the stockpile using the most complete and accurate data provided by the military departments (as defined under section 101(a) of title 10, United States Code);
(E)the amounts appropriated by Congress to the stockpile for both the current fiscal year and the previous fiscal year; (F)a description of any progress or mitigation plans based on recommendations to address such shortfall that were made in reports submitted under subsection (a) prior to such briefing;
(G)a description of the risks resulting from the inability of the armed services to provide comprehensive data for all strategic and critical materials; (H)the cost to remedy all such shortfalls; and
(I)the cost to remedy such shortfalls for such materials that are a priority..
Section 671
1413. Beginning balances of the Defense Logistics Agency Working Capital Fund for audit purposes For purposes of an audit conducted under chapter 9A of title 10, United States Code, of the Defense Logistics Agency Working Capital Fund established pursuant to section 2208 of title 10, United States Code, Working Capital Funds— the Fund Balance with Treasury opening balance for October 1, 2024, for United States Standard General Ledger Account 101000 is $3,483,483,641.67, as recorded in official accounting records; the Unexpended Appropriations–Cumulative opening balance for October 1, 2024, for United States Standard General Ledger Account 310000 is $883,887,145.71, as recorded in official accounting records; the Cumulative Results of Operations opening balance for October 1, 2024, for United States Standard General Ledger Account 331000 is $27,271,547,121.85, as recorded in official accounting records; the Contract Authority Carried Forward opening balance for October 1, 2024, for United States Standard General Ledger Account 413900 is $13,130,151,985.39, as recorded in official accounting records; the Total Actual Resources–Collected opening balance for October 1, 2024, for United States Standard General Ledger Account 420100 is $3,578,944,883.86, as recorded in official accounting records; and the Unapportioned–Unexpired Authority opening balance for October 1, 2024, for United States Standard General Ledger Account 445000 is $507,354,134.72, as recorded in official accounting records.
Section 672
1414. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2026 from the Armed Forces Retirement Home Trust Fund the sum of $77,000,000 for the operation of the Armed Forces Retirement Home.
Section 673
1415. Report on prioritization of recovery of rare earth elements from end-of-life equipment Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Logistics Agency, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Department of Defense to prioritize the recovery of rare earth elements from end-of-life equipment of the Department through the Strategic Materials Recovery and Reuse Program. The report required by subsection (a) shall include the following: A description of current activities of the Strategic Materials Recovery and Reuse Program to recover rare earth elements from end-of-life equipment of the Department of Defense. An assessment of planned expansions of the Strategic Materials Recovery and Reuse Program to increase the recovery and recycling of rare earth elements within the United States. A description of the management practices, partnerships, and resource requirements necessary to scale the operations of the Strategic Materials Recovery and Reuse Program to increase the recovery and recycling of rare earth elements within the United States. Recommendations for enhancing the recovery and recycling of rare earth elements domestically under the Strategic Materials Recovery and Reuse Program to support the defense industrial base and reduce the reliance of the Department of Defense on foreign sources for rare earth elements. In this section: The term strategic and critical materials means materials determined by the President to be strategic and critical materials under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)). The term Strategic Materials Recovery and Reuse Program means the program of the Defense Logistics Agency established pursuant to section 6(a)(5) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)(5)) for the recovery of strategic and critical materials available from Federal agencies.
Section 674
1501. Accountability of the Authorization to Operate processes Section 1522 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 2223 note) is amended— in subsection (b)(2)— in subparagraph (C), by striking and at the end; in subparagraph (D), by striking the period at the end and inserting a semicolon; and by adding at the end the following new subparagraphs: defines Department of Defense-wide, mandatory timelines for activities performed by authorizing officials with respect to an Authorization to Operate for cloud-hosted platforms, services, and applications; and establishes processes and policies, developed in coordination with the Chief Information Officers of the military departments, for the boards established in subsections (c) and (d). by redesignating subsections (c) and (d) as subsections (e) and (g), respectively; by inserting after subsection (b) the following new subsections: Not later than 180 days after enactment of this Act, the Secretary of Defense shall establish a board, to be known as the Authority-to-Operate Expedited Appeals Board. The board established under paragraph (1) shall decide whether to grant each Authorization to Operate for which a relevant stakeholder in the Authorization to Operate submission process submits a request in accordance with subparagraph (B) not later than 90 days after the date on which such relevant stakeholder submits such request. A relevant stakeholder in the Authorization to Operate submission process seeking a decision from the board established under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if— a request for such Authorization to Operate was appropriately submitted to the authorizing official for such Authorization to Operate not less than 180 days prior to the submission to the board; and as of the date of such submission, such authorizing official has not made a final decision with respect to such Authorization to Operate. Upon the submission of a request for an Authorization to Operate in accordance with subparagraph (B), the authorizing official for an Authorization to Operate shall cease to have authority to grant or deny such Authorization to Operate. The Secretary of Defense shall ensure that each relevant stakeholder in the Authorization to Operate submission process may submit to the board established under paragraph (1) a request for a decision under paragraph (2). The board established under paragraph (1) shall be composed of the following members: The Chief Information Officer of the Department of Defense. The Commander of the United States Cyber Command. The Director of the Defense Information Systems Agency. Any other official determined appropriate by the chair of such board. The chair of the board established under paragraph (1) shall be the Chief Information Officer of the Department of Defense. The board established under paragraph (1) shall meet not less than frequently than quarterly. The Secretary of Defense may designate a body in the Department of Defense to carry the responsibilities described in paragraph (2) if— the body so designated is in existence as of the date of the enactment of this subsection: and the responsibilities of such body relate to managing risks for information technologies. If the Secretary of Defense designates a body under subparagraph (A)— paragraph (1) shall not apply with respect to the Secretary; and such body shall be deemed to be a board established in such military department under paragraph (1) for the purposes of paragraphs (2) and (3). If the body designated by the Secretary of Defense under this paragraph ceases to exist or becomes permanently unable to carry out the responsibilities described in paragraph (2), the Secretary may designate another body in the Department of Defense to carry out such responsibilities or establish a board in accordance with paragraph (1), except that the Secretary shall establish such board not later than 180 days after the date on which the body designated by the Secretary under this paragraph ceases to exist or becomes permanently unable to carry out such responsibilities. Not later than 180 days after enactment of this Act, each Secretary of a military department shall establish in such military department a board. Each board established in a military department under paragraph (1) shall decide whether to grant each Authorization to Operate for which a relevant stakeholder in the Authorization to Operate submission process submits a request in accordance with subparagraph (B) not later than 90 days after the date on which such relevant stakeholder submits such request. A relevant stakeholder in the Authorization to Operate submission process seeking a decision from a board established in a military department under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if— a request for such Authorization to Operate was appropriately submitted to the authorizing official for such Authorization to Operate not less than 180 days prior to the submission to the board; the Authorization to Operate is for an information system of such military department; and as of the date of such submission, the authorizing official for such Authorization to Operate has not made a final decision with respect such Authorization to Operate. Upon the submission of a request for an Authorization to Operate in accordance with subparagraph (B), the authorizing official for an Authorization to Operate shall cease to have authority to grant or deny such Authorization to Operate. The Secretary concerned for a military department shall ensure that each relevant stakeholder in the Authorization to Operate submission process may submit to the board established in such military department under paragraph (1) a request for a decision under paragraph (2). A board established in a military department under paragraph (1) shall be composed of the following members: The Chief Information Officer of such military department. The service acquisition executive of such military department. The commanders of the relevant service cyber components. Any other official determined appropriate by the chair of such board. The chair of a board established in a military department under paragraph (1) shall be the Chief Information Officer of such military department. Each board established under paragraph (1) shall meet not less than frequently than quarterly. The Secretary of a military department may designate a body in such military department to carry the responsibilities of described in paragraph (2) if— the body so designated is in existence as of the date of the enactment of this subsection: and the responsibilities of such body relate to managing risks for information technologies. If the Secretary of a military department designates a body under subparagraph (A)— paragraph (1) shall not apply with respect to such Secretary; and such body shall be deemed to be a board established in such military department under paragraph (1) for the purposes of paragraphs (2) and (3). If the body designated by the Secretary of a military department under this paragraph ceases to exist or becomes permanently unable to carry out the responsibilities described in paragraph (2), the Secretary may designate another body in such military department to carry out such responsibilities or establish a board in accordance with paragraph (1), except that the Secretary shall establish such board not later than 180 days after the date on which the body designated by the Secretary under this paragraph ceases to exist or becomes permanently unable to carry out such responsibilities. by inserting after subsection (e), as so redesignated, the following new subsection: Not later than six months after the date of the enactment of this subsection, and every six months thereafter under October 1, 2031, the Secretary of Defense shall submit to the congressional defense committees a report on activities under this section in the six-month period ending on the date of the submission of such report. Each report required under paragraph (1) shall include, for the period covered by such report— the number of new Authorizations to Operate; the number of Authorizations to Operate evaluated; the number of requests for Authorizations to Operate that were denied; the number of requests for Authorizations to Operate submitted to the board established under subsection (c); the number of requests for Authorizations to Operate resolved by the board established under subsection (c); the number of requests for Authorizations to Operate submitted to a board established under subsection (d); the number of requests for Authorizations to Operate resolved by a board established under subsection (d); the average length of time required for a capability to receive an Authorization to Operate in accordance with the organization’s implementation of the risk management framework publish by the National Institution of Standards and Technology in NIST Special Publication 800-37, or any amendatory or superseding document thereto; the number of Authorizations to Operate issued pursuant to the policy required by subsection (b); the number of requested reciprocal Authorizations to Operate denied due to insufficiency of supporting evidence; and a narrative summary identifying deficiencies in Bodies of Evidence packages that prevented an authorizing official from adopting the security analysis and artifacts, as appropriate, of a cloud-hosted platform, service, or application that has already been authorized by another authorizing official in the Department of Defense in accordance with the policy required by subsection (b). (E)defines Department of Defense-wide, mandatory timelines for activities performed by authorizing officials with respect to an Authorization to Operate for cloud-hosted platforms, services, and applications; and (F)establishes processes and policies, developed in coordination with the Chief Information Officers of the military departments, for the boards established in subsections (c) and (d).; (c)Establishment of Authority-to-Operate Expedited Appeals Board for the Department of Defense
(1)In generalNot later than 180 days after enactment of this Act, the Secretary of Defense shall establish a board, to be known as the Authority-to-Operate Expedited Appeals Board. (2)Responsibilities (A)In generalThe board established under paragraph (1) shall decide whether to grant each Authorization to Operate for which a relevant stakeholder in the Authorization to Operate submission process submits a request in accordance with subparagraph (B) not later than 90 days after the date on which such relevant stakeholder submits such request.
(B)SubmissionA relevant stakeholder in the Authorization to Operate submission process seeking a decision from the board established under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if— (i)a request for such Authorization to Operate was appropriately submitted to the authorizing official for such Authorization to Operate not less than 180 days prior to the submission to the board; and
(ii)as of the date of such submission, such authorizing official has not made a final decision with respect to such Authorization to Operate. (C)Authorizing official authorityUpon the submission of a request for an Authorization to Operate in accordance with subparagraph (B), the authorizing official for an Authorization to Operate shall cease to have authority to grant or deny such Authorization to Operate.
(3)Submission for considerationThe Secretary of Defense shall ensure that each relevant stakeholder in the Authorization to Operate submission process may submit to the board established under paragraph (1) a request for a decision under paragraph (2). (4)Board requirements (A)MembershipThe board established under paragraph (1) shall be composed of the following members:
(i)The Chief Information Officer of the Department of Defense. (ii)The Commander of the United States Cyber Command.
(iii)The Director of the Defense Information Systems Agency. (iv)Any other official determined appropriate by the chair of such board.
(B)ChairThe chair of the board established under paragraph (1) shall be the Chief Information Officer of the Department of Defense. (C)FrequencyThe board established under paragraph (1) shall meet not less than frequently than quarterly.
(5)Existing forum
(A)In generalThe Secretary of Defense may designate a body in the Department of Defense to carry the responsibilities described in paragraph (2) if— (i)the body so designated is in existence as of the date of the enactment of this subsection: and
(ii)the responsibilities of such body relate to managing risks for information technologies. (B)EffectsIf the Secretary of Defense designates a body under subparagraph (A)—
(i)paragraph (1) shall not apply with respect to the Secretary; and (ii)such body shall be deemed to be a board established in such military department under paragraph (1) for the purposes of paragraphs (2) and (3).
(C)DissolutionIf the body designated by the Secretary of Defense under this paragraph ceases to exist or becomes permanently unable to carry out the responsibilities described in paragraph (2), the Secretary may designate another body in the Department of Defense to carry out such responsibilities or establish a board in accordance with paragraph (1), except that the Secretary shall establish such board not later than 180 days after the date on which the body designated by the Secretary under this paragraph ceases to exist or becomes permanently unable to carry out such responsibilities. (d)Establishment of Authority-to-Operate Expedited Appeals Board for the military departments (1)In generalNot later than 180 days after enactment of this Act, each Secretary of a military department shall establish in such military department a board.
(2)Responsibilities
(A)In generalEach board established in a military department under paragraph (1) shall decide whether to grant each Authorization to Operate for which a relevant stakeholder in the Authorization to Operate submission process submits a request in accordance with subparagraph (B) not later than 90 days after the date on which such relevant stakeholder submits such request. (B)SubmissionA relevant stakeholder in the Authorization to Operate submission process seeking a decision from a board established in a military department under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if—
(i)a request for such Authorization to Operate was appropriately submitted to the authorizing official for such Authorization to Operate not less than 180 days prior to the submission to the board; (ii)the Authorization to Operate is for an information system of such military department; and
(iii)as of the date of such submission, the authorizing official for such Authorization to Operate has not made a final decision with respect such Authorization to Operate. (C)Authorizing official authorityUpon the submission of a request for an Authorization to Operate in accordance with subparagraph (B), the authorizing official for an Authorization to Operate shall cease to have authority to grant or deny such Authorization to Operate.
(3)Submission capabilityThe Secretary concerned for a military department shall ensure that each relevant stakeholder in the Authorization to Operate submission process may submit to the board established in such military department under paragraph (1) a request for a decision under paragraph (2). (4)Board requirements (A)MembershipA board established in a military department under paragraph (1) shall be composed of the following members:
(i)The Chief Information Officer of such military department. (ii)The service acquisition executive of such military department.
(iii)The commanders of the relevant service cyber components. (iv)Any other official determined appropriate by the chair of such board.
(B)ChairThe chair of a board established in a military department under paragraph (1) shall be the Chief Information Officer of such military department. (C)FrequencyEach board established under paragraph (1) shall meet not less than frequently than quarterly.
(5)Existing forum
(A)In generalThe Secretary of a military department may designate a body in such military department to carry the responsibilities of described in paragraph (2) if— (i)the body so designated is in existence as of the date of the enactment of this subsection: and
(ii)the responsibilities of such body relate to managing risks for information technologies. (B)EffectsIf the Secretary of a military department designates a body under subparagraph (A)—
(i)paragraph (1) shall not apply with respect to such Secretary; and (ii)such body shall be deemed to be a board established in such military department under paragraph (1) for the purposes of paragraphs (2) and (3).
(C)DissolutionIf the body designated by the Secretary of a military department under this paragraph ceases to exist or becomes permanently unable to carry out the responsibilities described in paragraph (2), the Secretary may designate another body in such military department to carry out such responsibilities or establish a board in accordance with paragraph (1), except that the Secretary shall establish such board not later than 180 days after the date on which the body designated by the Secretary under this paragraph ceases to exist or becomes permanently unable to carry out such responsibilities.; and (f)Biannual report
(1)In generalNot later than six months after the date of the enactment of this subsection, and every six months thereafter under October 1, 2031, the Secretary of Defense shall submit to the congressional defense committees a report on activities under this section in the six-month period ending on the date of the submission of such report. (2)ContentsEach report required under paragraph (1) shall include, for the period covered by such report—
(A)the number of new Authorizations to Operate; (B)the number of Authorizations to Operate evaluated;
(C)the number of requests for Authorizations to Operate that were denied; (D)the number of requests for Authorizations to Operate submitted to the board established under subsection (c);
(E)the number of requests for Authorizations to Operate resolved by the board established under subsection (c); (F)the number of requests for Authorizations to Operate submitted to a board established under subsection (d);
(G)the number of requests for Authorizations to Operate resolved by a board established under subsection (d); (H)the average length of time required for a capability to receive an Authorization to Operate in accordance with the organization’s implementation of the risk management framework publish by the National Institution of Standards and Technology in NIST Special Publication 800-37, or any amendatory or superseding document thereto;
(I)the number of Authorizations to Operate issued pursuant to the policy required by subsection (b); (J)the number of requested reciprocal Authorizations to Operate denied due to insufficiency of supporting evidence; and
(K)a narrative summary identifying deficiencies in Bodies of Evidence packages that prevented an authorizing official from adopting the security analysis and artifacts, as appropriate, of a cloud-hosted platform, service, or application that has already been authorized by another authorizing official in the Department of Defense in accordance with the policy required by subsection (b)..
Section 675
1502. Codification of the National Centers of Academic Excellence in Cybersecurity The Director of Cyber Academic Engagement Office shall manage the National Centers of Academic Excellence in Cyber program. In managing the Program, the Director shall— consult with the Director of the National Security Agency, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, the Director of the National Institute of Standards and Technology, the Director of the Federal Bureau of Investigation, and the Director of the National Science Foundation, to ensure that the cyber education programs and educational resource development efforts and programs of the Federal Government do not compete or conflict with each other; consult with the heads of other appropriate Federal agencies and representatives of appropriate private sector entities, academic institutions, and other organizations as determined necessary by the Director to make the designations under subsection (b); and manage instructional and participatory opportunities available through the efforts, programs, initiatives, and investments from primary through postsecondary levels accounted for in the report required under section 1649 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1758). In addition the responsibilities under subsection (a)(2), in carrying out the Program, the Director shall designate academic institutions as National Centers of Academic Excellence in one or more of cyber defense, cyber operations, and cyber research. The Director shall make the designations under paragraph (1) based on the following: Academic requirements and best practices identified by the Director in consultation with Departments and Agencies enabling the development of educational programs reflecting the full range of cyber work roles specified in the Defense Cyber Workforce Framework, the National Initiative on Cyber Education Workforce Framework for Cyber published by the National Institute of Standards and Technology in NIST Special Publication 800–181, Revision 5, or any successor framework. Institutional criteria and requirements emphasizing the following: Outreach to the surrounding community of an eligible academic institution. Leadership in contributing to the development of a national cyber workforce, including cultivating educational institution faculty and research leaders. Leadership in the development of educational and performance expectations for cyber professionals, including through curriculum and degree offerings to prepare future cyber professionals of all knowledge and skill levels. Demonstrated commitment to implementing cyber best practices within the eligible academic institution across academic disciplines. Demonstrated commitment to seek solutions to challenges in addressing Federal, State, local, territorial, and Tribal level Cyber education needs. Regional accreditation from one of the six regional accrediting agencies recognized by the Federal Department of Education providing external review to assure quality and ongoing improvement. Increasing collaboration within the cyber education community to support development and sharing of educational materials and curriculum. Increasing collaboration with private sector entities and government employers at the Federal, State, local, territorial, and Tribal levels to further define workforce requirements and assist in defining academic requirements to prepare students for the field of cyber. The Director shall— collaborate with the individuals described in subsection (a)(2)(A) to identify metrics and annual data reporting requirements necessary to assess the degree to which the Program is meeting the objectives of the Program; and ensure adequate data and best practices are made available to the individuals described in subsection (a)(2)(A) to measure the efficacy of the Program and the benefits provided to individuals participating in the Program and to the Department compared to costs of the Program paid by academic institutions participating in the Program and sponsors of the Program. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Director shall submit to Congress a report on the benefits provided to individuals participating in the Program and to the Department compared to costs of the Program paid by academic institutions participating in the program and sponsors of the Program. In this section: The term academic institution means an eligible and current United States community college, college, academy, institute, or university in the United States for designation under the Program. The term Cyber Academic Engagement Office means the office established under section 2192c(a) of title 10, United States Code. The term Director means the Director of the Cyber Academic Engagement Office. The term Program means the National Centers of Academic Excellence in Cyber program.
Section 676
1503. Assessment of Cyber Operational Support to geographic combatant commands Not later than one year after the date of the enactment of this Act, each commander of a unified combatant command, other than the Commander of the United States Cyber Command, shall submit to the congressional defense committees a report assessing the sufficiency of support provided by the Commander of United States Cyber Command in carrying out the mission of such unified combatant command. Each report submitted by a commander of a unified combatant command under subsection (a) shall include an evaluation of— the ability of the United States Cyber Command and the service cyber components to provide to such combatant command capabilities that align with the operational requirements of such commander, including capabilities to support such commander acting with respect to targets on the joint integrated prioritized target list of such commander; and such other matters as determined appropriate by such commander.
Section 677
1504. Limitation on the divestment, consolidation, and curtailment of certain electronic warfare test and evaluation activities The Secretary of the Army shall not take any action to divest, consolidate, or curtail any electronic warfare test and evaluation activities that were part of an Army element of the Major Range and Test Facility Base on or before the date of the enactment of this Act until the Secretary submits to the congressional defense committees the report described in subsection (b). The report described in this subsection is a report on a decision of the Secretary to divest, consolidate, or curtail an electronic warfare test or evaluation activity described in subsection (a) that contains the following: A description of the analytic basis used by the Secretary for making the decision, including matters relating to any cost, workload, and workforce requirements, as well as any analysis relating to operational impact on users of the activities. The findings from an independent review by the Director of the Office of Cost Assessment and Program Evaluation of all analyses described in paragraph (1). A certification by the Director of the Test Resource Management Center that the analyses described in paragraph (1) and the decision of the Secretary meet the requirement of the Department of Defense, as required by section 4173(c)(1)(B) of title 10, United States Code.
Section 678
1505. Incentivization plan for critical skills for members of the Armed Forces to carry out Department of Defense cyber operations The Secretary of Defense, in consultation with the Commander of the United States Cyber Command, shall develop and implement a plan to incentivize critical skills and proficiencies for covered members of the Armed Forces required to carry out Department of Defense cyber operations. The plan required under subsection (a) shall include the following: An identification of critical skills and proficiencies required by covered members of the Armed Forces to carry out Department of Defense cyber operations. A process for reassessment of critical skills and identification of lessons learned with respect to such operations. An identification of skill sets related to such operations that should require periodic recertification. Estimated personnel levels required for each skill set and proficiency related to such operations. A process for identifying personnel levels and skills of covered members of the Armed Forces that may be useful for such operations. A process for providing continuation or certification pay for each skill set needed for such operations. An anticipated budget for incentives to be used with— the level of cyber operations personnel as of the date of the enactment of this Act; and a level of cyber operations personnel that the Secretary considers to be full capacity. Not later than March 1, 2026, the Secretary of the Defense shall submit to the congressional defense committees a report containing the plan required under subsection (a). In this section, the term covered members of the Armed Forces means members of the Army, Navy, Air Force, Marine Corps, and Space Force.
Section 679
1506. Evaluation of Joint Task Force-Cyber for the Indo-Pacific Area of responsibility Not later than July 1, 2026, the Secretary of Defense, acting through the Assistant Secretary of Defense for Cyber Policy, in collaboration with the Vice Chairman of the Joint Chiefs of Staff, the Commander of United States Cyber Command, and the Commander of United States Indo-Pacific Command, shall conduct a comprehensive evaluation and provide recommendations on establishing a Joint Task Force-Cyber for the Indo-Pacific Command area of responsibility. The evaluation required under subsection (a) shall include the following: An assessment of cyber force employment requirements and capabilities for the Indo-Pacific Command area of responsibility. An assessment of the operational requirements for Joint Task Force-Cyber elements in each geographic combatant command area of operations. An analysis of the optimal command and control structures for the elements of Joint Task Force-Cyber, including— the designation of Joint Task Force Establishing Authority described in Joint Publication 3-33 of the Joint Task Force Headquarters (January 31, 2018); the alignment of operational control and tactical control authorities over subordinate forces assigned to Joint Task Force-Cyber; and concurrent Joint Task Force Establishing Authority management structures between United States Cyber Command and the United States Indo-Pacific Command. An assessment of force structure requirements, including— the subordinate forces to be assigned to each planned element of Joint Task Force-Cyber, including— Joint Forces Headquarters Cyber of the Navy; Joint Task Force Ares; Task Force Two of the Cyber National Mission Force; and Forward Information Warfare Command Pacific of the Navy; the personnel and resources required to carry out the mission of Joint Task Force-Cyber; and sources of personnel required to meet such personnel requirements. An evaluation of the integration and sustainment of cyber capabilities and effects. An identification of supporting infrastructure requirements for the Indo-Pacific Command to conduct cyber activities in support of the military objects of the Indo-Pacific Command. A description of potential missions and lines of effort for elements of Joint Task Force-Cyber. Such other matters as the Assistant Secretary of Defense for Cyber Policy and the Vice Chairman of the Joint Chiefs of Staff determine appropriate. The evaluation required under subsection (a) shall include a comprehensive implementation plan for establishing Joint Task Force-Cyber for the United States Indo-Pacific Command area of responsibility that is based, as determined appropriate, on the findings of such evaluation. Not later than July 1, 2026, the Assistant Secretary of Defense for Cyber Policy, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of United States Cyber Command shall jointly submit to the Secretary of Defense and the congressional defense committees a report containing— the results of the evaluation required under subsection (a); the implementation plan required under subsection (c); the views from each of the geographic combatant commands regarding the findings of such evaluation and such implementation plan; and recommendations for legislative or administrative actions required to implement such implementation plan.
Section 680
1511. Annual report on weapon systems data accessibility and security Not later than April 30, 2026, and annually thereafter until September 30, 2030, the Secretary of Defense, in coordination with the Secretary of the Army, Secretary of the Navy, and Secretary of the Air Force, shall submit to the congressional defense committees a report analyzing the weapons platforms of the Department of Defense that lack onboard, real-time cybersecurity capabilities. Each annual report submitted under subsection (a) shall include, for each weapons platform analyzed in such report, the following: An explanation of why onboard, real-time cybersecurity capabilities have not yet been integrated into such weapons platform. An estimate of the cost to implement onboard, real-time cybersecurity capabilities into such weapons platform to enable monitoring and detection of cyber intrusions. A timeline, correlated with the cost estimate required under paragraph (2), to implement onboard, real-time cybersecurity capabilities across the entire inventory of the Department of Defense of such weapons platform. In this section, onboard, real-time cybersecurity capabilities means technologies integrated into a weapons platform that mitigate cyber risks to operation, including serial bus monitoring capabilities or runtime application self-protection capabilities.
Section 681
1512. Incorporation of artificial intelligence considerations into annual cybersecurity training Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Chief Information Officer of the Department of Defense, shall revise the mandatory annual training on cybersecurity for members of the Armed Forces and civilian employees of the Department of Defense to include content related to the unique cybersecurity challenges posed by the use of artificial intelligence. Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the training described in subsection (a) has been revised as required by such subsection, the Chief Information Officer of the Department of Defense shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the progress of such revision.
Section 682
1513. Update to cyber security requirements for telecommunications contracts Not later than 180 days after the date of enactment of this Act, the Secretary of the Navy shall implement regulations requiring that each covered telecommunications contract includes updated cyber security requirements for Department wireless telecommunication devices to protect against domestic and international cybersecurity attacks, including SS7 signaling attacks, diameter signaling attacks, SIM hacking, and simulated cellular sites. The cyber security requirements required to be included in covered telecommunication contracts under subsection (a) shall include the following: Disabling the use of 2G and 3G telecommunication networks by Department wireless telecommunication devices, and security vulnerabilities in inbound and outbound Signaling System 7 traffic from foreign countries and operators of foreign telecommunications networks. Providing protection against all categories of Diameter protocol exploitation, including Category 0 non-application information, Category 1 application ID and command codes, Category 2 application-specific values, and Category 3 location and time. Enabling and facilitating rotation of traditionally persistent alphanumeric identifiers used to authentic users, including the international mobile subscriber identity for users, including the international mobile subscriber identity. Real-time monitoring and blocking of suspicious connections and requests that pose a high risk to cybersecurity, including any connection or request that would force a Department wireless telecommunication device to use a 3G telecommunication network, improperly filtered signaling traffic, and connections or requests that do not match the location of the subscriber, as well as real-time alerting when a user of Department wireless telecommunication device is targeted by a high-risk connection or request. Encrypting data and call sessions, encrypting call data records in storage, and storing call data records not longer than 60 days. Apply modern cryptographic protections to prevent the ability to transfer phone numbers between devices and disabling user requests to transfer phone numbers between devices. Hosting the software infrastructure for the mobile network in a commercial cloud computing environment and making publicly available quarterly cybersecurity audits conducted by independent auditors on behalf of the Department of Defense. Not later than 180 days after the date of enactment of this Act, the Secretary of the Navy shall certify to the congressional defense committees that the Secretary of the Navy has implemented the regulations required by subsection (a). In this section: The term covered telecommunications contract means a contract— that is entered into under the multiple award contract (as defined in section 3302(a) of title 41, United States Code) described in the memorandum of the Department of Defense entitled DoD UNCLASSIFIED Wireless Mobile Services and Devices Spiral 4 and dated May 23, 2024; or under which the Navy acquires wireless telecommunication services or devices. The term Department wireless telecommunication device means a wireless telecommunication device— acquired under a covered telecommunications contract; or that is using wireless telecommunication services under a covered telecommunications contract.
Section 683
1514. Federal contractor vulnerability disclosure policy Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, the Director of the National Institute of Standards and Technology, and any other appropriate head of an Executive department, shall— review the Federal Acquisition Regulation contract requirements and language for contractor vulnerability disclosure programs; and recommend updates to such requirements and language to the Federal Acquisition Regulation Council. The recommendations required by paragraph (1) shall include updates to such requirements designed to ensure that covered contractors implement a vulnerability disclosure policy consistent with NIST guidelines for contractors as required under section 5 of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3c; Public Law 116–207). Not later than 180 days after the date on which the recommended contract language developed pursuant to subsection (a) is received, the Federal Acquisition Regulation Council shall review the recommended contract language and update the FAR as necessary to incorporate requirements for covered contractors to receive information about a potential security vulnerability relating to an information system owned or controlled by a contractor, in performance of the contract. The update to the FAR pursuant to subsection (b) shall— to the maximum extent practicable, align with the security vulnerability disclosure process and coordinated disclosure requirements relating to Federal information systems under sections 5 and 6 of the IoT Cybersecurity Improvement Act of 2020 (Public Law 116–207; 15 U.S.C. 278g–3c and 278g–3d); and to the maximum extent practicable, be aligned with industry best practices and Standards 29147 and 30111 of the International Standards Organization (or any successor standard) or any other appropriate, relevant, and widely used standard. The head of an agency may waive the security vulnerability disclosure policy requirement under subsection (b) if— the agency Chief Information Officer determines that the waiver is necessary in the interest of national security or research purposes; and if, not later than 30 days after granting a waiver, such head submits a notification and justification (including information about the duration of the waiver) to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review the Department of Defense Supplement to the Federal Acquisition Regulation contract requirements and language for contractor vulnerability disclosure programs and develop updates to such requirements designed to ensure that covered contractors implement a vulnerability disclosure policy consistent with NIST guidelines for contractors as required under section 5 of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3c; Public Law 116–207). Not later than 180 days after the date on which the review required under subsection (a) is completed, the Secretary shall revise the DFARS as necessary to incorporate requirements for covered contractors to receive information about a potential security vulnerability relating to an information system owned or controlled by a contractor, in performance of the contract. The Secretary shall ensure that the revision to the DFARS described in this subsection is carried out in accordance with the requirements of paragraphs (1) and (2) of subsection (c). The Chief Information Officer of the Department of Defense, in consultation with the National Manager for National Security Systems, may waive the security vulnerability disclosure policy requirements under paragraph (2) if the Chief Information Officer— determines that the waiver is necessary in the interest of national security or research purposes; and not later than 30 days after granting a waiver, submits a notification and justification (including information about the duration of the waiver) to the Committees on Armed Services of the House of Representatives and the Senate. In this section: The term agency has the meaning given the term in section 3502 of title 44, United States Code. The term covered contractor means a contractor (as defined in section 7101 of title 41, United States Code)— whose contract is in an amount the same as or greater than the simplified acquisition threshold; or that uses, operates, manages, or maintains a Federal information system (as defined by section 11331 of title 40, United Stated Code) on behalf of an agency. The term DFARS means the Department of Defense Supplement to the Federal Acquisition Regulation. The term Executive department has the meaning given that term in section 101 of title 5, United States Code. The term FAR means the Federal Acquisition Regulation. The term NIST means the National Institute of Standards and Technology. The term OMB means the Office of Management and Budget. The term security vulnerability has the meaning given that term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650). The term simplified acquisition threshold has the meaning given that term in section 134 of title 41, United States Code.
Section 684
1515. Strategy to defend against risks posed by the use of artificial intelligence Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in consultation with the officials described in paragraph (3), shall submit to Congress a report that includes the following: A description of interagency policies and procedures to defend the defense industrial base, cybersecurity capabilities, supply chains, and physical and operational security of the United States from the national and economic security risks posed by the use of artificial intelligence in the commission of information espionage and cyber attacks. An itemized list of readily available resources, hardware, software, and technologies that can be immediately used to combat the use of artificial intelligence in the commission of information espionage and cyber attacks. An itemized list of resources, hardware, software, technologies, people, and budgetary estimates needed to help Federal agencies combat the use of artificial intelligence in the commission of information espionage and cyber attacks. Each report required by paragraph (1) shall take the following risks into consideration the following: Deepfakes. Voice cloning. Non-kinetic autonomous weapons systems. Synthetic Identities. Enhanced cyber capabilities and automated cyber attacks. Overall digital flashpoint scenarios and escalation through speed. The officials described in this paragraph are the heads of the following: The Office of the Under Secretary of Defense for Policy. The Defense Innovation Unit. The United States Cyber Command. The Office of Science and Technology Policy in the Executive Office of the President. The Office of Strategic Capital. The Chief Digital and Artificial Intelligence Office. Not later than 90 days after the submission of a report under subsection (a), the Secretary of Defense shall submit to Congress a set of recommendations relating to such report that contains the following: Recommendations for legislation to address the risks posed by the use of artificial intelligence in the commission of information espionage and cyber attacks. Best practices to assist United State businesses and government entities with risk mitigation and incident response to address the risks posed by the use of artificial intelligence in the commission of information espionage and cyber attacks.
Section 685
1521. Biological data for artificial intelligence Not later than one year after the enactment of this Act, the Secretary of Defense shall develop and implement requirements that ensure qualified biological data resources created by research entirely funded by the Department of Defense are collected and stored in a manner that facilitates the use of such qualified biological data resources for advanced computational methods, including artificial intelligence. The requirements implemented under subsection (a) shall include the following: A definition of the term qualified biological data resource for the purposes of such requirements, which shall be based on one or more of the following criteria: The type of biological data generated. The size of collection of such biological data. The amount of Federal funds awarded to the research that created such qualified biological data resource. The level of sensitivity of the biological data generated. Any other factor determined appropriate by the Secretary of Defense. Guidance on the metrics and metadata included under such requirements to indicate data quality, including usability, interoperability, and completeness. Requirements for tiered levels of cybersecurity safeguards and access controls for the storage of biological data. Exceptions to such requirements, including for biological data that may implicate national security. Requirements for the protection of the privacy of individuals. In developing and implementing the requirement under subsection (a), the Secretary shall consult with the Secretaries of the Armed Forces, the heads of the research laboratories of each of the Armed Services, and private sector and academia recipients of funding for research from the Department of Defense to ensure that such requirements are not overly burdensome. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report describing the progress made in developing and implementing the requirements under subsection (a), including— the quantity of the biological data generated and stored in accordance with such requirement and accessible through application programming interfaces; user engagement with biological data in accordance with such requirements.
Section 686
1522. Procurement of best-in-class cyber data products and services Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Chief Information Officer, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on plans to establish an open and competitive process pursuant to section 1521 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2224 note) to provide best-in-class cybersecurity solutions (including endpoint, identity, and threat hunting solutions) and the benefits associated with the use of multiple different cybersecurity providers to support operational resilience of Department of Defense information networks.
Section 687
1531. Artificial intelligence and machine learning security in the Department of Defense Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall develop and implement a Department-wide policy for the cybersecurity and governance of artificial intelligence and machine learning, as well as the models for artificial intelligence and machine learning used in national defense applications. The policy required under paragraph (1) shall address the following: Protection against security threats specific to artificial intelligence and machine learning, including model serialization attacks, model tampering, data leakage, adversarial prompt injection, model extraction, model jailbreaks, and supply chain attacks. Use of cybersecurity measures throughout the life cycle of systems using artificial intelligence or machine learning. Adoption of industry-recognized frameworks to guide the development and implementation of artificial intelligence and machine learning security best practices. Standards for governance, testing, auditing, and monitoring of systems using artificial intelligence and machine learning to ensure the integrity and resilience of such systems. Training requirements for the workforce of the Department of Defense to ensure personnel are prepared to identify and mitigate vulnerabilities that are specific to artificial intelligence and machine learning. The Secretary of Defense shall conduct a comprehensive review to identify and assess the effectiveness of the artificial intelligence and machine learning cybersecurity and governance practices of the Department of Defense. Not later than August 31, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the findings of the review conducted under subparagraph (A). The report required under clause (i) shall include— an assessment of the current security practices for artificial intelligence and machine learning across the Department of Defense; an assessment of the cybersecurity risks posed by the use of authorized and unauthorized artificial intelligence software, including models developed by companies headquartered in or operating from foreign countries of concern, by the Department; an identification of gaps in the existing security measures of the Department related to threats specific to the use of artificial intelligence and machine learning; an analysis of the potential of security management, access, and runtime capabilities for artificial intelligence in the commercial sector for use by the Department to defend system using artificial intelligence from threats, minimize data exposure resulting from the use of such systems, and maintain the trustworthiness of applications of the Department that use artificial intelligence; an evaluation of the alignment of the policies of the Department with industry frameworks; recommend actions to enhance the security, integrity, and governance of artificial intelligence and machine learning models used by the Department; and an identification of any additional authorities, resources, or legislative actions required for the Department to effectively implement artificial intelligence and machine learning model security policy required by paragraph (1). Any policy, regulation, guidance, or requirement issued by the Department of Defense relating to the use, submission, or maintenance of a software bill of materials shall also apply to an artificial intelligence software bill of materials, to the extent practicable, for all artificial intelligence systems, models, and software used, developed, or procured by the Department. Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, acting through the Chief Digital and Artificial Intelligence Officer of the Department of Defense and Chief Information Officer of the Department of Defense, shall revise the regulations, guidance, and policies of the Department of Defense to comply with paragraph (1), including guidance and standards for artificial intelligence software bill of materials, in accordance with the best practices for software bill of materials. Not later than one year after the date of the enactment of this Act, the Secretary of the Department of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on— the status of the implementation of requirements for artificial intelligence software bill of materials under this subsection, including challenges, recommendations, and potential legislative or regulatory modifications needed to enhance the effectiveness of such implementation; the feasibility and necessity to update Department of Defense Instruction 5000.87, Operation of the Software Acquisition Pathway (October 2, 2020) and the software acquisition pathway established under section 3603 of title 10, United States Code, with requirements for artificial intelligence software bill of materials and more detailed software bill of materials in the procurement of software, hardware, artificial intelligence technologies, and cryptographic technologies; and the estimated costs for the implementation of the policies for artificial intelligence software bill of materials and more detailed software bill of materials required under this subsection and described in subparagraph (B), including for any new systems or investments required to support greater implementation and adoption by the Department of Defense of artificial intelligence. In this section: The terms artificial intelligence and machine learning have the meanings given such terms, respectively, in section 5001 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401). The term artificial intelligence software bill of materials means the records kept in the normal course of business that identify each component, library, and dependency comprising an artificial intelligence software application. The term software bill of materials means the records kept in the normal course of business that identify each component, library, and dependency comprising a software application.
Section 688
1532. Pilot program for data-enabled fleet maintenance Not later than 90 days after the date of the enactment of this Act, the Secretary concerned for a covered armed force, in consultation with the Chief Digital and Artificial Intelligence Officer of the Department of Defense, shall establish in such covered armed force a pilot program under which the covered armed force shall use commercially available artificial intelligence technologies to improve the maintenance of ground vehicles performed by such covered armed force. Under the pilot program established under subsection (a), the Secretary concerned shall— assess the feasibility and effectiveness of artificial intelligence-driven approaches in improving maintenance regimes for ground vehicles; assess the cost savings resulting from the use of artificial intelligence technology for the maintenance of ground vehicles; and identify and mitigate potential challenges and risks associated with the integration of artificial intelligence technology for modernized maintenance of ground vehicles, including cybersecurity concerns. Not later than one year after the date of the enactment of this Act, each Secretary concerned for a covered armed force shall submit to Committees on Armed Services of the House of Representatives and the Senate a report on the activities performed under the pilot program established under subsection (a) in such covered armed force. The authority to carry out a pilot program under subsection (a) shall terminate on January 1, 2029. In this section: The term covered armed force means the Army, Navy, or Air Force. The term Secretary concerned has the meaning given such term in section 101(a) of title 10, United States Code.
Section 689
1533. Generative artificial intelligence for national defense Subject to the availability of appropriations, the Secretary of Defense shall carry out not less than two and not more than 12 generative artificial intelligence efforts to enhance the national security of the United States and the capabilities of the Department of Defense and to accelerate the adoption to generative artificial intelligence capabilities at the Department of Defense. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall designate an organization in the Department of Defense which shall be responsible for managing and coordinating the efforts under subsection (a). In managing the efforts under subsection (a), the head of the organization designated under subsection (b), in coordination with the Chairman of the Joint Chiefs of Staff and the commanders of the combatant commands, shall evaluate how generative artificial intelligence can enhance the efficiency and improve the mission effectiveness of the Department of Defense with respect to the following: Damage assessment from battlefield imagery and video. Human and machine teaming interfaces. Cybersecurity. Mission analysis. Order of battle. Mission planning. Intelligence collection and analysis. Any other areas the Chairman of the Joint Chiefs of Staff or the commanders of the combatant commands determine appropriate in addressing existing or anticipated mission requirements of the Department of Defense.
Section 690
1534. Reports on AI use for business processes Not later than 180 days after the date of the enactment of this section, and annually thereafter as determined necessary, the Chief Information Officer of the Department of Defense, in coordination with the Chief Information Officers of each military department (as defined in section 101(a) of title 10, United States Code), shall submit to the congressional defense committees a report analyzing the use of artificial intelligence tools and capabilities across the business process of the Department of Defense for the purposes of establishing guidelines for the appropriate use of artificial intelligence across the Department. The Chief Information Officer of the Department of Defense shall use market research in conducting the analysis required for the report under subsection (a). The report required under subsection (a) shall include the following: An overview of the use by the Department of Defense of artificial intelligence tools and capabilities, including commercial technologies, in business processes of the Department. An overview of how the Department of Defense will carry out ongoing market research of emerging and commercial artificial intelligence tools and capabilities for the modernization of defense business systems (as defined in section 2222(i) of title 10, United States Code) to ensure the Department may leverage advancements by domestic industry. An analysis of the current and future costs to the Department of Defense from the use of artificial intelligence tools and capabilities for the modernization of defense business systems (as defined in section 2222(i) of title 10, United States Code), including the cost of infrastructure required to support such tools and capabilities and cloud computing. Such other information that the Chief Information Officer of the Department of Defense determines appropriate.
Section 691
1541. Modification to certification requirement regarding contracting for military recruiting Section 1555 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 581; 10 U.S.C. 503 note) is amended— in subsection (a), by striking does not and all that follows through the end and inserting the following: does not— rate or rank news or information sources for the factual accuracy of their content; provide ratings or opinions on news or in formation sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or acquire or use any service that provides any ratings, rankings, or opinions described in paragraph (1) or (2) from any other person. by striking subsection (c). does not— (1)rate or rank news or information sources for the factual accuracy of their content;
(2)provide ratings or opinions on news or in formation sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or (3)acquire or use any service that provides any ratings, rankings, or opinions described in paragraph (1) or (2) from any other person.; and
Section 692
1542. Occupational resiliency of the Cyber Mission Force Beginning not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Policy, in coordination with the Principal Cyber Advisors of the military departments and the Commander of the United States Cyber Command, shall jointly carry out an initiative to understand and address occupational resiliency challenges at the duty locations of the Cyber Mission Force by ensuring that— behavioral health professionals are assigned to the operating locations of United States Cyber Command and the Cyber Mission Force; and each such professional holds the security clearance necessary to provide treatment to the members of the Armed Forces assigned at such duty locations. On a quarterly basis during the one-year period beginning on the date on which the initiative under subsection (a) commences, the Under Secretary of Defense for Personnel and Readiness and the Assistant Secretary of Defense for Cyber Policy shall jointly provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the following: The status of carrying out such initiative. Validation of the security clearances held by behavioral health professionals assigned under such subsection. An analysis of clinical acuity being treated by such professionals. Identified challenges to carrying out such initiative. Efforts to improve the awareness by members of the Armed Forces assigned to the Cyber Mission Force with respect to the availability of appropriately cleared behavioral health professionals who can treat such members. Any other information the Under Secretary or the Assistant Secretary determines appropriate. In this section, the term occupational resiliency challenges means behavioral health challenges relating to an occupation and work-related stress.
Section 693
1543. Assessment of cyber-phyiscal ranges as potential National Cyber Range complexes Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report assessing the benefits and costs of designating the cyber-physical ranges of the Department of Defense as National Cyber Range complexes or providing the treatment of such cyber-physical ranges in a manner that is similar to the treatment of a National Cyber Range complex, including— an assessment of whether to so designate one or more such cyber-physical ranges or to so treat such cyber-physical ranges; and a plan for making such designations and a plan for so treating such cyber-physical ranges, each of which shall include— the designation of an entity within the Office of the Under Secretary that is best placed to assume responsibility for the oversight, operation, and sustainment of such cyber-physical ranges; the annual funding requirements for entity designated under subparagraph (A) to operate, sustain, and, if necessary, modernize such cyber-physical ranges; and an estimated timeline for transitioning the management of such cyber-physical ranges to the entity designated under subparagraph (A). In this section: The term cyber-physical range means a range that simulates a real-world environment across physical, logical and cyber-persona layers that can be used for research, development, testing, training and evaluation through the competition continuum. The term National Cyber Range complex means an integrated cyber range capability operated by the Department of Defense Test Resource Management Center.
Section 694
1544. Report on replacement of Time Division Multiplexing lines at armories of the Air National Guard and the Army National Guard Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force and the Secretary of the Army shall jointly submit to the Committee on Armed Services of the House of Representatives a report detailing the costs and timelines for replacing Time Division Multiplexing lines with modern communication technologies in armories of the Air National Guard and the Army National Guard. The report required under subsection (a) shall include— an identification of the Time Division Multiplexing lines technologies to be replaced and the replacement modern communication technologies, including the current deployment of such technologies across the Department of Defense; an explanation of the costs associated with replacing Time Division Multiplexing lines technologies identified under paragraph (1), including any changes to sustainment costs, and the sources of funding to pay for such costs; an assessment of the operational effects associated with the replacement described in subsection (a); and the current timelines and resources allocated for such replacement.
Section 695
1601. Acquisition career path in the Space Force Chapter 908 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of the Air Force shall ensure that not less than 40 percent of the members of the Space Force in each class of members that complete an initial Space Force officer training course are assigned to— an integrated mission delta; the National Reconnaissance Office; or an office or command within the Space Force that provides opportunities for both acquisition and operational experience during an initial duty assignment after completion of such course. Not later than 15 days after a class of members of the Space Force completes an initial Space Force officer training course, the Secretary of the Air Force shall submit to the congressional defense committees— a certification indicating that the Secretary has complied with subsection (a); and a description of the first duty assignment for each person that was a member of such class. Such chapter 908 is further amended by adding at the end the following new section: The Secretary of the Air Force shall ensure that the commander or deputy commander of each integrated mission delta of the Space Force is a member of the armed forces serving in a military occupational specialty that is primarily responsible for acquisition matters. Such chapter 908 is further amended by adding at the end the following new section: There is a Program Executive Officer for Assured Access to Space within the Space Force, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Space Force. The Program Executive Officer serves at the pleasure of the President. The Program Executive Officer for Assured Access to Space shall be appointed for a term of four years. The Program Executive Officer for Assured Access to Space, while so serving, shall have the grade of brigadier general, major general, lieutenant general, or general. The Program Executive Officer for Assured Access to Space, while serving as the Program Executive Officer, shall also serve as the Commander of Space Launch Delta 45. Chapter 951 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of the Air Force shall ensure that the initial Space Force officer training course for officers of the Space Force provides approximately equal training in operations, intelligence, cyber, and acquisition matters. Section 20233 of title 10, United States Code, is amended— in the heading, by striking designation as joint qualified officer required and inserting requirements; in subsection (a)— by striking unless the officer has been and inserting the following: unless the officer has— been in paragraph (1), as designated by subparagraph (A) of this paragraph, by striking the period and inserting a semicolon; and by adding at the end the following new paragraphs: completed a duty assignment with a command or other organization that is primarily responsible for acquisition matters, as determined by the Secretary of the Air Force; and completed a duty assignment with a command or other organization that is primarily responsible for operations, as determined by the Secretary of the Air Force. in subsection (b) in the matter preceding paragraph (1), by striking subsection (a) and inserting subsection (a)(1). The amendments made by paragraph (1) shall take effect on January 1, 2029, and apply to all appointments to the grade of brigadier general on or after that date. Part I of subtitle F of title 10, United States Code, is amended by adding at the end the following new chapter: Not later than December 31 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report on the promotion rates of members of the Space Force for the preceding fiscal year. Such report shall include— the number of and percentage of members of the Space Force in each grade selected for promotion; the number of and percentage of members of the Space Force in each career field selected for promotion; and the number of members of the Space Force who were selected for promotion to the grade of brigadier general, major general, lieutenant general, or general, disaggregated by career field. Not later than 60 days before the date on which a change is made to the career fields or mission occupational specialty codes for the Space Force, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes— a description of the changes intended to be made to such career fields or mission occupational specialty codes; and the plan of the Secretary to maintain the Space Force competencies and comply with requirements in law with respect to Space Force career fields and duty assignments. 9088.Duty assignments after officer training course
(a)RequirementThe Secretary of the Air Force shall ensure that not less than 40 percent of the members of the Space Force in each class of members that complete an initial Space Force officer training course are assigned to— (1)an integrated mission delta;
(2)the National Reconnaissance Office; or (3)an office or command within the Space Force that provides opportunities for both acquisition and operational experience during an initial duty assignment after completion of such course.
(b)ReportNot later than 15 days after a class of members of the Space Force completes an initial Space Force officer training course, the Secretary of the Air Force shall submit to the congressional defense committees— (1)a certification indicating that the Secretary has complied with subsection (a); and
(2)a description of the first duty assignment for each person that was a member of such class.. 9089.Integrated Mission Deltas: command requirementThe Secretary of the Air Force shall ensure that the commander or deputy commander of each integrated mission delta of the Space Force is a member of the armed forces serving in a military occupational specialty that is primarily responsible for acquisition matters.. 9090.Program Executive Officer for Assured Access to Space
(a)Establishment
(1)There is a Program Executive Officer for Assured Access to Space within the Space Force, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Space Force. The Program Executive Officer serves at the pleasure of the President. (2)The Program Executive Officer for Assured Access to Space shall be appointed for a term of four years.
(b)GradeThe Program Executive Officer for Assured Access to Space, while so serving, shall have the grade of brigadier general, major general, lieutenant general, or general. (c)Additional DutiesThe Program Executive Officer for Assured Access to Space, while serving as the Program Executive Officer, shall also serve as the Commander of Space Launch Delta 45.. 9421.Space Force officer training course requirementsThe Secretary of the Air Force shall ensure that the initial Space Force officer training course for officers of the Space Force provides approximately equal training in operations, intelligence, cyber, and acquisition matters.. unless the officer has— (1)been; (2)completed a duty assignment with a command or other organization that is primarily responsible for acquisition matters, as determined by the Secretary of the Air Force; and (3)completed a duty assignment with a command or other organization that is primarily responsible for operations, as determined by the Secretary of the Air Force.; and 2015Reports Sec. 20701. Promotion rates. 20702. Modifications to career fields and codes. 20701.Promotion ratesNot later than December 31 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report on the promotion rates of members of the Space Force for the preceding fiscal year. Such report shall include—
(1)the number of and percentage of members of the Space Force in each grade selected for promotion; (2)the number of and percentage of members of the Space Force in each career field selected for promotion; and
(3)the number of members of the Space Force who were selected for promotion to the grade of brigadier general, major general, lieutenant general, or general, disaggregated by career field. 20702.Modifications to career fields and codesNot later than 60 days before the date on which a change is made to the career fields or mission occupational specialty codes for the Space Force, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—
(1)a description of the changes intended to be made to such career fields or mission occupational specialty codes; and (2)the plan of the Secretary to maintain the Space Force competencies and comply with requirements in law with respect to Space Force career fields and duty assignments..
Section 696
9088. Duty assignments after officer training course The Secretary of the Air Force shall ensure that not less than 40 percent of the members of the Space Force in each class of members that complete an initial Space Force officer training course are assigned to— an integrated mission delta; the National Reconnaissance Office; or an office or command within the Space Force that provides opportunities for both acquisition and operational experience during an initial duty assignment after completion of such course. Not later than 15 days after a class of members of the Space Force completes an initial Space Force officer training course, the Secretary of the Air Force shall submit to the congressional defense committees— a certification indicating that the Secretary has complied with subsection (a); and a description of the first duty assignment for each person that was a member of such class.
Section 697
9089. Integrated Mission Deltas: command requirement The Secretary of the Air Force shall ensure that the commander or deputy commander of each integrated mission delta of the Space Force is a member of the armed forces serving in a military occupational specialty that is primarily responsible for acquisition matters.
Section 698
9090. Program Executive Officer for Assured Access to Space There is a Program Executive Officer for Assured Access to Space within the Space Force, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Space Force. The Program Executive Officer serves at the pleasure of the President. The Program Executive Officer for Assured Access to Space shall be appointed for a term of four years. The Program Executive Officer for Assured Access to Space, while so serving, shall have the grade of brigadier general, major general, lieutenant general, or general. The Program Executive Officer for Assured Access to Space, while serving as the Program Executive Officer, shall also serve as the Commander of Space Launch Delta 45.
Section 699
9421. Space Force officer training course requirements The Secretary of the Air Force shall ensure that the initial Space Force officer training course for officers of the Space Force provides approximately equal training in operations, intelligence, cyber, and acquisition matters.
Section 700
20701. Promotion rates Not later than December 31 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report on the promotion rates of members of the Space Force for the preceding fiscal year. Such report shall include— the number of and percentage of members of the Space Force in each grade selected for promotion; the number of and percentage of members of the Space Force in each career field selected for promotion; and the number of members of the Space Force who were selected for promotion to the grade of brigadier general, major general, lieutenant general, or general, disaggregated by career field.
Section 701
20702. Modifications to career fields and codes Not later than 60 days before the date on which a change is made to the career fields or mission occupational specialty codes for the Space Force, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes— a description of the changes intended to be made to such career fields or mission occupational specialty codes; and the plan of the Secretary to maintain the Space Force competencies and comply with requirements in law with respect to Space Force career fields and duty assignments.
Section 702
1602. Advance payments for commercial satellite communication services Section 3805 of title 10, United States Code, is amended— in subsection (b), by striking The head and inserting Except as provided by subsection (e), the head; in subsection (c), by striking Advance and inserting Except as provided by subsection (e), advance; and by adding at the end the following new subsection: The head of the agency may satisfy the adequate security requirements of subsection (b) with respect to advance payments for commercial satellite communication services by making a written determination of— the creditworthiness of the provider of such services; and the ability of the provider to remain a going concern during the period of the advanced payment. With respect to advance payments for commercial satellite communication services, subsection (c) shall be administered by substituting 100 percent for 15 percent. (e)Special rules for commercial satellite communication services
(1)The head of the agency may satisfy the adequate security requirements of subsection (b) with respect to advance payments for commercial satellite communication services by making a written determination of— (A)the creditworthiness of the provider of such services; and
(B)the ability of the provider to remain a going concern during the period of the advanced payment. (2)With respect to advance payments for commercial satellite communication services, subsection (c) shall be administered by substituting 100 percent for 15 percent..
Section 703
1603. Noise mitigation regarding space launches Section 2276a(c)(1) of title 10, United States Code, is amended by inserting , including such activities relating to studying and mitigating the noise caused by launches at launch sites of the Space Force after vehicle.
Section 704
1604. Tactical surveillance, reconnaissance and tracking program The Chairman of the Joint Chiefs of Staff shall establish requirements pursuant to section 181 of title 10, United States Code, with respect to the tactical surveillance, reconnaissance and tracking program providing capabilities to meet the requirements of the commanders of the combatant commands. The Secretary of the Air Force shall establish the tactical surveillance, reconnaissance and tracking program as a program of record. In this section, the term tactical surveillance, reconnaissance and tracking program means the pilot program carried out by the Space Force to use commercial data and analytics to provide surveillance, reconnaissance and tracking information to the combatant commands.
Section 705
1605. Reports on Spaceport of the Future initiative Not later than 90 days after the date of the enactment of this Act, and not later than March 1 of each of 2027 through 2031, the Secretary of the Air Force, in coordination with the Chief of Space Operations and the Assistant Secretary of the Air Force for Space Acquisition and Integration, shall submit to the congressional defense committees a report on the Spaceport of the Future initiative of the Space Force. Each such report shall include the following: A list of each project being carried out under such initiative (including projects at State space launch facilities), including— the status of the project; the estimated completion date of the project; and the total cost to complete the project. An assessment of additional funding required to implement such initiative beyond the funds estimated in the most recent future-years defense program under section 221 of title 10, United States Code. An assessment of including mission development zones under such initiative to promote research, development, innovation, and fielding of space and other advanced technologies adjacent to Federal and State launch ranges. A summary of feedback from launch service providers, other spaceport tenants, and operators of non-Federal ranges to understand how such initiative can meet the needs of such providers, tenants, and operators, and any adjustments made in response to that feedback.
Section 706
1606. Use of middle tier acquisition program for proliferated warfighter space architecture of Space Development Agency Section 1608(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2271 note) is amended by adding at the end the following new paragraphs: Tranche 4. Tranche 5. Tranche 6. (4)Tranche 4.
(5)Tranche 5. (6)Tranche 6..
Section 707
1607. Auxiliary payload for Next Generation Polar Overhead Persistent Infrared satellites The Secretary of the Defense shall direct the milestone decision authority for the Next Generation Polar Overhead Persistent Infrared satellite program to revise the acquisition strategy for such program to include the auxiliary payload (commoly referred to APS-A) in the program of record. In this section, the terms acquisition strategy and milestone decision authority have the meanings given those terms in section 4211 of title 10, United States Code.
Section 708
1608. Assistance by United States Space Command to track fentanyl trafficking Chapter 135 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense and the Commander of the United States Space Command shall use the technology and resources of the United States Space Command to provide assistance to covered departments and agencies with respect to tracking fentanyl trafficking, including precursor chemicals and supplies and the entities carrying out such trafficking. In this section, the term covered departments and agencies means the following: The Department of Justice. The Federal Bureau of Investigation. The Drug Enforcement Administration. The Office of Homeland Security Investigations of the Department of Homeland Security. Any other department or agency of the Federal Government, including elements of the intelligence community, the Secretary determines appropriate. Not later than five years after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on assistance provided under section 2279e of title 10, United States Code, as added by subsection (a), including an assessment of— the effectiveness of the technology used to provide such assistance; and how such assistance has affected fentanyl trafficking investigations. 2279e.Provision of assistance to track fentanyl trafficking (a)AuthorityThe Secretary of Defense and the Commander of the United States Space Command shall use the technology and resources of the United States Space Command to provide assistance to covered departments and agencies with respect to tracking fentanyl trafficking, including precursor chemicals and supplies and the entities carrying out such trafficking.
(b)Covered departments and agenciesIn this section, the term covered departments and agencies means the following: (1)The Department of Justice.
(2)The Federal Bureau of Investigation. (3)The Drug Enforcement Administration.
(4)The Office of Homeland Security Investigations of the Department of Homeland Security. (5)Any other department or agency of the Federal Government, including elements of the intelligence community, the Secretary determines appropriate..
Section 709
2279e. Provision of assistance to track fentanyl trafficking The Secretary of Defense and the Commander of the United States Space Command shall use the technology and resources of the United States Space Command to provide assistance to covered departments and agencies with respect to tracking fentanyl trafficking, including precursor chemicals and supplies and the entities carrying out such trafficking. In this section, the term covered departments and agencies means the following: The Department of Justice. The Federal Bureau of Investigation. The Drug Enforcement Administration. The Office of Homeland Security Investigations of the Department of Homeland Security. Any other department or agency of the Federal Government, including elements of the intelligence community, the Secretary determines appropriate.
Section 710
1611. Clandestine activities vendor database Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall establish, maintain, and continuously update a secure, centralized database containing a list of all commercial vendors that perform work for the Department of Defense in support of a clandestine activity. The database required by subsection (a) shall include information on all commercial vendors, including all subcontractors, that have performed, are performing, or have agreed to perform work described in such subsection. Notwithstanding subsections (a) and (b), if the Secretary of Defense determines that a commercial vendor should not be included in the database required by subsection (a) due to operational, counterintelligence, or other national security concerns, the Secretary— may exclude the commercial vendor from the database required by subsection (a); and not later than 7 days after making a determination that the commercial vendor should not be included in such database, shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives notice of the determination that includes— the type or category of vendor excluded; a synopsis of the contract and the scope of work involved; and the rationale for exclusion from the database. The Secretary of Defense shall ensure the database required by subsection (a) is used to— deconflict clandestine activities of the Department of Defense that involve the use of commercial vendors; and assess operational risk and counterintelligence exposure attributable to the use of commercial vendors in support of clandestine activities of the Department of Defense. In this section, the term clandestine activity means any activity where it is intended that the role of the United States Government will not be apparent or acknowledged publicly. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— implement the requirements of section 430e of title 10, United States Code, as added by subsection (a) of this section; and submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a certification that such requirements have been implemented. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall— submit to the committees described in paragraph (1)(B) a report containing the plan to implement the requirements of such section 430e; and provide to such committees a briefing with respect to such plan. Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the committees described in paragraph (1)(B) a briefing describing the progress of the Secretary towards implementing the requirements of such section 430e. 430e.Clandestine activities vendor database
(a)Establishment and MaintenanceThe Secretary of Defense shall establish, maintain, and continuously update a secure, centralized database containing a list of all commercial vendors that perform work for the Department of Defense in support of a clandestine activity. (b)ScopeThe database required by subsection (a) shall include information on all commercial vendors, including all subcontractors, that have performed, are performing, or have agreed to perform work described in such subsection.
(c)Exclusion of VendorsNotwithstanding subsections (a) and (b), if the Secretary of Defense determines that a commercial vendor should not be included in the database required by subsection (a) due to operational, counterintelligence, or other national security concerns, the Secretary— (1)may exclude the commercial vendor from the database required by subsection (a); and
(2)not later than 7 days after making a determination that the commercial vendor should not be included in such database, shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives notice of the determination that includes— (A)the type or category of vendor excluded;
(B)a synopsis of the contract and the scope of work involved; and (C)the rationale for exclusion from the database.
(d)DeconflictionThe Secretary of Defense shall ensure the database required by subsection (a) is used to— (1)deconflict clandestine activities of the Department of Defense that involve the use of commercial vendors; and
(2)assess operational risk and counterintelligence exposure attributable to the use of commercial vendors in support of clandestine activities of the Department of Defense. (e)Clandestine activity DefinedIn this section, the term clandestine activity means any activity where it is intended that the role of the United States Government will not be apparent or acknowledged publicly..
Section 711
430e. Clandestine activities vendor database The Secretary of Defense shall establish, maintain, and continuously update a secure, centralized database containing a list of all commercial vendors that perform work for the Department of Defense in support of a clandestine activity. The database required by subsection (a) shall include information on all commercial vendors, including all subcontractors, that have performed, are performing, or have agreed to perform work described in such subsection. Notwithstanding subsections (a) and (b), if the Secretary of Defense determines that a commercial vendor should not be included in the database required by subsection (a) due to operational, counterintelligence, or other national security concerns, the Secretary— may exclude the commercial vendor from the database required by subsection (a); and not later than 7 days after making a determination that the commercial vendor should not be included in such database, shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives notice of the determination that includes— the type or category of vendor excluded; a synopsis of the contract and the scope of work involved; and the rationale for exclusion from the database. The Secretary of Defense shall ensure the database required by subsection (a) is used to— deconflict clandestine activities of the Department of Defense that involve the use of commercial vendors; and assess operational risk and counterintelligence exposure attributable to the use of commercial vendors in support of clandestine activities of the Department of Defense. In this section, the term clandestine activity means any activity where it is intended that the role of the United States Government will not be apparent or acknowledged publicly.
Section 712
1612. Modification of authority of Army counterintelligence agents to execute warrants and make arrests Section 7377(b)(2) of title 10, United States Code, is amended by striking during the four-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025,.
Section 713
1613. Modifications to and codification of the Department of Defense insider threat program Chapter 131 of title 10, United States Code, is amended by inserting after section 2224a a new section 2225 consisting of— a heading as follows: a text consisting of the text of subsections (a) and (b) of section 922 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112‑81; 10 U.S.C. 2224 note). Section 922 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2224 note) is repealed. Section 2225 of title 10, United States Code, as added by subsection (a) of this section, is amended— in subsection (b)— in the heading, by striking Elements and inserting Required Elements ; and in paragraph (1)— by striking subparagraphs (C), (D), (E), and (F); by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; by inserting before subparagraph (B) (as so redesignated) the following new subparagraph: user activity monitoring in accordance with the Committee on National Security Systems Directive 504, issued February 4, 2014, or any successor directive; in subparagraph (C), as redesignated by clause (ii) of this subparagraph, by striking the semicolon and inserting ; and; and by redesignating subparagraph (G) as subparagraph (D); and by adding at the end of the following new subsections: The Secretary may include additional elements in the program established under subsection (a), including— solutions and capabilities to prevent the unauthorized export of information from a network or to render such information unusable in the event of the unauthorized export of such information; using a roles-based access certification system; cross-domain solutions adhering to the Raise the Bar strategy of the Cross Domain Strategy and Management Office of the National Security Agency or any successor strategy; analytic solutions to detect anomalous user activity and triage user activity monitoring alerts to elevate the highest risk events for immediate review; case management solutions to minimize disclosure risk, orchestrate effective response, and ensure appropriate governance; and full-motion video screen recording and deep context. The program established under subsection (a) shall apply to networks and enclaves used by— civilian personnel of the Department of Defense; privileged users; members of the armed forces; and contractors to the Department of Defense that have access to classified, controlled unclassified, or personally identifiable information in furtherance of work on behalf of the Department. The Secretary of Defense shall ensure the program established under 2225 of title 10, United States Code, as added and amended by subsections (a) and (b) of this section— achieves initial operating capability not later than October 1, 2027; and achieves full operating capability not later than October 1, 2028. Before the Secretary implements section 2225 of title 10, United States Code, as added and amended by subsections (a) and (b) of this section, the Secretary shall submit to the congressional defense committees— a written notification that describes the personnel of the Department affected by the implementation; a plan to implement such section; an identification of the resources required to implement such section; an identification of any legal or technical concerns that may need to be addressed prior to implementation; and and any other issues related to such implementation that the Secretary considers appropriate. Not later than December 1, 2027, the Secretary shall submit to the congressional defense committees a report on the implementation of section 2225 of title 10, United States Code, including the resources required and planned expenditures to achieve full operating capability not later than October 1, 2028. 2225.Insider threat detection; and (A)user activity monitoring in accordance with the Committee on National Security Systems Directive 504, issued February 4, 2014, or any successor directive;. (c)Additional elementsThe Secretary may include additional elements in the program established under subsection (a), including—
(1)solutions and capabilities to prevent the unauthorized export of information from a network or to render such information unusable in the event of the unauthorized export of such information; (2)using a roles-based access certification system;
(3)cross-domain solutions adhering to the Raise the Bar strategy of the Cross Domain Strategy and Management Office of the National Security Agency or any successor strategy; (4)analytic solutions to detect anomalous user activity and triage user activity monitoring alerts to elevate the highest risk events for immediate review;
(5)case management solutions to minimize disclosure risk, orchestrate effective response, and ensure appropriate governance; and (6)full-motion video screen recording and deep context.
(d)ApplicabilityThe program established under subsection (a) shall apply to networks and enclaves used by— (1)civilian personnel of the Department of Defense;
(2)privileged users; (3)members of the armed forces; and
(4)contractors to the Department of Defense that have access to classified, controlled unclassified, or personally identifiable information in furtherance of work on behalf of the Department..
Section 714
2225. Insider threat detection
Section 715
1614. Facility clearance acceleration for members of defense industrial consortiums The Secretary of Defense shall ensure that each entity that is a member of the consortium established by section 1842 of this Act or a member of the Defense Industrial Base Consortium with which the Department of Defense has entered an other transaction authority agreement— is sponsored for a facility clearance; is provided access to classified work areas and networks where the member can perform classified work; and not less than quarterly, is invited in person to meetings with relevant Department of Defense personnel to discuss classified information. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees detailing a plan to increase the number of facility clearances provided to members described in subsection (a). Such plan shall include— an assessment of any existing related efforts to increase facility clearance access and how such efforts might be accelerated and elevated in priority; target metrics for increased facility clearances in association with membership in a consortium described in subsection (a); an identification of any additional funding or authorities required to support increased facility clearance processing; and any other matters the Secretary of Defense considers relevant.
Section 716
1615. Requirement to authorize additional security clearances for certain contractors Any entity that enters into a covered contract or agreement with a component of the Department of Defense may designate additional covered persons who may submit an application for a security clearance in accordance with this section. The appropriate authorized investigative agency and authorized adjudicative agency shall, upon receiving an application by an additional covered person designated under paragraph (1)— conduct an investigation of the background of an additional covered person for purposes of determining the eligibility of such additional covered person for access to classified information; and make a determination as to whether such additional covered person is eligible for access to classified information. If an entity that enters into a covered contract or agreement determines an initial covered person is unable to perform the work intended to be performed by that person under such covered contract or agreement person, an additional covered person may perform such work in lieu of the initial covered person if— the person received a favorable determination under subsection (b) with respect to eligibility for access to classified information; the person has a demonstrated need-to-know under Executive Order 12968, provided that demonstrating such need-to-know shall not require an investigation or adjudication with respect to eligibility for access to classified information in addition to the investigation and adjudication required under subsection (b); and the person signs appropriate agreements with respect to non-disclosure of classified information. The number of additional covered persons designated by an entity under subsection (a) for each covered contract or agreement may not exceed the greater of— during the 5-year period that begins on the date of the enactment of this Act, 5 percent of the number of security clearances required to be held by covered persons to perform work under the covered contract or agreement; and after the 5-year period that begins on the date of the enactment of this Act, 10 percent of the number of security clearances required to be held by covered persons to perform work under the covered contract or agreement; and 1 person. The number of additional covered persons designated by an entity under subsection (a) may not exceed the greater of— 10 percent of the total number of security clearances required to be held by covered persons to perform work under all covered contracts or agreements of the entity; and 1 person. The Secretary of Defense may charge fees or collect amounts to cover the costs associated with investigating, adjudicating, and maintaining a security clearance for which an application is submitted under subsection (a). Notwithstanding section 3302(b) of title 31, United States Code— the Secretary of Defense may retain amounts received under paragraph (1); and any amount so retained shall be deposited into an account to be determined by the Secretary of Defense and shall be made available without further appropriation until expended for the purpose of investigating, adjudicating, or maintaining security clearances. The Secretary of Defense may not bear any cost associated with investigating, adjudicating, or maintaining a security clearance the application for which is submitted pursuant to subsection (a). Any fees charged or amounts collected under this subsection to cover the costs associated with investigating, adjudicating, and maintaining a security clearance for which an application is submitted under subsection (a) may not be considered an allowable cost under a covered contract or agreement. This section shall apply with respect to contracts and other agreements entered into on or after the date of the enactment of this Act. Nothing in this section shall be construed to require the Secretary of Defense to grant any person access to classified information unless a favorable determination of eligibility to access such classified information is made with respect to such person. This section shall apply subject to Executive Order 12968, Executive Order 10865, and any successor executive orders, but notwithstanding any other provision of law. In this section: The term additional covered person means a covered person designated by a private-sector entity as an alternative covered person who is intended to be available to conduct work under a covered contract or agreement that requires a security clearance if an initial covered person becomes unavailable to complete such work. The terms authorized adjudicative agency and authorized investigative agency have the meaning given the terms in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)). The term covered contract or agreement means a contract or other agreement between a private-sector entity and a component of the Department of Defense the performance of which requires a specified number of covered persons to hold a security clearance. The term covered person means a contractor to or employee of a private-sector entity. The term initial covered person means a covered person designated by a private-sector entity as responsible for conducting work under a covered contract or agreement that requires a security clearance.
Section 717
1616. Prohibition on access to Department of Defense cloud-based resources by individuals who are not citizens of the United States or allied countries No individual who is a citizen of a foreign country of concern may maintain, administer, operate, use, receive information about, or directly access or indirectly access, regardless of whether the individual is supervised by a citizen of the United States, any Department of Defense cloud computing system. The Secretary of Defense shall establish regulations to carry out this subsection, including safeguards to ensure that only individuals the Secretary determines appropriate may maintain, administer, operate, access, and use the systems, software, and data described in paragraph (1). The Secretary shall— review all relevant guidance, directives, procedures, requirements, and regulations of the Department of Defense, including the Cloud Computing Security Requirements Guide, the Security Technical Implementation Guides, and related Department instructions; and make such revisions as may be necessary to ensure conformity and compliance with subsection (a). The Secretary shall— conduct a review of all cloud computing contracts in effect for the Department— for any violations of section 252.225–7058 of the Defense Federal Acquisition Regulation Supplement and recommended penalties; and to determine— which contracts have allowed unauthorized individuals to maintain, administer, operate, or directly access or indirectly access, whether supervised or unsupervised by a United States citizen, any Government cloud computing system; and how many of the individuals described in clause (i) are citizens of foreign countries of concern; and submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the findings of the Secretary with respect to the review conducted pursuant to paragraph (1). ln this section: The term cloud computing has the meaning given such term in section 239.7601 of the Defense Federal Acquisition Regulation Supplement, or successor regulation. The term directly access, with respect to a system, software, or data, means— to physically access the system, software, or data; or to logically access the system, software, or data, through proxy, virtual, administrative, or programmatic means such that an individual can modify, alter, control, administer, configure, or deploy the system, software, or data. The term foreign country of concern has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651). The term indirectly access, with respect to a system, software, or data, means to obtain, receive, collect, or derive information from the system, software, or data regarding technical details, operational characteristics, or security-related attributes, including— system configurations; network architecture; security controls; data schemas; performance metrics; and access logs or other information that could compromise the confidentiality, integrity, or availability of the system, software, or data.
Section 718
1617. National Security Agency support for defense industrial base and critical infrastructure cybersecurity operations Subchapter I of chapter 21 of title 10, United States Code, as amended by section 1611 of this Act, is further amended by adding at the end the following new section: The Director of the National Security Agency may carry out activities to support the cybersecurity of the defense industrial base, the telecommunications sector, and cybersecurity service providers, including— programs to facilitate the bidirectional sharing of cyber threat intelligence to— share classified and unclassified cyber threat intelligence, security guidance, and technical resources to support threat detection and mitigation; and receive voluntarily provided information to support the activities of the National Security Agency and other departments and agencies of the Federal Government, including to— conduct offensive and defensive cybersecurity operations; and develop jointly produced cybersecurity products in coordination with the private sector; and providing direct cybersecurity support, upon request, to entities within the defense industrial base, the telecommunications sector, and cybersecurity service providers to— enhance the capability of such entities to defend such entities and customers of such entities; respond swiftly to cyber incidents; and implement effective mitigation measures. 430f.National Security Agency support for defense industrial base and critical infrastructure cybersecurity operationsThe Director of the National Security Agency may carry out activities to support the cybersecurity of the defense industrial base, the telecommunications sector, and cybersecurity service providers, including— (1)programs to facilitate the bidirectional sharing of cyber threat intelligence to—
(A)share classified and unclassified cyber threat intelligence, security guidance, and technical resources to support threat detection and mitigation; and (B)receive voluntarily provided information to support the activities of the National Security Agency and other departments and agencies of the Federal Government, including to—
(i)conduct offensive and defensive cybersecurity operations; and (ii)develop jointly produced cybersecurity products in coordination with the private sector; and
(2)providing direct cybersecurity support, upon request, to entities within the defense industrial base, the telecommunications sector, and cybersecurity service providers to— (A)enhance the capability of such entities to defend such entities and customers of such entities;
(B)respond swiftly to cyber incidents; and (C)implement effective mitigation measures..
Section 719
430f. National Security Agency support for defense industrial base and critical infrastructure cybersecurity operations The Director of the National Security Agency may carry out activities to support the cybersecurity of the defense industrial base, the telecommunications sector, and cybersecurity service providers, including— programs to facilitate the bidirectional sharing of cyber threat intelligence to— share classified and unclassified cyber threat intelligence, security guidance, and technical resources to support threat detection and mitigation; and receive voluntarily provided information to support the activities of the National Security Agency and other departments and agencies of the Federal Government, including to— conduct offensive and defensive cybersecurity operations; and develop jointly produced cybersecurity products in coordination with the private sector; and providing direct cybersecurity support, upon request, to entities within the defense industrial base, the telecommunications sector, and cybersecurity service providers to— enhance the capability of such entities to defend such entities and customers of such entities; respond swiftly to cyber incidents; and implement effective mitigation measures.
Section 720
1618. Report on Russian active measures in NATO territory Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Defense and the Secretary of State, shall submit to the appropriate congressional committees a report that includes— an assessment of the extent of Russia’s active measures against NATO allies and partners, specifically with regard to industrial, commercial, and military sabotage; a detailed description of Russia’s recruitment methods of agents in NATO countries, such as blackmail, bribery, and threats of harm; a threat assessment of these actions toward U.S. and NATO bases and infrastructure; and an assessment of the extent of direct involvement by the Russian intelligence services in these operations. The report required by subsection (a) shall be submitted in an unclassified form, but portions of the report may contain a classified annex, so long as such annex is provided separately from the unclassified report. In this section, the term appropriate congressional committees means— the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee On Intelligence, the Committee on Appropriations, and the Committee on Homeland Security of the House of Representatives; and the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate.
Section 721
1619. Report on delays in accreditation of sensitive compartmented information facilities Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Intelligence Agency, shall submit to the congressional defense committees a report on delays in the accreditation of sensitive compartmented information facilities. The report required under subsection (a) shall include— the average amount of time it takes to accredit a sensitive compartmented information facility; an identification of each request for accreditation of such a facility that has been pending for more than 30 days, including the amount of time each request has been pending; an assessment of the primary causes of delays in accreditation of sensitive compartmented information facilities; and recommendations to ensure timely accreditation of such facilities.
Section 722
1621. Establishment of Air Force Global Strike Command Chapter 907 of title 10, United States Code, is amended by adding at the end the following new section: There is in the Air Force a major command, which shall be known as Global Strike Command. The Commander of Global Strike Command shall hold the grade of general while serving in that position, without vacating that officer’s permanent grade. The commander shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The commander shall serve as the single accountable officer responsible to the Secretary of the Air Force and the Chief of Staff of the Air Force for carrying out all aspects of the nuclear and long-range strike missions of the Air Force, including such aspects described in subsection (c). The Commander of Global Strike Command shall be responsible for carrying out all elements and activities of the nuclear and long-range strike missions of the Air Force. Such elements include nuclear weapons, nuclear weapon delivery systems, long-range strike bomber aircraft, and the nuclear command, control, and communication system. Such activities include the following: Providing combat-ready nuclear and long-range conventional strike forces in support of Presidential and combatant commander directives. Administrating, organizing, training, and equipping assigned and gained forces. Assessing the readiness of assigned and gained forces and submitting to the Secretary and the Chief of Staff periodic reports with respect to such assessments. Leading development in the Air Force of— military requirements with respect to nuclear and long-range strike missions; budget proposals necessary to carry out the missions of the Global Strike Command; long-range investment plans and priorities to sustain, modernize, and recapitalize assigned forces; and strategy, employment concepts, tactics, techniques, and procedures with respect to nuclear deterrence and conventional long-range strike operations. Advising the Secretary, as necessary, on the adequacy of resources of the Department of the Air Force dedicated to support and execute nuclear missions. Such other functions as the Secretary determines necessary or appropriate for the execution of nuclear deterrence and long-range strike missions. 9068.Global Strike Command
(a)EstablishmentThere is in the Air Force a major command, which shall be known as Global Strike Command. (b)Commander (1)The Commander of Global Strike Command shall hold the grade of general while serving in that position, without vacating that officer’s permanent grade. The commander shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position.
(2)The commander shall serve as the single accountable officer responsible to the Secretary of the Air Force and the Chief of Staff of the Air Force for carrying out all aspects of the nuclear and long-range strike missions of the Air Force, including such aspects described in subsection (c). (c)FunctionsThe Commander of Global Strike Command shall be responsible for carrying out all elements and activities of the nuclear and long-range strike missions of the Air Force. Such elements include nuclear weapons, nuclear weapon delivery systems, long-range strike bomber aircraft, and the nuclear command, control, and communication system. Such activities include the following:
(1)Providing combat-ready nuclear and long-range conventional strike forces in support of Presidential and combatant commander directives. (2)Administrating, organizing, training, and equipping assigned and gained forces.
(3)Assessing the readiness of assigned and gained forces and submitting to the Secretary and the Chief of Staff periodic reports with respect to such assessments. (4)Leading development in the Air Force of—
(A)military requirements with respect to nuclear and long-range strike missions; (B)budget proposals necessary to carry out the missions of the Global Strike Command;
(C)long-range investment plans and priorities to sustain, modernize, and recapitalize assigned forces; and (D)strategy, employment concepts, tactics, techniques, and procedures with respect to nuclear deterrence and conventional long-range strike operations.
(5)Advising the Secretary, as necessary, on the adequacy of resources of the Department of the Air Force dedicated to support and execute nuclear missions. (6)Such other functions as the Secretary determines necessary or appropriate for the execution of nuclear deterrence and long-range strike missions..
Section 723
9068. Global Strike Command There is in the Air Force a major command, which shall be known as Global Strike Command. The Commander of Global Strike Command shall hold the grade of general while serving in that position, without vacating that officer’s permanent grade. The commander shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The commander shall serve as the single accountable officer responsible to the Secretary of the Air Force and the Chief of Staff of the Air Force for carrying out all aspects of the nuclear and long-range strike missions of the Air Force, including such aspects described in subsection (c). The Commander of Global Strike Command shall be responsible for carrying out all elements and activities of the nuclear and long-range strike missions of the Air Force. Such elements include nuclear weapons, nuclear weapon delivery systems, long-range strike bomber aircraft, and the nuclear command, control, and communication system. Such activities include the following: Providing combat-ready nuclear and long-range conventional strike forces in support of Presidential and combatant commander directives. Administrating, organizing, training, and equipping assigned and gained forces. Assessing the readiness of assigned and gained forces and submitting to the Secretary and the Chief of Staff periodic reports with respect to such assessments. Leading development in the Air Force of— military requirements with respect to nuclear and long-range strike missions; budget proposals necessary to carry out the missions of the Global Strike Command; long-range investment plans and priorities to sustain, modernize, and recapitalize assigned forces; and strategy, employment concepts, tactics, techniques, and procedures with respect to nuclear deterrence and conventional long-range strike operations. Advising the Secretary, as necessary, on the adequacy of resources of the Department of the Air Force dedicated to support and execute nuclear missions. Such other functions as the Secretary determines necessary or appropriate for the execution of nuclear deterrence and long-range strike missions.
Section 724
1622. Matters relating to the nuclear-armed, sea-launched cruise missile Section 1640(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 595), as amended by section 1627 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2174), is amended— by striking paragraph (2); in paragraph (3), by striking paragraph (3) and inserting paragraph (2); and by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
Section 725
1623. Prohibition on reduction of intercontinental ballistic missiles of the United States Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2026 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: Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States. Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400. The prohibition in subsection (a) shall not apply to any of the following activities: The maintenance or sustainment of intercontinental ballistic missiles. Ensuring the safety, security, or reliability of intercontinental ballistic missiles. Facilitating the transition from the LGM–30G Minuteman III intercontinental ballistic missile to the LGM–35A Sentinel intercontinental ballistic missile.
Section 726
1624. Strategy to sustain Minuteman III intercontinental ballistic missile and maximize end-of-life margin Concurrent with the first submission to Congress of a budget pursuant to section 1105(a) of title 31, United States Code, after the date of the enactment of this Act, and with each budget submitted to Congress pursuant to such section until the Under Secretary of Defense for Acquisition and Sustainment determines the LGM–35A Sentinel intercontinental ballistic missile reaches full operational capacity, the Secretary of the Air Force, in consultation with the Under Secretary, shall submit to the congressional defense committees a strategy, with respect to the LGM–30G Minuteman III intercontinental ballistic missiles, associated ground systems, and other supporting systems to address aging components and maximize the end-of-life margin. Each strategy required by paragraph (1) shall include the following: A comprehensive identification of all significant age-related and supportability challenges for the LGM–30G Minuteman III intercontinental ballistic missiles that includes a description of— efforts of the Secretary to address each such challenge; and activities the Secretary intends to carry out to address each such challenge. A description of effects on the system performance of Minuteman III missiles that result from aging components, including such effects with respect to shortfalls in capability. A summary of test activities conducted with Minuteman III missiles during the calender year that precedes the date of the submission of the strategy, including a description of any observations of anomalous performance during such test activities. A discussion of opportunities to increase the end-of-life margin or overall performance of Minuteman III missiles. A statement of the total inventory of such Minuteman III missiles available to the United States, including spares. A forecast with respect to the asset attrition that includes an identification of key drivers of such asset attrition. An identification, as specific budget line items, of all funding with respect to the LGM–30G Minuteman III intercontinental ballistic missiles, associated ground systems, and other and supporting systems included in the budget of the Department of Defense for the fiscal year during which the strategy is submitted. An estimate of the amount of such funding the Secretary determines is necessary across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, to ensure the continued effective operation of the the LGM–30G Minuteman III intercontinental ballistic missile, associated ground systems, and other and supporting systems until the LGM–35A Sentinel intercontinental ballistic missile reaches full operational capacity. The Under Secretary shall review each strategy required under subsection (a) to assess whether the strategy is sufficient to ensure the continued effective operation of the LGM–30G Minuteman III intercontinental ballistic missile system until the LGM–35A Sentinel intercontinental ballistic missile reaches full operational capacity. During the period the requirement under subsection (a) is effective, the Under Secretary shall, not later than 45 days after any date on which a budget is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, submit to the congressional defense committees a report that includes— the findings of the assessment required under paragraph (1); a discussion of any unfunded priorities and risk reduction opportunities with respect to the LGM–30G Minuteman III intercontinental ballistic missile, associated ground systems, and other supporting systems; and any other matters as the Under Secretary determines appropriate.
Section 727
1625. Report on Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs Not later than 60 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 continued implementation of the amendments made by section 1621 of the Servicemember Quality of Life National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2170) that includes— a proposal to consolidate administrative and resource support functions for personnel assigned to the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs to a single office in the Department of Defense; a plan to clarify the relationships between— the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs; the Under Secretary of Defense for Acquisition and Sustainment; and the Under Secretary of Defense for Policy; a proposal for an organizational framework through which the Assistant Secretary will perform the portfolio management duties required under section 499c of title 10, United States Code; a description of resource requirements for the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs; and such other matters as the Secretary determines appropriate.
Section 728
1626. Improvements to certain Department of Defense indemnification procedures to enable procurement of commercial advanced nuclear technologies The review of a request submitted to a Department of Defense contracting officer by a contractor pursuant to Public Law 85–804 (50 U.S.C. 1431 et. seq) for indemnification against nuclear and unusually hazardous risks, including those involving the procurement of commercial nuclear technology, shall include, to the maximum extent practicable, input from the Defense Contract Management Agency, including reviews of insurance markets and coverage availability from the Contractor Insurance/Pension Review group. The Secretary of Defense shall ensure that the review of any indemnification request described in subsection (a) shall be completed with a final decision on approval or denial, including an executed memorandum of decision, within the 90-day period beginning on the date on which the contractor submits the indemnification request.
Section 729
1627. Review of the occupational health and safety conditions of operational facilities associated with the LGM–30G Minuteman III intercontinental ballistic missile system The Assistant Secretary of Defense for Health Affairs, in consultation with the Assistant Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Policy and Programs, shall seek to enter into an agreement with the Executive Officer of the National Academy of Sciences, Engineering, and Medicine for a review of the occupational health and safety conditions of covered operational facilities. The review required by subsection (a) shall include the following: An independent review of the methodology and findings of the Missile Community Cancer Study conducted by the Air Force Medical Service and Air Force Global Strike Command. An independent assessment of occupational hazards, covered toxic substances, and operational activities associated with the LGM–30G Minuteman III intercontinental ballistic missile system that accounts for— enclosed space dynamics; ventilation inefficiencies; and limited fresh air exchange rates. An independent case-controlled retrospective study of cancer incidence rates among— Minuteman III missile launch officers and support personnel; compared to a group of members of the Air Force with— a substantially similar demographic makeup to the group of launch officers and support personnel included in the study; responsibilities that are not associated with the Minuteman III system; and a low potential for occupational exposure to covered toxic substances, as determined by Air Force Specialty Code and occupational duties. A comparative evaluation of the suitability and effectiveness of historic versus current year environmental surveillance policies, procedures and technologies of the Department of the Air Force for covered operational facilities used to detect exposure to covered toxic substances and occupational hazards, including— air quality; groundwater and drinking water contamination; ventilation systems and particulate matter accumulation; and residual contamination associated with confined operational environments. An evaluation of the suitability and effectiveness of policies, procedures, and technologies of the Department of the Air Force to prevent occupational hazards, and reduce exposure to covered toxic substances, associated with the Minuteman III system including— personal protective equipment; engineering controls; environmental surveillance; and other policies, procedures and technologies deemed relevant. An evaluation of the suitability and effectiveness of policies, procedures, and technologies of the Department of the Air Force and the Department of Defense for reporting and periodic medical screening, testing, and evaluations for potential exposure to occupational hazards and covered toxic substances for personnel associated with the Minuteman III system. Recommendations of the Executive Officer with respect to— Department of Defense actions to ensure that occupational health and safety conditions of covered operational facilities— meet current occupational safety and national security requirements in effect as of the date of the enactment of this Act; and are applied to the LGM–35A Sentinel intercontinental ballistic missile system; and potential modifications to— the current design and operation of the LGM–30G Minuteman III intercontinental ballistic missile system; and the future design and operation of the Sentinel system. The Secretary of Defense shall ensure that personnel of the National Academy of Sciences, Engineering, and Medicine supervising the implementation of the agreement required by subsection (a), or conducting the review required by such subsection, are granted, in a timely manner, access to the information and security clearances necessary to carry out such review. Not later than 18 months after the date of the enactment of this Act, the Executive Officer of the National Academy of Sciences, Engineering, and Medicine shall submit to the congressional defense committees a report that includes the findings of the review required by subsection (a). The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. In this section: The term covered operational facilities mean physical structures and work environments associated with the LGM–30G Minuteman III intercontinental ballistic missile system, including— launch control facilities; launch facilities; missile alert facilities; and other associated facilities. The term covered toxic substances means contaminants and other risk factors that pose a significant health risk to an individual when inhaled, ingested, absorbed by, or in close proximity to, the individual, including— Asbestos. Radiation. Polychlorinated biphenyls (PCBS). Combustion byproducts associated with burning classified materials, accelerants, and industrial solvents. Volatile Organic Compounds (VOCs), including VOCs from cleaning and maintenance chemicals. Radon and naturally occurring radioactive materials in subterranean facilities. Hydrogen cyanide, hydrazine, ethylene glycol, and sodium chromate. Pesticides and herbicides from facility perimeters and surrounding agricultural runoff. Noise. Other chemical compounds or elements associated with the LGM–30G Minuteman III intercontinental ballistic missile system or covered operational facilities.
Section 730
1628. Report on dismantlement of legacy nuclear weapons Not later than 270 days after the date of enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Energy for Nuclear Security shall jointly submit to the congressional defense committees a report on the dismantlement of legacy nuclear weapons. The report required under subsection (a) shall include the following: A description of current plans with respect to dismantlement rates and nuclear weapon types scheduled for dismantlement. An identification of materials planned to be recovered through dismantlement of legacy nuclear weapons. A summary of the reuse potential of such materials. An assessment of defense needs with respect to recovered materials, including nuclear materials. A description of any recoverable materials excess to defense needs. A plan for the disposition intended for any plutonium previously declared excess to defense needs, including an assessment of whether any such plutonium should be retained for future defense needs. The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
Section 731
1641. Modification to national missile defense policy to reflect Golden Dome for America policy Section 5501 of title 10, United States Code, is amended by striking the text and inserting the following: It is the policy of the United States— to provide for the common defense of the United States and its citizens by deploying and maintaining a next-generation missile defense shield; and to deter, and defend the citizens and critical infrastructure of the United States against, any foreign aerial attack on the homeland. It is the policy of the United States— (1)to provide for the common defense of the United States and its citizens by deploying and maintaining a next-generation missile defense shield; and
(2)to deter, and defend the citizens and critical infrastructure of the United States against, any foreign aerial attack on the homeland..
Section 732
1642. Golden Dome for America 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 plan for the development and deployment of a next-generation air and missile defense architecture pursuant to Executive Order 14186 (90 Fed. Reg. 8767), or such successor order. The plan under paragraph (1) shall include the following: An updated assessment of air and missile threats to the United States. A description of the system architecture of the next-generation air and missile defense architecture, including— the identification of each capability, program, and project considered to be part of such architecture; a preliminary description of, cost estimate for, and schedule to achieve— initial operational capability; and full operational capability; a description of relevant concepts of operations; a plan with respect to integrating and maximizing interoperability of capabilities included in such architecture; a description of ground segment requirements to support the development and deployment of space-based capabilities included in such architecture; and an identification of requirements with respect to the electromagnetic spectrum for the development and deployment of capabilities included in such architecture. An organizational construct defining roles and responsibilities for each participating element of the Department of Defense. An assessment of on-orbit testing and training requirements necessary for developing capabilities and ensuring long-term warfighting readiness of such architecture. A strategy for ensuring supply chain security and resilience. Identification of any additional legal authorities necessary to carry out or expedite the development and deployment of such architecture. Any other matters the Secretary considers relevant. 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 2028 through 2030, the Secretary shall submit to the congressional defense committees— an update to the plan under paragraph (1); and a consolidated budget exhibit identifying funding requested for the systems architecture described in the plan, including specific appropriation and line numbers, where appropriate. 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— assessing the theater missile defense posture of the United States, including changes in the missile threat environment with respect to allies and partners of the United States and forward-deployed forces of the United States; and making recommendations, as appropriate, to— increase bilateral and multilateral cooperation on missile defense technology development, capabilities, and operations; improve theater missile defenses of the forward-deployed forces of the United States and the territories, forces, and populations of allies of the United States; and increase and accelerate the provision of missile defense capabilities of the United States to allies and partners of the United States.
Section 733
1643. Prohibition privatized or subscription-based missile defense intercept capabilities Subchapter II of chapter 551 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense may only develop, deploy, test, or operate a missile defense system with kinetic missile defense capabilities if— the missile defense system is owned and operated by the armed forces; and such capabilities do not use a subscription-based service, a pay-for-service model, or a recurring-fee model to engage or intercept a target. The decision to engage in kinetic missile defense activities, including targeting, launch authorization, and engagement of airborne or spaceborne threats, is an inherently governmental function that only officers or employees of the Federal Government or members of the Army, Navy, Air Force, Marine Corps, or Space Force may perform. Nothing in this section shall be construed to prohibit the Secretary of Defense from— entering into contracts with private entities for the research, development, manufacture, maintenance, or testing of missile defense systems; entering into or carrying out co-production or co-development arrangements, or other cooperative agreements, with allies and partners of the United States with respect to missile defense capabilities; or procuring commercial services for remote sensing, telemetry, threat tracking, data analysis, data transport, or early warning, if such services do not directly involve the execution or command of kinetic missile defense activities. For the purposes of this section: The term kinetic missile defense activities means any action intended to physically intercept, neutralize, or destroy a missile, projectile, aircraft, or other airborne threat, including those using kinetic interceptors or directed energy. The term kinetic missile defense capabilities means any system or platform that is designed to be able to carry out kinetic missile defense activities. The term subscription-based service means any arrangement in which a private entity provides ongoing or recurring operational access to missile defense capabilities in exchange for periodic payment. 5516.Prohibition on privatized or subscription-based missile defense intercept capabilities
(a)ProhibitionThe Secretary of Defense may only develop, deploy, test, or operate a missile defense system with kinetic missile defense capabilities if— (1)the missile defense system is owned and operated by the armed forces; and
(2)such capabilities do not use a subscription-based service, a pay-for-service model, or a recurring-fee model to engage or intercept a target. (b)Inherently governmental functionThe decision to engage in kinetic missile defense activities, including targeting, launch authorization, and engagement of airborne or spaceborne threats, is an inherently governmental function that only officers or employees of the Federal Government or members of the Army, Navy, Air Force, Marine Corps, or Space Force may perform.
(c)Rule of constructionNothing in this section shall be construed to prohibit the Secretary of Defense from— (1)entering into contracts with private entities for the research, development, manufacture, maintenance, or testing of missile defense systems;
(2)entering into or carrying out co-production or co-development arrangements, or other cooperative agreements, with allies and partners of the United States with respect to missile defense capabilities; or (3)procuring commercial services for remote sensing, telemetry, threat tracking, data analysis, data transport, or early warning, if such services do not directly involve the execution or command of kinetic missile defense activities.
(d)DefinitionsFor the purposes of this section: (1)The term kinetic missile defense activities means any action intended to physically intercept, neutralize, or destroy a missile, projectile, aircraft, or other airborne threat, including those using kinetic interceptors or directed energy.
(2)The term kinetic missile defense capabilities means any system or platform that is designed to be able to carry out kinetic missile defense activities. (3)The term subscription-based service means any arrangement in which a private entity provides ongoing or recurring operational access to missile defense capabilities in exchange for periodic payment..
Section 734
5516. Prohibition on privatized or subscription-based missile defense intercept capabilities The Secretary of Defense may only develop, deploy, test, or operate a missile defense system with kinetic missile defense capabilities if— the missile defense system is owned and operated by the armed forces; and such capabilities do not use a subscription-based service, a pay-for-service model, or a recurring-fee model to engage or intercept a target. The decision to engage in kinetic missile defense activities, including targeting, launch authorization, and engagement of airborne or spaceborne threats, is an inherently governmental function that only officers or employees of the Federal Government or members of the Army, Navy, Air Force, Marine Corps, or Space Force may perform. Nothing in this section shall be construed to prohibit the Secretary of Defense from— entering into contracts with private entities for the research, development, manufacture, maintenance, or testing of missile defense systems; entering into or carrying out co-production or co-development arrangements, or other cooperative agreements, with allies and partners of the United States with respect to missile defense capabilities; or procuring commercial services for remote sensing, telemetry, threat tracking, data analysis, data transport, or early warning, if such services do not directly involve the execution or command of kinetic missile defense activities. For the purposes of this section: The term kinetic missile defense activities means any action intended to physically intercept, neutralize, or destroy a missile, projectile, aircraft, or other airborne threat, including those using kinetic interceptors or directed energy. The term kinetic missile defense capabilities means any system or platform that is designed to be able to carry out kinetic missile defense activities. The term subscription-based service means any arrangement in which a private entity provides ongoing or recurring operational access to missile defense capabilities in exchange for periodic payment.
Section 735
1644. Funding for sea-based launch for missile defense targets Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, Advanced Component Development and Prototypes, line 098, Ballistic Missile Defense Targets, is hereby increased by $10,000,000 (with the amount of such increase to be made available for sea-based launch for missile defense targets). Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operations and Maintenance, Army, Other Service Support, line 470, as specified in the corresponding funding table in section 4301, is hereby reduced by $10,000,000.
Section 736
1645. Submission of summary of certain Guam missile defense report Not later than April 1, 2026, the Secretary of Defense shall submit to the congressional defense committees an unclassified summary of the report required by section 1660 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).
Section 737
1646. Middle East integrated air and missile defense Section 1658 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2951) is amended— by redesignating subsection (c) as subsection (d); and by inserting after subsection (b) the following new subsection: Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report containing an update on progress made toward implementing an integrated air and missile defense architecture described in subsection (a). The report under paragraph (1) shall include the following: An assessment of the threat of ballistic and cruise missiles, manned and unmanned aerial systems, and rocket attacks from Iran and groups linked to Iran to allies and partners within the area of responsibility of the United States Central Command. A description of the missile defense priorities and capability needs of the United States Central Command to defend against the threats described in subparagraph (A), and the planned regional missile defense architectures derived from such priorities and capability needs. An analysis of current integrated air and missile defense systems in the area of responsibility of the United States Central Command to defend against threats described in subparagraph (A) and meet the missile defense priorities described in subparagraph (B). An assessment of progress made towards addressing challenges identified and meeting benchmarks established in the strategy required by subsection (b), including— an identification of elements of the multinational integrated air and missile defense architecture that have been acquired by specified foreign partners since October 7, 2023; and an identification of elements of the multinational integrated air and missile defense architecture that— can be acquired and operated by specified foreign partners; and can only be provided and operated by members of the Armed Forces. Lessons learned in combat operations against aerial threats since the October 7, 2023, Hamas terrorist attacks against Israel, including— countering the April 13, 2024, and October 1, 2024, ballistic missile and drone attacks by Iran against Israel, including— the adequacy of pre-existing data sharing agreements in facilitating effective joint responses with recommendations for further improvements; the extent to which defensive operations were accomplished with personnel and equipment on regularly planned deployments versus personnel and equipment surged to the region on an ad hoc basis; a comparative analysis of the performances of systems operated by the United States and operated by Israel in intercepting Iranian fires missiles and drones during the attacks; an estimate of the extent to which a similarly effective defense could be provided to allies and partners in the Middle East if attacked by Iran, and if currently insufficient, what changes to force structure or pre-staged equipment would be required to effectively do so; and the extent to which the strategy under subsection (b) contributed to such defensive operations; and countering the more than 900 projectiles launched by the Houthis in Yemen against maritime targets in the area of responsibility of the United States Central Command. Such other matters as the Secretary considers relevant. Any activity carried out under paragraph (1) shall be conducted in a manner that is consistent with protection of intelligence sources and methods and appropriately protects sensitive information and the national security interests of the United States. The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c)Report
(1)RequirementNot later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report containing an update on progress made toward implementing an integrated air and missile defense architecture described in subsection (a). (2)Matters includedThe report under paragraph (1) shall include the following:
(A)An assessment of the threat of ballistic and cruise missiles, manned and unmanned aerial systems, and rocket attacks from Iran and groups linked to Iran to allies and partners within the area of responsibility of the United States Central Command. (B)A description of the missile defense priorities and capability needs of the United States Central Command to defend against the threats described in subparagraph (A), and the planned regional missile defense architectures derived from such priorities and capability needs.
(C)An analysis of current integrated air and missile defense systems in the area of responsibility of the United States Central Command to defend against threats described in subparagraph (A) and meet the missile defense priorities described in subparagraph (B). (D)An assessment of progress made towards addressing challenges identified and meeting benchmarks established in the strategy required by subsection (b), including—
(i)an identification of elements of the multinational integrated air and missile defense architecture that have been acquired by specified foreign partners since October 7, 2023; and (ii)an identification of elements of the multinational integrated air and missile defense architecture that—
(I)can be acquired and operated by specified foreign partners; and (II)can only be provided and operated by members of the Armed Forces.
(E)Lessons learned in combat operations against aerial threats since the October 7, 2023, Hamas terrorist attacks against Israel, including— (i)countering the April 13, 2024, and October 1, 2024, ballistic missile and drone attacks by Iran against Israel, including—
(I)the adequacy of pre-existing data sharing agreements in facilitating effective joint responses with recommendations for further improvements; (II)the extent to which defensive operations were accomplished with personnel and equipment on regularly planned deployments versus personnel and equipment surged to the region on an ad hoc basis;
(III)a comparative analysis of the performances of systems operated by the United States and operated by Israel in intercepting Iranian fires missiles and drones during the attacks; (IV)an estimate of the extent to which a similarly effective defense could be provided to allies and partners in the Middle East if attacked by Iran, and if currently insufficient, what changes to force structure or pre-staged equipment would be required to effectively do so; and
(V)the extent to which the strategy under subsection (b) contributed to such defensive operations; and (ii)countering the more than 900 projectiles launched by the Houthis in Yemen against maritime targets in the area of responsibility of the United States Central Command.
(F)Such other matters as the Secretary considers relevant. (3)Protection of sensitive informationAny activity carried out under paragraph (1) shall be conducted in a manner that is consistent with protection of intelligence sources and methods and appropriately protects sensitive information and the national security interests of the United States.
(4)FormatThe report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex..
Section 738
1651. Cooperative threat reduction funds Of the $282,830,000 authorized to be appropriated to the Department of Defense for fiscal year 2026 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: For delivery system threat reduction, $6,332,000. For chemical security and elimination, $18,645,000. For global nuclear security, $30,621,000. For biological threat reduction, $160,402,000. For proliferation prevention, $36,923,000. For activities designated as Other Assessments/Administration Costs, $29,907,000. 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 2026, 2027, and 2028.
Section 739
1652. Limitation on authority to reduce sustainment for or halt operation of the AN/FPS–108 COBRA DANE radar Until the date on which the certification described in subsection (b) is submitted to the congressional defense committees, the Secretary of Defense— may not reduce sustainment efforts for, halt operation of, or prepare to reduce sustainment efforts for or halt operation of, the AN/FPS–108 COBRA DANE radar located at Eareckson Air Station on Shemya Island, Alaska; shall sustain the AN/FPS–108 COBRA DANE radar in a manner that preserves, at a minimum, the operational availability of the system as of the date of the enactment of this section; and shall ensure that the AN/FPS–108 COBRA DANE radar continues to meet the operational requirements of the combatant commands that are met by such system as of the date of the enactment of this section. The certification described in this subsection is a written certification from the Secretary of Defense, in consultation with the Chief of Space Operations and the Director of the Missile Defense Agency, indicating that the replacement capability for the AN/FPS–108 COBRA DANE radar— will reach initial operational capability at the same time or before the termination of operations for the AN/FPS–108 COBRA DANE radar; and at the time such replacement capability achieves initial operational capability, will have the ability to meet the operational requirements of the combatant commands that have been, or that are expected to be, assigned to such replacement capability. The limitation described in subsection (a) shall not apply to temporary interruptions of operational availability for the AN/FPS–108 COBRA DANE radar provided such activities are necessary to support maintenance or modernization activities of the system.
Section 740
1653. Sense of Congress with respect to arrow interceptor production capacity and inventory It is the sense of Congress that— it is in the national security interest of the United States to help allies and partners of the United States, including Israel, strengthen— the air and missile defense capability of such allies and partners; and the capacity of such allies and partners against common threats; such efforts help deter and defeat aggression that threatens— allies; forward-positioned members of the Armed Forces; and Americans residing in allied countries; and increased partner air and missile defense capacity also reduces demand on the Armed Forces. Not later than the first March 1 following the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report on cooperation between the United States and Israel with respect to increased production capacity and inventory of the Arrow interceptor. Such report shall include: An assessment of Israel’s Arrow missile defense system capacity as of the date of the enactment of this section, including launchers and interceptors. An assessment of the current supply base for such system and how such supply base can be strengthened. A detailed summary of the steps the Department of Defense is taking in cooperation with industry and the State of Israel to increase Arrow missile defense production capacity and inventory. An identification of any challenges or obstacles encountered and current plans to address such challenges or obstacles. Specific authorities or appropriations that Congress could provide to expedite and expand efforts to increase Arrow missile defense system production capacity and the number of deployed systems and interceptors. An assessment of what additional steps would be required to establish a fully redundant Arrow production capacity in the United States. The report described in this section shall be submitted in unclassified form but may contain a classified annex.
Section 741
1701. Copyright to a literary work produced by a civilian faculty member of the Uniformed Services University of Health Sciences in the course of such employment: free use by the Federal Government Section 105 of title 17, United States Code, is amended, in subsection (d)(2)— by redesignating subparagraphs (L) through (N) as subparagraphs (M) through (O), respectively; by inserting after subparagraph (K) the following new subparagraph (L): Uniformed Services University of the Health Sciences. Such section is further amended, in subsection (c)— in paragraph (1), by striking subparagraphs (A) through (K) of subsection (d)(2) and subparagraph (L) and inserting subparagraphs (A) through (L) of subsection (d)(2) and subparagraph (M); in paragraph (2), by striking subsection (d)(2)(L) and inserting subsection (d)(2)(M); in paragraph (3), by striking subsection (d)(2)(M) and inserting subsection (d)(2)(N); and in paragraph (4), by striking subsection (d)(2)(N) and inserting subsection (d)(2)(O). (L)Uniformed Services University of the Health Sciences. .
Section 742
1702. Combating illicit tobacco products Beginning not later than 120 days after the date of the enactment of this Act, no exchange or commissary operated by or for a military resale entity shall offer for sale any ENDS product or oral nicotine product unless the manufacturer of such product executes and delivers to the appropriate officer for each military resale entity a certification form for each ENDS product or oral nicotine product offered for retail sale at an exchange or commissary that attests under penalty of perjury the following: The manufacturer has received a marketing granted order for such product under section 910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j). The manufacturer submitted a timely filed premarket tobacco product application for such product, and the application either remains under review by the Secretary or has received a denial order that has been and remains stayed by the Secretary or court order, rescinded by the Secretary, or vacated by a court. A manufacturer shall submit the certification forms required in subsection (a) on an annual basis. Failure to submit such forms to a military resale entity as required under the preceding sentence shall result in the removal of the relevant ENDS product or oral nicotine product from sale at such military resale entity. A certification form required under subsection (a) shall separately list each brand name, product name, category (such as e-liquid, power unit, device, e-liquid cartridge, e-liquid pod, or disposable), and flavor for each product that is sold offered for sale by the manufacturer submitting such form. A manufacturer shall, when submitting a certification under subsection (a), include in that submission— a copy of the publicly available marketing granted order under section 910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j), as redacted by the Secretary and made available on the agency website; a copy of the acceptance letter issued under such section for a timely filed premarket tobacco product application; or a document issued by Secretary or by a court confirming that the premarket tobacco product application has received a denial order that has been and remains stayed by the Secretary or court order, rescinded by the Secretary, or vacated by a court. Not later than 60 days after the date of the enactment of this Act, each military resale entity shall— develop and make public the certification form such resale entity will require a manfacturer to submit to meet the requirement under subsection (a); and provide instructions on how such certification form shall be submitted to the relevant military resale entity. If a military resale entity fails to prepare and make public such certification form, a manufacturer may submit information necessary to prove compliance with the requirements of this section. A manufacturer that submits a certification form under subsection (a) shall notify each relevant military resale entity to which such certification was submitted not later than 30 days after making any material change to the certification form, including— the issuance or denial of a marketing authorization or other order by the Secretary pursuant to section 910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j); or any other order or action by the Secretary or any court that affects the ability of the ENDS product or oral nicotine product to be introduced or delivered into interstate commerce for commercial distribution in the United States. No later than 180 days after the enactment of this Act, each military resale entity shall maintain and make publicly available on its official website a directory that lists all ENDS product and oral nicotine product manufacturers and all product brand names, categories (such as e-liquid, e-liquid cartridge, e-liquid pod, or disposable), product names, and flavors for which certification forms have been submitted and approved by the relevant military resale entity. Each military resale entity shall— update the directory under paragraph (1) at least monthly to ensure accuracy; and establish a process to provide each exchange or commissary notice of the initial publication of the directory and changes made to the directory in the prior month. An ENDS product or oral nicotine product shall not be included or retained in a directory of a military resale entity if the relevant military resale entity determines that any of the following apply: The manufacturer failed to provide a complete and accurate certification as required by this section. The manufacturer submitted a certification that does not comply with the requirements of this section. The information provided by the manufacturer in its certification contains false information, material misrepresentations, or omissions. In the case of a removal of a product from a directory under paragraph (3), the relevant military resale entity shall provide to the manufacturer involved notice and at least 30 days to cure deficiencies before removing the manufacturer or its products from the directory. The ENDS product or oral nicotine product of a manufacturer identified in a notice of removal under paragraph (3) are, beginning on the date that is 30 days after such removal, subject to seizure, forfeiture, and destruction, and may not be purchased or sold for retail sale at any exchange or commissary operated by or for a military resale entity. In this section: The term ENDS product— means any non-combustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution; includes a consumable nicotine liquid solution suitable for use in such product, whether sold with the product or separately; and does not include any product regulated as a drug or device under chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.). The term military resale entities means— the Defense Commissary Agency; the Army and Air Force Exchange Service; the Navy Exchange Service Command; and the Marine Corps Exchange. The term oral nicotine product means— means any non-combustible product that contains nicotine that is intended to be placed in the oral cavity; does not include— any ENDS product; smokeless tobacco (as defined in section 900 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387)); or any product regulated as a drug or device under chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.). The term Secretary means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs. The term timely filed premarket tobacco product application means an application that was submitted under section 910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j) on or before September 9, 2020, and accepted for filing with respect to an ENDS product or oral nicotine product containing nicotine marketed in the United States as of August 8, 2016.
Section 743
1703. Made-in-America defense articles and services expedited through direct commercial sales Congress— believes the expeditious delivery of defense articles and services to allies and partners strengthens American national security; notes that the Department of Defense contracting process often adds significant amounts of time to the delivery of defense articles and services to allies and partners, and in some cases these articles and services could be appropriately transferred more quickly using direct commercial sales; and supports the ongoing and periodic review of the FMS-Only List to ensure that defense articles and services that can be appropriately transferred using direct commercial sales are not included on the FMS-Only list. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense, shall carry out a review of defense articles and defense services that are eligible to be provided under the foreign military sales program under chapter 2 of the Arms Export Control Act, but not eligible to be provided under direct commercial sales under section 38 of such Act, in order to identify those articles and services that should also be eligible to be provided under direct commercial sales. The review required by this subsection shall address the following with respect to each defense article and defense services identified under this subsection: The average length of time to complete a transfer of the article or service under the foreign military sales program compared to such a transfer under a direct commercial sale, measured from the initial submission of the letter of request to the delivery of the article or service. The impact on the workload for the Department of State and Department of Defense by reason of a transfer of the article or service under a direct commercial sale. The benefits to United States national security and United States competitiveness by reason of a transfer of the article or service under a direct commercial sale. Not later than 30 days after the completion of each review required by subsection (a), the Secretary of State, in coordination of the Secretary of Defense, shall submit to the appropriate congressional committees a report that contains the results of the review, including— the average time to transfer the reviewed defense articles or services during the previous reporting period through the foreign military sales program and through direct commercial sales and how those averages compare to the averages reported in the previous reporting period; the leading causes of delays; any steps taken to reduce those delays; and any defense articles and services added to or removed from the FMS-Only list during the preceding reporting period, as well as the justification for such decisions. The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex. In this subsection— the term appropriate congressional committees means— the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and the term FMS-only list means the list maintained by the Secretary of State of defense articles and defense services that are eligible to be provided under the foreign military sales program under chapter 2 of the Arms Export Control Act, but not eligible to be provided under direct commercial sales under section 38 of such Act.
Section 744
1704. Modifications to authority for transfer and sale of certain surplus firearms, ammunition, and parts Section 40728 of title 36, United States Code, is amended— in subsection (h)— in paragraph (1), by inserting surplus caliber .45 M45/M45A1 pistols and spare parts and related accessories and ammunition for those pistols, that on the enactment of the National Defense Authorization Act for Fiscal Year 2026, are under the control of the Secretary and are surplus to the requirements of the Department of the Army, after surplus to the requirements of the Department of the Army,; in paragraph (2), by inserting , and may not transfer more than 10,000 surplus caliber .45 M45/M45A1 pistols, after may not transfer more than 10,000 surplus caliber .45 M1911/M1911A1 pistols; and by adding at the end the following new paragraph: The Secretary may further transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus shotguns, including any shotguns that are surplus to the requirements of the Center of Military History and the Army Museum Enterprise, except for any shotgun that is a modular ancillary addition to a service rifle. in subsection (i)— in paragraph (1), by striking National Defense Authorization Act for Fiscal Year 2018 and inserting National Defense Authorization Act for Fiscal Year 2025; and by adding at the end the following new paragraphs: Subject to paragraph (4), the Secretary of the Navy may further transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus caliber .45 M45/M45A1 pistols and spare parts and related accessories and ammunition for those pistols, and surplus shotguns (except for any shotgun that is a modular ancillary addition to a service rifle), that on the date of the enactment of this paragraph are under the control of the Secretary and are surplus to the requirements of the Department of the Navy. The Secretary of the Navy may not transfer more than 10,000 surplus caliber .45 M45/M45A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (3) remain available for transfer. by adding at the end the following new subsections: Subject to paragraph (2), the Secretary of the Air Force may transfer to the corporation, in accordance with the procedures prescribed in this subchapter, surplus caliber .45 M45/M45A1 pistols and spare parts and related accessories and ammunition for those pistols, and surplus shotguns (except for any shotgun that is a modular ancillary addition to a service rifle), that on the date of the enactment of this paragraph are under the control of the Secretary and are surplus to the requirements of the Department of the Air Force. The Secretary of the Air Force may not transfer more than 10,000 surplus caliber .45 M45/M45A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (1) remain available for transfer. The head of any Federal department or agency may transfer to the corporation, in accordance with the procedure prescribed in this subchapter, the firearms and ammunition specified in paragraph (2) that, on the date of the enactment of this subsection, are under the control of that department or agency and are surplus to the requirements of that department or agency. The firearms and ammunition specified in this paragraph are the following: Any surplus caliber .45 M1911/M1911A1 pistols. Any surplus caliber .45 M45/M45A1 pistol. Any surplus shotgun except for any shotgun that is modular ancillary addition to a service rifle. Any surplus caliber .22 or .30 caliber rifle. Any ammunition associated with a firearm described in subparagraph (A) through (D). Section 40732 of title 36, United States Code, is amended— by striking , and caliber .45 M1911/M1911A1 surplus pistols, each place it appears and inserting , caliber .45 M1911/M1911A1 surplus pistols, caliber .45 M45/M45A1 surplus pistols, and surplus shotguns (except for any shotgun that is a modular ancillary addition to a service rifle); and in subsection (d)— by striking A person and inserting (1) A person; and by adding at the end the following new paragraph: A person who receives a caliber .45 M1911/M1911A1 surplus pistol, a caliber .45 M45/M45A1 surplus pistol, shotgun, or any ammunition, repair parts, or supplies, under section 40728 of this title may sell, at fair market value, such pistol, shotgun, ammunition, repair parts, or supplies. (3)The Secretary may further transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus shotguns, including any shotguns that are surplus to the requirements of the Center of Military History and the Army Museum Enterprise, except for any shotgun that is a modular ancillary addition to a service rifle.; (3)Subject to paragraph (4), the Secretary of the Navy may further transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus caliber .45 M45/M45A1 pistols and spare parts and related accessories and ammunition for those pistols, and surplus shotguns (except for any shotgun that is a modular ancillary addition to a service rifle), that on the date of the enactment of this paragraph are under the control of the Secretary and are surplus to the requirements of the Department of the Navy. (4)The Secretary of the Navy may not transfer more than 10,000 surplus caliber .45 M45/M45A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (3) remain available for transfer.; and (j)Authorized Air Force transfers (1)Subject to paragraph (2), the Secretary of the Air Force may transfer to the corporation, in accordance with the procedures prescribed in this subchapter, surplus caliber .45 M45/M45A1 pistols and spare parts and related accessories and ammunition for those pistols, and surplus shotguns (except for any shotgun that is a modular ancillary addition to a service rifle), that on the date of the enactment of this paragraph are under the control of the Secretary and are surplus to the requirements of the Department of the Air Force.
(2)The Secretary of the Air Force may not transfer more than 10,000 surplus caliber .45 M45/M45A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (1) remain available for transfer. (k)Authorized transfers by other Federal Departments and agencies (1)The head of any Federal department or agency may transfer to the corporation, in accordance with the procedure prescribed in this subchapter, the firearms and ammunition specified in paragraph (2) that, on the date of the enactment of this subsection, are under the control of that department or agency and are surplus to the requirements of that department or agency.
(2)The firearms and ammunition specified in this paragraph are the following: (A)Any surplus caliber .45 M1911/M1911A1 pistols.
(B)Any surplus caliber .45 M45/M45A1 pistol. (C)Any surplus shotgun except for any shotgun that is modular ancillary addition to a service rifle.
(D)Any surplus caliber .22 or .30 caliber rifle. (E)Any ammunition associated with a firearm described in subparagraph (A) through (D). . (2)A person who receives a caliber .45 M1911/M1911A1 surplus pistol, a caliber .45 M45/M45A1 surplus pistol, shotgun, or any ammunition, repair parts, or supplies, under section 40728 of this title may sell, at fair market value, such pistol, shotgun, ammunition, repair parts, or supplies. .
Section 745
1705. Mapping and report on strategic ports The Secretary of State, in coordination with the Secretary of Defense, shall— develop an updated, global mapping of foreign and domestic ports identified to be of importance to the United States, because of a capability to provide military, diplomatic, economic, or resource exploration superiority; and identify any efforts by the Government of the People’s Republic of China (PRC) or other PRC entities to build, buy, or otherwise control, directly or indirectly, such ports. The Secretary of State, in coordination with the Secretary of Defense, shall submit the mapping developed pursuant to subsection (a) to the appropriate congressional committees. Such submission shall be in unclassified form, but may include a classified annex. The Secretary of State, in coordination with the Secretary of Defense, shall conduct a study of— strategic ports; the reasons such ports are of interest to the United States; the activities and plans of the Government of the People’s Republic of China (PRC) to expand its control over strategic ports outside of the People’s Republic of China; the public and private actors, such as China Ocean Shipping Company, that are executing and supporting the activities and plans of the Government of the PRC to expand its control over strategic ports outside of the PRC; the activities and plans of the Government of the PRC to expand its control over maritime logistics by promoting products, such as LOGINK, and setting industry standards outside the PRC; how the control by the Government of the PRC over strategic ports outside of the PRC could harm the national security or economic interests of the United States and allies and partners of the United States; and measures the United States Government could take to ensure open access and security for strategic ports and offer alternatives to PRC investments or stakes in strategic ports. The Secretary of State and the Secretary of Defense may enter into an arrangement with a federally funded research and development center under which the center shall conduct the study required under subsection (a). Not later than one year after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on the findings of the study conducted under subsection (a). The report required by paragraph (1) shall include— a detailed list of all known strategic ports operated, controlled, or owned, directly or indirectly, by the PRC or by a foreign person of the PRC, and an assessment of the national security and economic interests relevant to each such port; a detailed list of all known strategic ports operated, controlled, or owned, directly or indirectly, by the United States or United States persons and an assessment of the national security and economic interests relevant to each such port; an assessment of vulnerabilities of— ports operated, controlled, or owned, directly or indirectly, by the United States; and strategic ports; an analysis of the activities and actions of the Government of the PRC to gain control or ownership over strategic ports, including promoting products, such as LOGINK, and setting industry standards; an assessment of how the Government of the PRC plans to expand its control over strategic ports outside of the PRC; a suggested strategy, developed in consultation with the heads of the relevant United States Government offices, that suggests courses of action to secure trusted investment and ownership of strategic ports and maritime infrastructure, protect such ports and infrastructure from PRC control, and ensure open access and security for such ports, that includes— a list of relevant existing authorities that can be used to carry out the strategy; a list of any additional authorities necessary to carry out the strategy; an assessment of products owned by the Government of the PRC or by an entity headquartered in the PRC that are used in connection with strategic ports or maritime infrastructure; an assessment of the costs to— secure such trusted investment and ownership; replace products owned by the Government of the PRC or an entity headquartered in the PRC that are used in connection with such ports; and enhance transparency around the negative impacts of PRC control over strategic ports; and a list of funding sources to secure trusted investment and ownership of strategic ports, which shall include— an identification of private funding sources; and an identification of public funding sources, including loans, loan guarantees, and tax incentives; and a suggested strategy for Federal agencies to maintain an up-to-date list of strategic ports. an assessment of any national security threat posed by such investments or activities to United States diplomatic and defense personnel and facilities in the vicinity of such ports, including through cyber threats, electronically enabled espionage, or other means. The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. In this section: The term appropriate congressional committees means— the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. The term relevant United States Government offices means— the Unified Combatant Commands; the Office of the Secretary of Defense; the Office of the Secretary of State; the United States International Development Finance Corporation; the Office of the Director of National Intelligence; and the Maritime Administration of the Department of Transportation. The term strategic port means an international port or waterway that the heads of the relevant United States Government offices determine is critical to the national security or economic prosperity of the United States.
Section 746
1706. Continuous assessment of impact of international state arms embargoes on Israel and actions to address defense capability gaps The Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall conduct a continual assessment of— the scope, nature, and impact of current and emerging arms embargoes, sanctions, restrictions, or limitations imposed by foreign states or international organizations on Israel’s defense capabilities; and the resulting gaps or vulnerabilities in Israel’s security posture, including its ability to maintain its qualitative military edge. The assessment required under paragraph (1) shall— be updated not less than once every 180 days; and be submitted to the congressional defense committees in both unclassified form and, as necessary, a classified annex. Each assessment shall include a determination of specific defense capabilities, systems, or technologies that Israel is unable to procure, sustain, or modernize due to arms embargoes or restrictions. The Secretary of Defense, in coordination with the Secretary of State, shall identify and recommend actions the United States may take to mitigate such gaps, including— expediting delivery of defense articles or services under the Foreign Military Sales program; leveraging U.S. industrial base capacity to provide substitute capabilities; expanding joint research, development, and production of defense technologies; and enhancing cooperative training, prepositioning, and logistics support. Not later than 120 days after the date of enactment of this section, and semiannually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the most recent assessment conducted under subsection (a). The requirement under this section shall terminate 5 years after the date of enactment of this section, unless reauthorized by Congress.
Section 747
1721. Technical and conforming amendments Title 10, United States Code, is amended as follows: In the subtitle analysis for subtitle A, by striking the item relating to chapter 243 and inserting the following: In the tables of chapters at the beginning of part I of such subtitle, by striking the item relating to chapter 25 and inserting the following: In section 132a— in the section heading, by striking improvement officer and inserting Improvement Officer; and in subsection (c)(1), by striking National Defense Authorization Act of Fiscal Year 2008 and inserting National Defense Authorization Act for Fiscal Year 2008. In section 139a, by striking section 2334 each place it appears and inserting section 3221. In section 183a(h)(3), by striking the semicolon and inserting a comma. In chapter 9, by redesignating the second section 222e (relating to unfunded priorities of the Under Secretary of Defense for Research and Engineering: annual report) as section 222f. In section 525(a)(4)(C), by striking the period after 21. In chapter 40, by redesignating section 711 (relating to parental leave for members of certain reserve components of the armed forces) as section 710a (and conforming the table of contents with respect to the section number and heading). In subsection (a)(2) of such section 710a, as so redesignated— in subparagraph (A), by striking subparagraph (A) each place it appears and inserting paragraph (1); and in subparagraph (B)— by striking subparagraph (A) both places it appears and inserting paragraph (1); by striking clause (i) and inserting subparagraph (A); and by striking the semicolon that appears after the period. In section 1143(e)(1), by striking (A) and inserting (A). In section 1558(c)(1), by striking the comma after Space Force. In section 1749— in subsection (b)(4), by striking emphasizes— and inserting emphasize—; and in subsection (c)— in the matter preceding paragraph (1), by inserting shall after program; and in paragraph (2)— by striking has and inserting have; and by striking can and inserting the ability to. In section 2107(k), by striking the subsection heading. In section 2818(a), by striking contact and inserting contract. In section 2819(e), by inserting the before congressional defense committees. In the tables of chapters at the beginning of part V of such subtitle, by striking the item relating to chapter 326 and inserting the following: In the tables of chapters at the beginning of part V of such subtitle, by striking the item relating to chapter 383 and inserting the following: In section 3072(c), by amending the subsection heading to read as follows: In section 3603(a), by striking Such a pathway shall include the following:. In section 4127(d)(9), by striking pursing and inserting pursuing. In section 4022(e)(1), by striking Undersecretary of Defense each place it appears and inserting Under Secretary of Defense. In chapter 303, by redesignating the second section 4128 (relating to the Joint Federated Assurance Center) as section 4129. In section 4663(a), by inserting if such entity before is a party. In section 4816(b)(6), by inserting ) after title. In section 4872(e)(1), by striking the Secretary of Defense of the Secretary or the Secretary of the military department concerned and inserting the Secretary of Defense or the Secretary of the military department concerned. In section 5502, in the section heading, by striking defense agency and inserting Defense Agency. In section 5513, in the section heading, by striking missile defense agency and inserting Missile Defense Agency. In section 5531(b) is amended— by striking paragraph (1) both places it appears and inserting subsection (a); in paragraph (1), by striking subparagraph (B) and inserting paragraph (2); and in paragraph (2), by striking subparagraph (A) and inserting paragraph (1). In section 7361(a)(2), by striking Vietnam Era and inserting Vietnam era. In section 82218, in each of subsections (c)(1)(D) and (k)(3)(B), by striking section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405) and inserting section 57100 of title 46. In section 9062a, in the section heading, by striking the period that appears after structure. In section 9361(a)(2), by striking Vietnam Era and inserting Vietnam era. In section 9531, in the section heading, by striking the period that appears after Reserve. In section 10216(f), by striking the period that appears after 62. In the tables of chapters at the beginning of part III of subtitle E, by striking the item relating to chapter 1413 and inserting the following: In section 14504(b), by striking the the Secretary and inserting the Secretary. 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. 243.Other Matters Relating to Awarding of Contracts3301. 25.Electromagnetic Warfare500. 327.Weapon Systems Development and Related Matters4401. 383.Development, Application, and Support of Dual-Use Technologies4831. (c)Acquisition programs and initiatives to be considered. 1413.Alternative Promotion Authority for Officers in Designated Competitive Categories15101.
Section 748
1722. Transfer or possession of defense items for national defense purposes Section 922(o)(2) of title 18, United States Code, is amended— in subparagraph (A), by striking or by and inserting , by, or under the authority of; in subparagraph (A), by striking or at the end; in subparagraph (B), by striking the period at the end and inserting ; or ; and by inserting after subparagraph (B) the following new subparagraph: a transfer to, or possession by, a licensed manufacturer or licensed importer (if, with respect to a transfer, such transfer has been approved by the Attorney General in accordance with law) for purposes of— joint production of a weapon, or integration or incorporation into another article or device; calibration, testing, or research and development; permanent or temporary export, or temporary import, otherwise in accordance with law; or training of Department of Defense personnel and Federal, State, local, or friendly foreign government military and law enforcement personnel. Section 925(d) of such title is amended— in paragraph (3)— by inserting except as provided in paragraph (5), before is of; and by striking or at the end; in paragraph (4), by striking the period at the end and inserting ; or; and by inserting after paragraph (4) the following new paragraph: is being imported or brought in by a licensed manufacturer or licensed importer in conformity with, and solely for a purpose described in subparagraphs (A) or (C) of section 922(o)(2). Not later than one year after the effective date of this section, the Secretary of Defense shall— conduct a survey of defense contractors who have used or intend to use a covered exception; and submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the results of such survey. The report submitted under paragraph (1) shall include the following: The number of contractors that used a covered exception during the period covered by the report. Any issues identified by the Department of Defense or such contractors with the implementation of such covered exception. Any recommendations for changes to statutes or regulations to implement covered exceptions. In this subsection, the term covered exception means an exception provided under— subparagraph (C) of section 922(o)(2) of title 18, United States Code, as added by this section; or paragraph (5) of section 922(d) of such title, as added by this section. This section and the amendments made by this section shall take effect 30 days after the date of the enactment of this Act. (C)a transfer to, or possession by, a licensed manufacturer or licensed importer (if, with respect to a transfer, such transfer has been approved by the Attorney General in accordance with law) for purposes of—
(i)joint production of a weapon, or integration or incorporation into another article or device; (ii)calibration, testing, or research and development;
(iii)permanent or temporary export, or temporary import, otherwise in accordance with law; or (iv)training of Department of Defense personnel and Federal, State, local, or friendly foreign government military and law enforcement personnel.. (5)is being imported or brought in by a licensed manufacturer or licensed importer in conformity with, and solely for a purpose described in subparagraphs (A) or (C) of section 922(o)(2)..
Section 749
1723. Evaluation of risks posed by communications equipment and services produced by foreign adversary entities Section 1709 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 47 U.S.C. 1601 note) is amended— in subsection (a), in the subsection heading, by striking to covered list and inserting produced by DJI Technologies or Autel Robotics; by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; by inserting after subsection (a) the following new subsection: Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, an appropriate national security agency shall determine if any of the following communications equipment or services, including software, pose an unacceptable risk to the national security of the United States or the security and safety of United States persons: Unmanned aircraft systems or cameras that are designed, developed, manufactured, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. Unmanned aircraft systems or cameras with integrated software provided by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. Equipment that uses spectrum in the 5030–5091 MHz band, governed by part 88 of title 47, Code of Federal Regulations (or successor regulations), or in the 5150–5850 MHz band, governed by part 15 of title 47, Code of Federal Regulations (or successor regulations), that is designed, developed, manufactured, licensed, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. If the appropriate national security agency does not make a determination as required by paragraph (1) by the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Commission shall add all equipment and services listed in paragraph (1) to the covered list. in subsection (c), as redesignated by paragraph (2), by inserting or (b)(1) after subsection (a)(1) each place it appears; in subsection (d), as so redesignated, by adding at the end the following: The term unmanned aircraft system has the meaning given that term in section 44801 of title 49, United States Code. The term foreign adversary— means a foreign adversary (as such term is defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))); and includes any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. The term person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary has the meaning given such term in section 791.301 of title 15, Code of Federal Regulations, or any such successor regulation. in subsection (e), as so redesignated, by striking subsection (b)(1)(A) and inserting subsection (c)(1)(A). (b)Evaluation of unmanned aircraft systems communications equipment and services produced by foreign adversary entities
(1)In generalNot later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, an appropriate national security agency shall determine if any of the following communications equipment or services, including software, pose an unacceptable risk to the national security of the United States or the security and safety of United States persons: (A)Unmanned aircraft systems or cameras that are designed, developed, manufactured, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
(B)Unmanned aircraft systems or cameras with integrated software provided by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. (C)Equipment that uses spectrum in the 5030–5091 MHz band, governed by part 88 of title 47, Code of Federal Regulations (or successor regulations), or in the 5150–5850 MHz band, governed by part 15 of title 47, Code of Federal Regulations (or successor regulations), that is designed, developed, manufactured, licensed, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.
(2)Addition to the covered listIf the appropriate national security agency does not make a determination as required by paragraph (1) by the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Commission shall add all equipment and services listed in paragraph (1) to the covered list.; (6)The term unmanned aircraft system has the meaning given that term in section 44801 of title 49, United States Code.
(7)The term foreign adversary— (A)means a foreign adversary (as such term is defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))); and
(B)includes any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. (8)The term person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary has the meaning given such term in section 791.301 of title 15, Code of Federal Regulations, or any such successor regulation.; and
Section 750
1724. Sense of Congress with respect to execution of warrants of the International Criminal Court It is the sense of Congress that the Secretary of Defense and Secretary of State must use every opportunity at forums involving NATO or major non-NATO allies to ensure that such allied countries do not enforce warrants issued by the International Criminal Court against members of the armed forces of the United States or of its other allies.
Section 751
1725. Briefing on expediting arms transfers to Israel Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter for a period not to exceed 3 years, the Secretary of State, in coordination with Secretary of Defense, shall brief the appropriate congressional committees on the status of deliveries to the Government of Israel of any military aircraft or air-launched munitions approved for transfer that are undelivered or partially delivered. The briefing described in subsection (a) shall include— the estimated delivery timetable and any ongoing or potential measures associated with the items, including advance training and integration challenges; specific reasons for any delay related to the United States Government, defense suppliers, or a foreign government; the feasibility and advisability of providing the State of Israel an interim capability; what measures are being taken or could be taken to expedite delivery to Israel; and authorities or appropriations that Congress could provide to expedite the delivery. In this section, the term appropriate congressional committees means the congressional defense committees, the Committee on Foreign Affairs in the House of Representatives, and the Committee on Foreign Relations in the Senate. In this section, the term military aircraft means aircraft and related articles in 22 CFR 121.10, Category VIII—Aircraft and Related Articles, subsection (a).
Section 752
1726. Feasibility study on extending critical minerals procurement authorities to other Federal agencies The Congress finds the following: Critical minerals are essential to national security, economic stability, and technological innovation across multiple U.S. government sectors. The Department of Defense’s experience with critical minerals procurement highlights the potential for broader federal application to enhance resource security. Federal agencies, such as the Departments of Energy and Homeland Security, rely on critical minerals but lack independent procurement and resale authorities. Extending such authorities could strengthen domestic supply chains and reduce dependence on foreign sources vulnerable to disruption. Legal and regulatory barriers may limit agencies’ ability to procure and manage critical minerals effectively, requiring thorough evaluation. Allowing resale of excess critical minerals could generate revenue and support strategic goals, provided safeguards prevent market instability. It is the sense of the Congress that a whole-of-government approach to critical minerals procurement could bolster national resilience and economic competitiveness. The Secretary of Defense, in coordination with the Secretary of the Interior, the Secretary of Commerce, the Administrator of General Services Administration, and the heads of other relevant Federal agencies, shall conduct a study on the feasibility of providing to other Federal agencies authorities similar to Department of Defense critical mineral procurement authorities. The study required by paragraph (1) shall include— an assessment of the need of other Federal agencies for critical minerals; an evaluation of the legal, regulatory, and logistical barriers to granting other Federal agencies authorities similar to Department of Defense critical mineral procurement authorities; an analysis of the economic and strategic effects of allowing other Federal agencies to resell critical minerals in excess of those required to meet the needs of the Federal agency on the open market, including potential effects on domestic supply chains and international trade; and recommendations for legislative or regulatory changes necessary to grant other Federal agencies authorities similar to Department of Defense critical mineral procurement authorities, including safeguards to prevent market disruption or misuse of resale proceeds resulting from the use of such similar authorities by other Federal agencies. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives a report described in paragraph (2). The report described in this subsection is a report by the Secretary of Defense containing— the detailed findings of the study required by subsection (c)(1); recommendations for granting other Federal agencies authorities similar to Department of Defense critical mineral procurement authorities; and such other additional information as the Secretary determines appropriate for ensuring a coordinated, whole-of-government approach to the management of critical minerals. The report required under paragraph (1) shall by submitted in an unclassified form, but may include a classified annex. In this section: The term critical mineral has the meaning given such term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)), except that such term includes any mineral, element, substance, or material designated by the Secretary of Defense as a critical mineral. The term Department of Defense critical mineral procurement authorities means the authorities available to the Department of Defense for the Department to independently acquire and dispose of critical minerals. The term other Federal agency means a Federal agency other than the Department of Defense.
Section 753
1727. Report on plan to increase exportation of defense-related components and materials Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce, acting through the Under Secretary of Commerce for International Trade and in coordination with the Secretary of Defense, shall submit to Congress a strategy to increase the exportation of domestically manufactured, defense-related components and materials.
Section 754
1728. GAO study on Department of Defense reliance on Chinese-sourced materials Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a component-level assessment on the reliance of the Department of Defense on Chinese-sourced materials in munitions, microelectronics, and energy storage systems, including recommendations for alternative sourcing strategies.
Section 755
1729. Report on interagency coordination targeting fentanyl and precursor chemicals The Secretary of Defense shall expand interagency coordination with respect to the targeting of fentanyl and precursor chemicals, including by establishing joint operations with the Secretary of Human Services and the Attorney General. Not later than 180 days after the date of enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report on the coordination required under subsection (a) that identifies, with respect to fentanyl and precursor chemicals, any gaps between agencies in detection, monitoring, and interdiction activities.
Section 756
1730. Government Accountability Office audit of national security foreign exchange programs Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall provide a briefing, and submit a report to the congressional defense committees containing the results of an audit with respect to the international defense personnel exchange programs of the Department of Defense, to assess the extent to which such programs are coordinated across the Armed Forces, combatant commands, and defense agencies. The report and briefing required by subsection (a) shall include the following programs: Military Reserve Exchange Program. Engineer and Scientist Exchange Program. Foreign Academy Exchange Program. Personnel Exchange Program. All other Department of Defense funded exchange programs that enhance international cooperation and military interoperability. The report required by subsection (a) shall also include the following: An assessment of whether a centralized entity within the Department of Defense oversees or coordinates international defense personnel exchange programs. An assessment of whether any policies, regulations, or directives mandate administration of such programs across military services and defense agencies. An assessment of whether the lack of coordination has resulted in gaps in strategy, inefficiencies, or duplicative efforts. An assessment of any key factors that limit the ability of the Department to host foreign personnel in an exchange program.
Section 757
1731. Authorizing United States Coast Guard rotary aircraft work at Department of Defense depots The Secretary of Defense is authorized to conduct rotary aircraft work for the Department of Homeland Security and the United States Coast Guard at any depot of the Department of Defense.
Section 758
1732. Briefing on supply chain exposure Not later than August 1, 2024, the Secretary of Defense shall brief the congressional defense committees on NATO Procurement and Supply Agency procurement exposure and supply chain risks with respect to China, including dependency risk, security risk, and resilience risk.
Section 759
1733. Recognition and honoring of service of individuals who served in the United States Cadet Nurse Corps during World War II Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection: Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to headstones, markers, and other benefits under chapters 23 and 24 of this title, other than such benefits relating to the interment or inurnment of the individual in Arlington National Cemetery solely by reason of such service. Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause. An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). The Secretary of Defense may design and produce a service medal, memorial plaque or gravemarker, or other commendation to honor individuals who receive a discharge under paragraph (1)(B). (g)
(1)
(A)Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to headstones, markers, and other benefits under chapters 23 and 24 of this title, other than such benefits relating to the interment or inurnment of the individual in Arlington National Cemetery solely by reason of such service. (B) (i)Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants.
(ii)A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause. (2)An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A).
(3)The Secretary of Defense may design and produce a service medal, memorial plaque or gravemarker, or other commendation to honor individuals who receive a discharge under paragraph (1)(B)..
Section 760
1733A. Interest on funds provided to Federal Communications Commission The Secretary of the Treasury may not charge interest on funds borrowed by the Federal Communications Commission under section 5404(c) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2451). Any interest described in subsection (a) collected by the Secretary of the Treasury before the date of the enactment of this Act shall be returned to the Federal Communications Commission for use by the Commission for the purpose described in, and consistent with, section 5404(c) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2451) as though such interest had not been paid to the Secretary. The obligation of the Federal Communications Commission to pay any unpaid interest that has accrued on the funds described in subsection (a) is terminated.
Section 761
1733B. Report on Henry E. Rohlsen Airport in St. Croix Not later than 1 year after the date of enactment of this section, the Secretary of Defense shall study and submit a report to Congress on the readiness of Henry E. Rohlsen Airport in St. Croix for use by the United States Air Force. The report required under subsection (a) shall contain recommendations to improve the infrastructure and facilities at, and in the immediate vicinity of, Henry E. Rohlsen Airport in order to support use of the airport for regional security missions, emergency actions, and U.S. Southern Command Area regional priorities.
Section 762
1733C. Lumbee Tribe of North Carolina The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended— by striking section 2; in the first sentence of the first section, by striking That the Indians and inserting the following: The Indians— in the preamble— by inserting before the first undesignated clause the following: Congress finds that— by designating the undesignated clauses as paragraphs (1) through (4), respectively, and indenting appropriately; by striking Whereas each place it appears; by striking and after the semicolon at the end of each of paragraphs (1) and (2) (as so designated); and in paragraph (4) (as so designated), by striking : Now, therefore, and inserting a period; by moving the enacting clause so as to appear before section 1 (as so designated); by striking the last sentence of section 3 (as designated by paragraph (2)); by inserting before section 3 (as designated by paragraph (2)) the following: In this Act, the term Secretary means the Secretary of the Interior. by adding at the end the following: Federal recognition is extended to the Lumbee Tribe of North Carolina (as designated as petitioner number 65 by the Office of Federal Acknowledgment). All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes. For the purpose of the delivery of Federal services and benefits described in subsection (a), those members of the Lumbee Tribe of North Carolina residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. On verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall— develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs to provide the services for which members of the Lumbee Tribe of North Carolina are eligible; and after the tribal roll is verified, each submit to Congress a written statement of those needs. For purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Lumbee Tribe of North Carolina. The verification by the Secretary under paragraph (1) shall— be limited to confirming documentary proof of compliance with the membership criteria set out in the constitution of the Lumbee Tribe of North Carolina adopted on November 16, 2001; and be completed not later than 2 years after the submission of a digitized roll by the Lumbee Tribe of North Carolina to the Secretary. Notwithstanding any other provision of law, the Secretary is hereby authorized to take land into trust for the benefit of the Lumbee Tribe of North Carolina. An application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an on reservation trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation). With respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina, the State of North Carolina shall exercise jurisdiction over— all criminal offenses that are committed; and all civil actions that arise. Pursuant to section 403 of the Civil Rights Act of 1968 (25 U.S.C. 1323), and subject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) over Indian country occupied by the Lumbee Tribe of North Carolina pursuant to an agreement between the Lumbee Tribe of North Carolina and the State of North Carolina. A transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph. Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). 3.Designation of Lumbee IndiansThe Indians—; 1.FindingsCongress finds that—; 2.DefinitionsIn this Act, the term Secretary means the Secretary of the Interior.; and 4.Federal recognition
(a)In generalFederal recognition is extended to the Lumbee Tribe of North Carolina (as designated as petitioner number 65 by the Office of Federal Acknowledgment). (b)Applicability of lawsAll laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members.
5.Eligibility for Federal services
(a)In generalThe Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes. (b)Service areaFor the purpose of the delivery of Federal services and benefits described in subsection (a), those members of the Lumbee Tribe of North Carolina residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation.
(c)Determination of needsOn verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall— (1)develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs to provide the services for which members of the Lumbee Tribe of North Carolina are eligible; and
(2)after the tribal roll is verified, each submit to Congress a written statement of those needs. (d)Tribal roll (1)In generalFor purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Lumbee Tribe of North Carolina.
(2)Verification limitation and deadlineThe verification by the Secretary under paragraph (1) shall— (A)be limited to confirming documentary proof of compliance with the membership criteria set out in the constitution of the Lumbee Tribe of North Carolina adopted on November 16, 2001; and
(B)be completed not later than 2 years after the submission of a digitized roll by the Lumbee Tribe of North Carolina to the Secretary. 6.Authorization to take land into trust (a)In generalNotwithstanding any other provision of law, the Secretary is hereby authorized to take land into trust for the benefit of the Lumbee Tribe of North Carolina.
(b)Treatment of certain landAn application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an on reservation trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation). 7.Jurisdiction of State of North Carolina (a)In generalWith respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina, the State of North Carolina shall exercise jurisdiction over—
(1)all criminal offenses that are committed; and (2)all civil actions that arise.
(b)Transfer of jurisdiction
(1)In generalPursuant to section 403 of the Civil Rights Act of 1968 (25 U.S.C. 1323), and subject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) over Indian country occupied by the Lumbee Tribe of North Carolina pursuant to an agreement between the Lumbee Tribe of North Carolina and the State of North Carolina. (2)RestrictionA transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph.
(c)EffectNothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919)..
Section 763
3. Designation of Lumbee Indians The Indians—
Section 764
1. Findings Congress finds that—
Section 765
2. Definitions In this Act, the term Secretary means the Secretary of the Interior.
Section 766
4. Federal recognition Federal recognition is extended to the Lumbee Tribe of North Carolina (as designated as petitioner number 65 by the Office of Federal Acknowledgment). All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members.
Section 767
5. Eligibility for Federal services The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes. For the purpose of the delivery of Federal services and benefits described in subsection (a), those members of the Lumbee Tribe of North Carolina residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. On verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall— develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs to provide the services for which members of the Lumbee Tribe of North Carolina are eligible; and after the tribal roll is verified, each submit to Congress a written statement of those needs. For purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Lumbee Tribe of North Carolina. The verification by the Secretary under paragraph (1) shall— be limited to confirming documentary proof of compliance with the membership criteria set out in the constitution of the Lumbee Tribe of North Carolina adopted on November 16, 2001; and be completed not later than 2 years after the submission of a digitized roll by the Lumbee Tribe of North Carolina to the Secretary.
Section 768
6. Authorization to take land into trust Notwithstanding any other provision of law, the Secretary is hereby authorized to take land into trust for the benefit of the Lumbee Tribe of North Carolina. An application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an on reservation trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation).
Section 769
7. Jurisdiction of State of North Carolina With respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina, the State of North Carolina shall exercise jurisdiction over— all criminal offenses that are committed; and all civil actions that arise. Pursuant to section 403 of the Civil Rights Act of 1968 (25 U.S.C. 1323), and subject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) over Indian country occupied by the Lumbee Tribe of North Carolina pursuant to an agreement between the Lumbee Tribe of North Carolina and the State of North Carolina. A transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph. Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).
Section 770
1733D. Strategy to counter Iranian and Hezbollah influence operations in Latin America Not later than 180 days after the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate congressional committees a comprehensive strategy to counter Iran’s and Hezbollah’s propaganda, religious networks, and influence operations in Latin America. The strategy required under subsection (a) shall include the following: Measures to address the proliferation of Iranian cultural centers in Latin America that promote Iranian ideology, including diplomatic efforts to limit their operations, sanctions on affiliated entities, and public diplomacy to expose their activities. Actions to restrict the travel and activities of Iranian emissaries, including diplomats, cultural attaches, and other agents who facilitate propaganda, radicalization, and terror-supporting networks in Latin America, through visa denials, sanctions, or other travel restrictions. Initiatives to strengthen the capacity of U.S. intelligence agencies to identify, monitor, and disrupt Iran’s and Hezbollah’s networks, including their cooperation academic institutions and non-governmental organizations in Latin America. A framework for taking actions, similar to those implemented against Al-Manar and Press TV, to disrupt Iran’s HispanTV and Hezbollah’s Al Mayadeen Espanol platforms, including sanctions, designations, and cooperation with regional partners to limit their broadcasting reach and digital presence. A plan to address Iran’s Al Mustafa International University network and its affiliated entities, including their designations as foreign terrorist organizations or specially designated global terrorists, as appropriate, due to their role in radicalization and recruitment for Iran’s ideological and terrorist objectives. The strategy required in subsection (a) shall be transmitted in unclassified form and may include a classified annex. In this section, the term appropriate congressional committees means— the Committees on Armed Services of the Senate and the House of Representatives; the Committee on Foreign Affairs of the House of Representatives; the Committee on Foreign Relations of the Senate; the Permanent Select Committee on Intelligence of the House of Representatives; and the Select Committee on Intelligence of the Senate.
Section 771
1733E. Strategy to encourage defections from the Government of Iran 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 develop and submit to Congress a strategy aimed at encouraging defections by senior Iranian security officials and members of the armed forces. The strategy required under subsection (a) shall include— identification of mechanisms to securely communicate with potential defectors; measures providing assurances of safety and security to defectors and their families; establishment of a dedicated interagency working group tasked with managing defections, ensuring defector safety, verifying information provided by defectors, and mitigating potential intelligence risks; incentives for defectors who can provide actionable intelligence about regime operations, including potential financial assistance, employment support, and housing assistance in coordination with relevant domestic agencies; measures for publicizing successful defections, when appropriate and consistent with security protocols, to encourage additional defections within the regime; and coordination with international partners to share best practices, jointly facilitate defections, and ensure defectors receive international protection, as needed. The strategy required under subsection (a) shall be submitted in unclassified form but may contain a classified annex if necessary.
Section 772
1733F. Repeal of Authorizations for Use of Military Force relating to Iraq The following are hereby repealed: Authorization for Use of Military Force Against Iraq Resolution (Public Law 102–1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed.
Section 773
1733G. Penalties for unlawful entry and violation of security regulations Section 1382 of title 18, United States Code, is amended— by striking or installation, both places it appears and inserting installation, or property,; by striking six months and inserting two years; and by adding at the end the following new sentence: This is a general intent crime.. Section 21 of the Internal Security Act of 1950 (50 U.S.C. 797) is amended— in subsection (a)— by redesignating subsection (b) as paragraph (5) (and indenting that paragraph accordingly); and in such paragraph, as so redesignated, by striking subsection (a) and inserting this subsection; and by adding at the end the following new subsection: Whoever violates any national defense area security regulation shall be fined under title 18, United States Code, or imprisoned not more than two years, or both. This is a general intent crime. For purposes of paragraph (1), a national defense area security regulation is a property security regulation that, pursuant to lawful authority, has been promulgated or approved by the Secretary of Defense (or by a military commander designated by the Secretary of Defense or by a military officer, or a civilian officer or employee of the Department of Defense, holding a senior Department of Defense director position designated by the Secretary of Defense) for the protection, security, or administration of Department of Defense real property that has been designated by the Secretary of Defense as a national defense area. For purposes of paragraph (2), a property security regulation, with respect to any designated national defense area, is a regulation— relating to unauthorized entry to or trespass on such property; relating to fire hazards, fire protection, lighting, machinery, guard service, disrepair, disuse, or other unsatisfactory conditions on such property; relating to the ingress to, or egress or removal of persons from, such property; or otherwise providing for safeguarding such property against destruction, loss, or injury by accident or by enemy or unauthorized action, sabotage, or other subversive actions. In this subsection: The term Department of Defense real property means real property subject to the jurisdiction, administration, or in the custody of the Department of Defense, any Department or agency of which that Department consists, or any officer or employee of that Department or agency. The term regulation includes an order. (b)Felony violation of national defense area security regulations
(1)FelonyWhoever violates any national defense area security regulation shall be fined under title 18, United States Code, or imprisoned not more than two years, or both. This is a general intent crime. (2)National defense area security regulation describedFor purposes of paragraph (1), a national defense area security regulation is a property security regulation that, pursuant to lawful authority, has been promulgated or approved by the Secretary of Defense (or by a military commander designated by the Secretary of Defense or by a military officer, or a civilian officer or employee of the Department of Defense, holding a senior Department of Defense director position designated by the Secretary of Defense) for the protection, security, or administration of Department of Defense real property that has been designated by the Secretary of Defense as a national defense area.
(3)Property security regulation describedFor purposes of paragraph (2), a property security regulation, with respect to any designated national defense area, is a regulation— (A)relating to unauthorized entry to or trespass on such property;
(B)relating to fire hazards, fire protection, lighting, machinery, guard service, disrepair, disuse, or other unsatisfactory conditions on such property; (C)relating to the ingress to, or egress or removal of persons from, such property; or
(D)otherwise providing for safeguarding such property against destruction, loss, or injury by accident or by enemy or unauthorized action, sabotage, or other subversive actions. (4)DefinitionsIn this subsection:
(A)Department of Defense real propertyThe term Department of Defense real property means real property subject to the jurisdiction, administration, or in the custody of the Department of Defense, any Department or agency of which that Department consists, or any officer or employee of that Department or agency. (B)Regulation as including orderThe term regulation includes an order..
Section 774
1734. Report on arms sales of the People’s Republic of China Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on arms sales facilitated by entities in the People’s Republic of China. The report required by subsection (a) shall include an analysis of— the weapons systems and defense equipment originating from the People’s Republic of China available for purchase; the technical aspects and capabilities of such weapons systems and defense equipment; how such weapons systems and defense equipment may impact the balance of power in the area of responsibility of each United States Combatant Command, when applicable; the weapons systems and defense equipment originating from the People’s Republic of China that are considered direct alternatives to weapons systems and defense equipment originating from the United States; the weapons systems and defense equipment originating from the People’s Republic of China that present the greatest security risks regarding the potential to collect intelligence on or compromise assets, weapons, or platforms of the United States; the countries mostly likely to procure weapons systems and defense equipment originating from the People’s Republic of China, including the specific type, quantity, and estimated value in United States dollars of weapons, during the 1-year period following the date of the submission of the report; the weapons systems and defense equipment in development as of the date of the submission of the report by entities in the People’s Republic of China that could be available on the global market not later than 5 years after such date; the factors that incentivize countries to procure such weapons systems and defense equipment, including costs, flexible payment conditions and financing, a lack of end-user agreements, and speed of sale and delivery; and the strategy of the People’s Republic of China regarding arms sales and variables that could influence such strategy. The report required by subsection (a) shall be submitted in unclassified form, but shall include a classified annex. The classified annex required by paragraph (1) shall contain— an assessment by the National Intelligence Council of the contents required by subsection (b); and an assessment by the Director of National Intelligence of the counterintelligence risks and risks of onward proliferation of technology and defense systems originating in the United States and created through the purchase, deployment, and use of weapons systems and defense equipment originating from the People’s Republic of China by United States allies and partners. In this section, the term appropriate congressional committees means— the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
Section 775
1735. Strategy to combat arms sales of the People’s Republic of China Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall develop a strategy to dissuade purchases of new weapons systems and defense equipment, excluding spare parts or parts for maintenance of previously procured weapons, originating from the People’s Republic of China. The strategy shall include the following elements: An information campaign targeting countries interested in procuring weapons systems and defense equipment originating from the People’s Republic of China to warn such countries about— potential risks, including the lack of a proven track record in combat, insufficient training on the operation of the weapon or weapons system, reliability issues, and the lack of maintenance and spare parts available; the inability to integrate such weapons systems and defense equipment with weapons systems and defense equipment from the United States; and the potential limitation of future security cooperation with the United States that could arise if such weapons are acquired. A description of actions the United States can take, including reforms to the foreign military sales, direct commercial sales, and foreign military financing processes, to make weapons systems and defense equipment from the United States more attractive to prospective buyers of weapons systems or defense equipment originating from the People’s Republic of China. A description of actions defense firms of the United States can take to provide competitive alternatives to prospective buyers of weapons systems and defense equipment originating from the People’s Republic of China. An analysis of whether the use of sanctions, export controls, or other economic restrictions targeting buyers of new weapons systems or defense equipment originating from the People’s Republic of China could serve as an effective deterrent. A plan to ensure sufficient representation of defense firms of the United States, or trusted allies, at defense expositions where defense firms of the People’s Republic of China are also attending. A plan to combat Chinese disinformation campaigns targeting the performance of weapons or platforms produced by the United States or trusted allies. A plan to ensure close coordination with Congress to prevent disjointed engagement with countries. Not later than the date on which the strategy required by subsection (a) is completed, the Secretary of State shall submit to the appropriate congressional committees a report detailing the strategy and a plan for implementation. The report required by subsection (c) shall be submitted in unclassified form, but may include a classified annex. In this section, the term appropriate congressional committees means— the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Section 776
1736. Short title This subtitle may be cited as the Securing American Funding and Expertise from Adversarial Research Exploitation Act of 2025 or the SAFE Research Act.
Section 777
1737. Prohibition on certain federal awards Except as provided in subsection (c), no research agency may provide a covered award to support research and development activities by a covered individual if the covered individual or the covered individual’s research collaborator(s) is affiliated with a hostile foreign entity— as of the date of application for the award; or at any time in the period of five years preceding the date of application for the award unless such affiliation was terminated on or before the date that is 90 days after the date of enactment of this Act. Except as provided in subsection (c), none of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be provided to an institution of higher education that maintains a covered partnership with a hostile foreign entity. The head of a research agency, or an official designated by such agency head at or above the level of an Assistant Secretary (or the equivalent), may waive the prohibitions under subsections (a) and (b) on a case-by-case basis if the head of the agency or the designated official concerned determines that such waiver is in the national security interests of the United States. Not later than 30 days after the date on which an award is made by a research agency with respect to which a waiver is made under paragraph (1), the head of the agency or the designated official concerned shall submit to Congress notice of such waiver and a written justification for such waiver.
Section 778
1738. Disclosures In any application for a covered award from a research agency, a covered individual shall disclose, with respect to the period of five years preceding the date of such application, the following with respect to the covered individual: All covered research collaborators who are located in or have an affiliation with an institution located in a foreign adversary country. Any funding, gift, property (including intellectual property), resources, or award received from an individual or entity located in a foreign adversary country. Any conference participation, professorship, talent program participation, or other academic, research, or corporate affiliation with an entity located in a foreign adversary country. Any travel to a foreign adversary country. For each item disclosed under paragraphs (1) through (4)— the foreign adversary country associated with that item, and any affiliated individuals or entities; the total value of any benefits received by the covered individual from such country, individuals, or entities whether monetary or non-monetary; and details pertaining to the item disclosed, including— the nature of the actions performed or association entered into by the covered individual; any terms, conditions, and benefits associated with such item; and such other relevant information as the head of the research agency determines appropriate. An explanation of any instance in which the covered individual requested permission to share information with a hostile foreign entity or research collaborator affiliated with such an entity pursuant to section 1734(b), including a description of any information proposed to be shared and the results of such request. The research agency that receives disclosures under subsection (a)— shall use the information disclosed to ensure compliance with the prohibitions under sections 1732 and 1734; and may use such information to analyze potential research security, national security, or economic security risks and the assessment of such risks may be used as factor in determining the allocation of relevant grants, contracts, and other awards. The disclosures required under subsection (a) are in addition to any disclosures that may otherwise be required under section 223 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (42 U.S.C. 6605).
Section 779
1739. Concurrent and post-award restrictions As a condition of receiving a covered award, a covered individual may not maintain an affiliation with a hostile foreign entity or a covered research collaborator affiliated with such an entity for the duration of the award period. As a condition of receiving a covered award, during the five year period following the conclusion of the award period— a covered individual may not share with a hostile foreign entity or a covered research collaborator affiliated with such an entity any nonpublished results, expertise, or intellectual property arising from or related to the covered award unless— the covered individual submits to the research agency that made the award a request for permission to share such information with such an entity or collaborator; and such request is approved, in writing, by the head of the research agency or an official designated by such agency head at or above the level of an Assistant Secretary (or the equivalent); and on an annual basis during such five year period, the institution to which the covered award was made shall submit to the research agency that made the award an annual certification, signed by an authorized official of the institution, attesting that neither the institution nor any covered individual has shared with a hostile foreign entity or a covered research collaborator affiliated with such an entity any nonpublished results, expertise, or intellectual property arising from or related to the award, except as expressly approved under paragraph (1)(B).
Section 780
1740. Definitions In this subtitle: The term affiliation means any affiliation, partnership, agreement, other research or teaching relationship (including guest or visiting professorships), or similar transaction. The term covered award means support provided to a covered individual affiliated with an institution of higher education by a research agency to carry out research and development activities within any science, technology, engineering, or mathematics field, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include— a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a research agency; or an award made under the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as those terms are defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e))). The term covered individual has the meaning given that term in section 223(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (42 U.S.C. 6605), as interpreted in accordance with the guidance of the National Science and Technology Council titled Guidance for Implementing National Security Presidential Memorandum 33 (NSPM–33) on National Security Strategy for United States Government-Supported Research and Development, dated January 2022, or any successor guidance. The term covered partnership means an agreement between an institution of higher education and a hostile foreign entity that involves— the provision of educational services; collaboration related to scientific or technical research; any agreement related to the research, development, sale, licensing, or other arrangement involving university-developed, owned, or controlled research, venture, intellectual property (including any assignment or license of a granted patent, trademark, or copyright not listed in the Commerce Control List under Supplement No. 1 to part 774 of title 15, Code of Federal Regulations), or other asset; access to university assets, such as research, data, models, software, or facilities; or direct support or coordination by foreign adversary country-linked entities of student groups, language or cultural centers, or other on-campus entities (including Confucius Institutes and Chinese Student and Scholars Associations). The term covered research collaborator means a person located in or affiliated with an entity located in or organized under the laws of a foreign adversary country with whom the covered individual has, in the five years preceding the date of application for a covered award— conducted joint research; co-authored publications; collaborated on grants or other awards; or formally advised as a graduate student or post-doctoral fellow. The term foreign adversary country means a covered nation as defined in section 4872(f) of title 10, United States Code, and includes any special administrative region or territory under the control of such a nation. The term hostile foreign entity means an entity, or any subsidiary or affiliate of an entity that is located in or organized under the laws of a foreign adversary country, and that— is included on— the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control of the Department of the Treasury; the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list); 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); the most recently updated list developed pursuant to 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–32; 10 U.S.C. 4001 note); the UFLPA Entity List maintained by the Department of Homeland Security pursuant to the Uyghur Forced Labor Prevention Act (Public Law 117–78); the Military End-User List maintained by the Department of Commerce and set forth in Supplement No. 7 to part 744 of the Export Administration Regulations; the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; the Denied Persons List maintained by the Department of Commerce and described in section 764.3(a)(2) of the Export Administration Regulations; the Debarred Parties List maintained by the Directorate of Defense Trade Controls of the Department of State; the list of telecommunications companies of the People’s Republic of China designated under section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232; 41 U.S.C. note prec. 3901) as posing national security risks to the United States; the list of semiconductor companies of the People’s Republic of China and affiliates designated under section 5949 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 41 USC 4713 note) as posing national security risks to the United States; or the list maintained by the Federal Communications Commission of equipment and services covered by section 2 of the Secure and Trusted Communications Networks Act of 2019 (commonly referred to as the FCC Covered List); is an entity that— is owned, controlled, directed by, or subject to the jurisdiction or influence of a government of a foreign adversary country; and performs or supports functions involving— national defense or military modernization, including the development, application, or integration of civilian capabilities for military, paramilitary, or security purposes; intelligence, surveillance, or cyber operations, including activities intended to collect, exploit, disrupt, or influence information systems or communications infrastructure; the development, production, testing, or proliferation of weapons systems, critical technologies, or dual-use items, as defined under applicable United States law or regulation; foreign malign influence or interference, involving subversive, undeclared, coercive, or criminal activities, which may include propaganda, censorship, information manipulation, or efforts to influence academic, political, or civic institutions, whether conducted directly by foreign governments, state-linked entities, or through affiliated non-state actors, or their proxies; human rights abuses or similarly unethical practices, such as the use of forced labor, repression of ethnic or religious groups, or violations of international human rights standards; illicit technology transfer efforts that threaten United States research integrity or economic competitiveness; or academic, scientific, or technical collaboration that materially contributes to or supports any of the functions described in subclauses (I) through (VI); or participates in a foreign talent recruitment program as that term is defined by the Director of the Office of Science and Technology Policy pursuant to section 10631(c) of the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167; 42 U.S.C. 19231))) from a foreign adversary country or has participated in such a program at any time in the period of 10 years preceding the date of application for a covered award. The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). The term research agency means any Federal agency with an annual extramural research expenditure.
Section 781
1801. Alignment of the defense acquisition system with the needs of members of the Armed Forces Section 3102 of title 10, United States Code, is amended to read as follows: The Secretary of Defense shall ensure that the defense acquisition system exists to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable. The Secretary of Defense shall issue guidance to carry out subsection (a) that requires the following: All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense. The defense acquisition system maximizes the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability. The defense acquisition system encourages and supports the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threats. The defense acquisition system encourages an iterative approach to designing and testing technical solutions to enable early identification of solutions that do not deliver desired results. The defense acquisition system supports a leadership and organizational structure that encourages risk-taking, collaboration, and learning through failure. The training and development of members of the acquisition workforce ensures that such members have the skills to effectively manage acquisition activities in accordance with this section. Section 133b(b) of title 10, United States Code, is amended— in paragraph (1), by striking delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department) and inserting expeditiously providing the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable; and in paragraph (9)(A), by striking defense acquisition programs and inserting the defense acquisition system, in accordance with the objectives established by section 3102 of this title. Section 139 of title 10, United States Code, is amended— in subsection (b), by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and by inserting before paragraph (2), as so redesignated, the following new paragraph: ensure that all operational test and evaluation activities are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established by section 3102 of this title; Section 139a(d) of title 10, United States Code, is amended by inserting shall carry out the requirements of this section in accordance with the objectives established by section 3102 of this title and before shall serve. Section 3103 of title 10, United States Code, is amended— in subsection (a), by striking to ensure the successful and efficient operation of the defense acquisition system and inserting in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title; and in subsection (b), by striking to ensure the successful and efficient operation of such elements of the defense acquisition system. and inserting the following: in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall perform the following: Implement strategies to effectively and efficiently respond to changes in capability requirements. Use data-driven decisionmaking to manage trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver the best value for the investment made in the program. Use iterative development cycles and discontinue or terminate the development of capabilities— that no longer align with approved capability requirements or priorities; or are experiencing significant cost growth, performance deficiencies, or delays in schedule. Provide to the Joint Requirements Council timely updates on changes to the acquisition programs under the service acquisition executive, including any material changes to the capability requirements, the quantity to be procured, or the delivery schedule, to enable the Joint Requirements Council to identify and prioritize gaps in joint military capabilities resulting from such changes in accordance with section 181(b) of this title. Ensure the period of assignment of an individual serving in a critical acquisition position (as defined in section 1731 of this title) is of sufficient duration to ensure the development and use of acquired expertise, institutional capacity, accountability in decisionmaking, and stability in the oversight and management of acquisition activities. Ensure that contracting officers are appropriately trained and assigned to support effective contract management. Section 3104(a) of title 10, United States Code, is amended— by inserting , in accordance with the objectives established pursuant to section 3102, after Secretary of the military department concerned; and by amending paragraphs (1) through (7) to read as follows: The development of capability requirement statements for equipping the armed force concerned that— describe the operational problem to provide necessary context for the capability requirement; and describe the solution sought in a non-prescriptive manner to allow agile and innovative capability development to address the operational problem; The implementation of strategies to effectively and efficiently inform recommendations regarding changes in capability requirements described in paragraph (1). The recommendation of trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition programs deliver best value for the investment made. In consultation with the Joint Requirements Council, the establishment and prioritization of requirements to expeditiously provide the armed forces with the capabilities needed to operate effectively, to address evolving threats, and to maintain the military advantage of the United States. The use of data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements (as defined in section 4322 of this title) and the materiel readiness objectives established by the Secretary of the military department concerned under section 118(c) of this title. Support for an environment that enables the adoption and integration of innovative solutions and technologies to enhance military effectiveness and responsiveness. Any recommendation for the termination of the development of capabilities— that no longer align with approved capability requirements or priorities; for which costs have significantly increased; or for which schedule delays have been significant. Support for the development of career paths in acquisition for military personnel (as required by section 1722a of this title) to ensure such personnel have the necessary skills, knowledge, and experience to fulfill the objectives established pursuant to section 3102 of this title. Section 3104(b) of title 10, United States Code, is amended— in paragraph (1), by striking program capability document supporting a Milestone B or subsequent decision and inserting requirements documents; and in paragraph (2)— in subparagraph (A), by striking prior to entry into the Materiel Solution Analysis Phase under Department of Defense Instruction 5000.02; and in subparagraph (B), by striking cost, schedule, technical feasibility, and performance trade-offs and inserting life-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs. Section 3104(d) of title 10, United States Code, is amended to read as follows: In this section, the term requirements document means a document that establishes the need for a materiel approach to resolve a capability requirement or a joint capability requirement (as such terms are defined in section 181 of this title). Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Directive 5000.01 and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section. Section 3101 of title 10, United States Code, is amended to read as follows: In this chapter: The term best value means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule. The term capability requirement has the meaning provided in section 181 of this title. The term cost-effective means, with respect to an acquisition, the capacity to deliver better results for the same or lower cost compared to alternatives. Section 3001(c) of title 10, United States Code, is amended by striking this section and inserting this part. 3102.Objectives of the defense acquisition system (a)In generalThe Secretary of Defense shall ensure that the defense acquisition system exists to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.
(b)GuidanceThe Secretary of Defense shall issue guidance to carry out subsection (a) that requires the following: (1)All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense.
(2)The defense acquisition system maximizes the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability. (3)The defense acquisition system encourages and supports the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threats.
(4)The defense acquisition system encourages an iterative approach to designing and testing technical solutions to enable early identification of solutions that do not deliver desired results. (5)The defense acquisition system supports a leadership and organizational structure that encourages risk-taking, collaboration, and learning through failure.
(6)The training and development of members of the acquisition workforce ensures that such members have the skills to effectively manage acquisition activities in accordance with this section.. (1)ensure that all operational test and evaluation activities are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established by section 3102 of this title;. in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall perform the following: (1)Implement strategies to effectively and efficiently respond to changes in capability requirements.
(2)Use data-driven decisionmaking to manage trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver the best value for the investment made in the program. (3)Use iterative development cycles and discontinue or terminate the development of capabilities—
(A)that no longer align with approved capability requirements or priorities; or (B)are experiencing significant cost growth, performance deficiencies, or delays in schedule.
(4)Provide to the Joint Requirements Council timely updates on changes to the acquisition programs under the service acquisition executive, including any material changes to the capability requirements, the quantity to be procured, or the delivery schedule, to enable the Joint Requirements Council to identify and prioritize gaps in joint military capabilities resulting from such changes in accordance with section 181(b) of this title. (5)Ensure the period of assignment of an individual serving in a critical acquisition position (as defined in section 1731 of this title) is of sufficient duration to ensure the development and use of acquired expertise, institutional capacity, accountability in decisionmaking, and stability in the oversight and management of acquisition activities.
(6)Ensure that contracting officers are appropriately trained and assigned to support effective contract management. . (1)The development of capability requirement statements for equipping the armed force concerned that— (A)describe the operational problem to provide necessary context for the capability requirement; and
(B)describe the solution sought in a non-prescriptive manner to allow agile and innovative capability development to address the operational problem; (2)The implementation of strategies to effectively and efficiently inform recommendations regarding changes in capability requirements described in paragraph (1).
(3)The recommendation of trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition programs deliver best value for the investment made. (4)In consultation with the Joint Requirements Council, the establishment and prioritization of requirements to expeditiously provide the armed forces with the capabilities needed to operate effectively, to address evolving threats, and to maintain the military advantage of the United States.
(5)The use of data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements (as defined in section 4322 of this title) and the materiel readiness objectives established by the Secretary of the military department concerned under section 118(c) of this title. (6)Support for an environment that enables the adoption and integration of innovative solutions and technologies to enhance military effectiveness and responsiveness.
(7)Any recommendation for the termination of the development of capabilities— (A)that no longer align with approved capability requirements or priorities;
(B)for which costs have significantly increased; or (C)for which schedule delays have been significant.
(8)Support for the development of career paths in acquisition for military personnel (as required by section 1722a of this title) to ensure such personnel have the necessary skills, knowledge, and experience to fulfill the objectives established pursuant to section 3102 of this title.. (d)Requirements document definedIn this section, the term requirements document means a document that establishes the need for a materiel approach to resolve a capability requirement or a joint capability requirement (as such terms are defined in section 181 of this title).. 3101.DefinitionsIn this chapter: (1)The term best value means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule.
(2)The term capability requirement has the meaning provided in section 181 of this title. (3)The term cost-effective means, with respect to an acquisition, the capacity to deliver better results for the same or lower cost compared to alternatives..
Section 782
3102. Objectives of the defense acquisition system The Secretary of Defense shall ensure that the defense acquisition system exists to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable. The Secretary of Defense shall issue guidance to carry out subsection (a) that requires the following: All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense. The defense acquisition system maximizes the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability. The defense acquisition system encourages and supports the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threats. The defense acquisition system encourages an iterative approach to designing and testing technical solutions to enable early identification of solutions that do not deliver desired results. The defense acquisition system supports a leadership and organizational structure that encourages risk-taking, collaboration, and learning through failure. The training and development of members of the acquisition workforce ensures that such members have the skills to effectively manage acquisition activities in accordance with this section.
Section 783
3101. Definitions In this chapter: The term best value means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule. The term capability requirement has the meaning provided in section 181 of this title. The term cost-effective means, with respect to an acquisition, the capacity to deliver better results for the same or lower cost compared to alternatives.
Section 784
1802. Program executive officer responsibilities Subchapter III of chapter 87 of title 10, United States Code, is amended by inserting after section 1731 the following new section: A program executive officer is the senior official responsible for the oversight of the plans, budgets, and execution of the programs assigned to the portfolio of such senior official, including life-cycle management. In carrying the activities described in subsection (a), the program executive officer shall seek to achieve the following objectives: Expeditiously provide the armed forces with the capabilities needed to operate effectively, address evolving threats, and maintain the military advantage of the United States in the most cost-effective manner practicable. Maximize the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability. Enable the integration of innovative solutions and technologies to enhance military effectiveness and responsiveness to emerging threats. For the programs assigned to the portfolio of a program executive officer, such program executive officer shall be responsible for the following: Provide expeditious delivery of the capabilities necessary to effectively respond to national security challenges by overseeing the procurement, development, and sustainment of defense acquisition programs assigned to the program executive officer. Ensure the cost-effective allocation of resources by delivering operational capabilities. Adjust requirements, other than requirements that are established as key performance parameters, to maximize the agility and speed in program execution in accordance with the objectives described in subsection (b). Use iterative development cycles and discontinue or terminate the development of capabilities— that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or that are experiencing significant cost growth, performance deficiencies, or delays in schedule. Evaluate and implement trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver best value in meeting capability requirements (as defined in section 181 of this title). Use data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives established by the Secretary concerned under section 118(c) of this title. Collaborate with the Mission Engineering and Integration Activity established under section 1813 of the of the National Defense Authorization Act for Fiscal Year 2026 to conduct cross-service technical and operational activities to integrate emerging technologies, prototypes, and operational concepts, as appropriate. Provide support to the Requirements, Acquisition, and Programming Integration Directorate with respect to the performance of the responsibilities of the Directorate under section 186 of this title and serve as a member of the Directorate in accordance with such section. A program executive officer shall be the milestone decision authority for a program when directed by the service acquisition executive of the military department that is managing the program or if designated by the Secretary of Defense. The Secretary concerned with respect to a program executive officer shall ensure that each such program executive officer is assigned dedicated personnel and other resources required to successfully perform the assigned duties and responsibilities of such program executive officer. Personnel shall be under the exclusive authority and control of such officer. Personnel and resources shall not be provided through matrixed, collateral duty, or dual-reporting arrangements, except as specifically authorized by the Secretary in writing. Personnel and resources required include— contracting and contract management; estimating costs; financial management; life-cycle management and product support; program management; engineering and technical management; and developmental testing and evaluation. Section 1737(a)(4) of title 10, United States Code, is amended to read as follows: The term program executive officer means an individual described in section 1732(a) of this title. 1732.Program executive officer
(a)In generalA program executive officer is the senior official responsible for the oversight of the plans, budgets, and execution of the programs assigned to the portfolio of such senior official, including life-cycle management. (b)ObjectivesIn carrying the activities described in subsection (a), the program executive officer shall seek to achieve the following objectives:
(1)Expeditiously provide the armed forces with the capabilities needed to operate effectively, address evolving threats, and maintain the military advantage of the United States in the most cost-effective manner practicable. (2)Maximize the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability.
(3)Enable the integration of innovative solutions and technologies to enhance military effectiveness and responsiveness to emerging threats. (c)Specific responsibilities (1)In generalFor the programs assigned to the portfolio of a program executive officer, such program executive officer shall be responsible for the following:
(A)Provide expeditious delivery of the capabilities necessary to effectively respond to national security challenges by overseeing the procurement, development, and sustainment of defense acquisition programs assigned to the program executive officer. (B)Ensure the cost-effective allocation of resources by delivering operational capabilities.
(C)Adjust requirements, other than requirements that are established as key performance parameters, to maximize the agility and speed in program execution in accordance with the objectives described in subsection (b). (D)Use iterative development cycles and discontinue or terminate the development of capabilities—
(i)that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or (ii)that are experiencing significant cost growth, performance deficiencies, or delays in schedule.
(E)Evaluate and implement trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver best value in meeting capability requirements (as defined in section 181 of this title). (F)Use data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives established by the Secretary concerned under section 118(c) of this title.
(G)Collaborate with the Mission Engineering and Integration Activity established under section 1813 of the of the National Defense Authorization Act for Fiscal Year 2026 to conduct cross-service technical and operational activities to integrate emerging technologies, prototypes, and operational concepts, as appropriate. (H)Provide support to the Requirements, Acquisition, and Programming Integration Directorate with respect to the performance of the responsibilities of the Directorate under section 186 of this title and serve as a member of the Directorate in accordance with such section.
(2)Milestone decision authority dutiesA program executive officer shall be the milestone decision authority for a program when directed by the service acquisition executive of the military department that is managing the program or if designated by the Secretary of Defense. (d)Functional SupportThe Secretary concerned with respect to a program executive officer shall ensure that each such program executive officer is assigned dedicated personnel and other resources required to successfully perform the assigned duties and responsibilities of such program executive officer. Personnel shall be under the exclusive authority and control of such officer. Personnel and resources shall not be provided through matrixed, collateral duty, or dual-reporting arrangements, except as specifically authorized by the Secretary in writing. Personnel and resources required include—
(1)contracting and contract management; (2)estimating costs;
(3)financial management; (4)life-cycle management and product support;
(5)program management; (6)engineering and technical management; and
(7)developmental testing and evaluation.. (4)The term program executive officer means an individual described in section 1732(a) of this title..
Section 785
1732. Program executive officer A program executive officer is the senior official responsible for the oversight of the plans, budgets, and execution of the programs assigned to the portfolio of such senior official, including life-cycle management. In carrying the activities described in subsection (a), the program executive officer shall seek to achieve the following objectives: Expeditiously provide the armed forces with the capabilities needed to operate effectively, address evolving threats, and maintain the military advantage of the United States in the most cost-effective manner practicable. Maximize the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability. Enable the integration of innovative solutions and technologies to enhance military effectiveness and responsiveness to emerging threats. For the programs assigned to the portfolio of a program executive officer, such program executive officer shall be responsible for the following: Provide expeditious delivery of the capabilities necessary to effectively respond to national security challenges by overseeing the procurement, development, and sustainment of defense acquisition programs assigned to the program executive officer. Ensure the cost-effective allocation of resources by delivering operational capabilities. Adjust requirements, other than requirements that are established as key performance parameters, to maximize the agility and speed in program execution in accordance with the objectives described in subsection (b). Use iterative development cycles and discontinue or terminate the development of capabilities— that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or that are experiencing significant cost growth, performance deficiencies, or delays in schedule. Evaluate and implement trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver best value in meeting capability requirements (as defined in section 181 of this title). Use data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives established by the Secretary concerned under section 118(c) of this title. Collaborate with the Mission Engineering and Integration Activity established under section 1813 of the of the National Defense Authorization Act for Fiscal Year 2026 to conduct cross-service technical and operational activities to integrate emerging technologies, prototypes, and operational concepts, as appropriate. Provide support to the Requirements, Acquisition, and Programming Integration Directorate with respect to the performance of the responsibilities of the Directorate under section 186 of this title and serve as a member of the Directorate in accordance with such section. A program executive officer shall be the milestone decision authority for a program when directed by the service acquisition executive of the military department that is managing the program or if designated by the Secretary of Defense. The Secretary concerned with respect to a program executive officer shall ensure that each such program executive officer is assigned dedicated personnel and other resources required to successfully perform the assigned duties and responsibilities of such program executive officer. Personnel shall be under the exclusive authority and control of such officer. Personnel and resources shall not be provided through matrixed, collateral duty, or dual-reporting arrangements, except as specifically authorized by the Secretary in writing. Personnel and resources required include— contracting and contract management; estimating costs; financial management; life-cycle management and product support; program management; engineering and technical management; and developmental testing and evaluation.
Section 786
1803. Product support manager responsibilities and requirements Subchapter III of chapter 87 of title 10, United States Code, is amended by inserting after section 1732, as added by section 1802, the following new section: A product support manager is the individual responsible for managing support functions required to field and maintain the readiness and operational capability of a covered system in support of the life-cycle management responsibilities of the program manager for such covered system. In carrying the activities described in subsection (a), the product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to section 3102 of this title. A product support manager shall be responsible for the following: Provide product support and subject matter expertise with respect to a covered system to the program manager for the covered system to assist with the development, resourcing, implementation, and execution of the product support strategy developed by the product support manager under section 4322 of this title for the covered system. Collaborate with the chief engineer and systems engineers for the covered system— to develop the life-cycle sustainment plan and any product support plans for the covered system; and to analyze the operating and support costs of the covered system to ensure the cost-effective operation, management, and availability of the covered system. Conduct early risk identification, mitigation, and product support analyses that inform best value solutions in life-cycle planning and management. Provide input on systems engineering requirements, design, budgeting, maintenance planning, and acquisition strategies for covered systems. Support the program manager in evaluating trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure each covered system delivers the greatest value for the investment made in the covered system. Use data-driven decisionmaking, predictive analysis, and appropriate modeling tools related to reliability and maintainability of the covered system to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title). Support each Secretary of a military department in performance of a core logistics analysis pursuant to section 2464 of this title. In this section, the term covered system has the meaning given in section 4322 of this title. Section 1735 title 10, United States Code, is amended— by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and by inserting after subsection (b) the following new subsection: Before being assigned to a position as product support manager, a person— shall have completed all life-cycle logistics certification and training requirements prescribed by the Secretary of Defense; shall have executed a written agreement as required in section 1734(b)(2) of this title; and in the case of— a product support manager of a major defense acquisition program, shall have at least eight years of experience in life-cycle logistics, at least two years of which were performed in a systems program office or similar organization; and a product support manager of a significant nonmajor defense acquisition program, shall have at least six years of experience in life-cycle logistics. Section 1731(a)(1)(B) title 10, United States Code, is amended by adding at the end the following new clause: Product support manager. 1733.Product support manager
(a)In generalA product support manager is the individual responsible for managing support functions required to field and maintain the readiness and operational capability of a covered system in support of the life-cycle management responsibilities of the program manager for such covered system. (b)ObjectivesIn carrying the activities described in subsection (a), the product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to section 3102 of this title.
(c)Specific responsibilitiesA product support manager shall be responsible for the following: (1)Provide product support and subject matter expertise with respect to a covered system to the program manager for the covered system to assist with the development, resourcing, implementation, and execution of the product support strategy developed by the product support manager under section 4322 of this title for the covered system.
(2)Collaborate with the chief engineer and systems engineers for the covered system— (A)to develop the life-cycle sustainment plan and any product support plans for the covered system; and
(B)to analyze the operating and support costs of the covered system to ensure the cost-effective operation, management, and availability of the covered system. (3)Conduct early risk identification, mitigation, and product support analyses that inform best value solutions in life-cycle planning and management.
(4)Provide input on systems engineering requirements, design, budgeting, maintenance planning, and acquisition strategies for covered systems. (5)Support the program manager in evaluating trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure each covered system delivers the greatest value for the investment made in the covered system.
(6)Use data-driven decisionmaking, predictive analysis, and appropriate modeling tools related to reliability and maintainability of the covered system to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title). (7)Support each Secretary of a military department in performance of a core logistics analysis pursuant to section 2464 of this title.
(d)Covered system definedIn this section, the term covered system has the meaning given in section 4322 of this title. . (c)Product support managerBefore being assigned to a position as product support manager, a person— (1)shall have completed all life-cycle logistics certification and training requirements prescribed by the Secretary of Defense;
(2)shall have executed a written agreement as required in section 1734(b)(2) of this title; and (3)in the case of—
(A)a product support manager of a major defense acquisition program, shall have at least eight years of experience in life-cycle logistics, at least two years of which were performed in a systems program office or similar organization; and (B) a product support manager of a significant nonmajor defense acquisition program, shall have at least six years of experience in life-cycle logistics.. (iv)Product support manager..
Section 787
1733. Product support manager A product support manager is the individual responsible for managing support functions required to field and maintain the readiness and operational capability of a covered system in support of the life-cycle management responsibilities of the program manager for such covered system. In carrying the activities described in subsection (a), the product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to section 3102 of this title. A product support manager shall be responsible for the following: Provide product support and subject matter expertise with respect to a covered system to the program manager for the covered system to assist with the development, resourcing, implementation, and execution of the product support strategy developed by the product support manager under section 4322 of this title for the covered system. Collaborate with the chief engineer and systems engineers for the covered system— to develop the life-cycle sustainment plan and any product support plans for the covered system; and to analyze the operating and support costs of the covered system to ensure the cost-effective operation, management, and availability of the covered system. Conduct early risk identification, mitigation, and product support analyses that inform best value solutions in life-cycle planning and management. Provide input on systems engineering requirements, design, budgeting, maintenance planning, and acquisition strategies for covered systems. Support the program manager in evaluating trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure each covered system delivers the greatest value for the investment made in the covered system. Use data-driven decisionmaking, predictive analysis, and appropriate modeling tools related to reliability and maintainability of the covered system to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title). Support each Secretary of a military department in performance of a core logistics analysis pursuant to section 2464 of this title. In this section, the term covered system has the meaning given in section 4322 of this title.
Section 788
1804. Amendments to life-cycle management and product support Chapter 323 of title 10, United States Code, is amended— by repealing sections 4321, 4323, and 4324; by redesignating section 4328 as section 4321 and transferring such section so as to appear after the table of sections at the beginning of such chapter; by redesignating section 4325 as section 4323 and transferring such section so as to appear after section 4321; in section 4323, as so redesignated, by striking section 4324 of this title and inserting section 4322 of this title; and by amending the table of sections at the beginning of such chapter to read as follows: Section 3041(a) of title 10, United States Code, is amended by striking sections 4292(e) and 4321 and inserting section 4292(e). Section 3221(b)(2) of title 10, United States Code, is amended by striking 4321, 4323, and 4328 of this title and inserting and 4321 of this title,. Section 4211(c)(2)(D) of title 10, United States Code, is amended by striking section 4324 of this title and inserting section 4322 of this title. Section 4252(b)(14) of title 10, United States Code, is amended by striking section 4324(b) of this title and inserting section 4322 of this title. Chapter 323 of title 10, United States Code, as amended by subsection (a), is further amended by inserting after section 4321 the following new section: The Secretary of Defense shall ensure that each covered system is supported by a life-cycle sustainment plan— that is approved by the senior acquisition executive responsible for such covered system; and that meets applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable. The Secretary of Defense shall designate a product support manager (as defined in section 1733 of this title) to serve under the supervision of a program manager for each covered system. A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following: A comprehensive product support strategy to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system. A life-cycle cost estimate for the covered system that— is based on the planned product support strategy described in subparagraph (A); and if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval (as defined in section 4251(e) of this title), Milestone B approval, or Milestone C approval (as such terms are defined in section 4172(e) of this title). Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management. An intellectual property management plan for product support developed in accordance with section 3774 of this title. A strategy to maximize use of public and private sector capabilities to establish Government-private partnerships— with appropriate incentives for each partner to contribute to the achievement of operational readiness requirements and materiel readiness objectives in the most cost-effective manner practicable; and that considers the roles of each partner as the covered system transitions from acquisition, development, production, fielding, sustainment, and disposal. A plan to transition the covered system from production to initial fielding that addresses specific products or services required for successful initial fielding of the covered system, including— a description of the necessary tooling or other unique support equipment, requirements for initial spare parts and components, technical handbooks and maintenance manuals, maintenance training, and facilities; an identification of the funding required to provide such products and services for any initial fielding location of the covered system; an identification of any procurement line, program element, or subactivity group in the budget of the Secretary concerned associated with such products or services; the timeline for delivery of such products and services; and an assessment of any reduction in operational readiness requirements and materiel readiness objectives if such products and services are not provided in accordance with clause (iv). In developing each life-cycle sustainment plan required by this section, the product support manager shall consider the following: Affordability constraints and key cost factors that could affect operating and support costs during the life cycle of the covered system. Sustainment risks or challenges to sustaining the covered system in operational environments, included contested logistics environments (as defined in section 2926 of this title). Compliance with— requirements to maintain a core logistics capability under section 2464 of this title; and limitations on the performance of depot-level maintenance of materiel under section 2466 of this title. A defense industrial base strategy to maintain a robust, resilient, and innovative defense industrial base to support requirements throughout the life cycle of the covered system. In carrying out the duties of this section and section 1733 of this title, the product support manager shall— continuously assess and actively manage performance of each covered system for which the product support manager is responsible against the life-cycle sustainment plan for such covered system; and as appropriate, integrate commercial best practices, use commercial standards, and use advanced technologies to enhance the product support of each covered system. The product support manager shall recommend changes to the product support strategy required under subsection (c)(1)(A) of a covered system to the program manager responsible for such covered system to meet the requirements of subsection (a). The program manager shall provide to the senior acquisition executive responsible for a covered system any recommendations for such covered system made under paragraph (1) that the program manager did not implement along with the rationale for not implementing such recommendations. In this section: The term covered system means— a major defense acquisition program as defined in section 4201 of this title; a major subprogram as described in section 4203 of this title; or an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of this title. The term operational readiness means the capability of a unit of the armed forces, vessel, weapon system, or equipment to perform the missions or functions for which it is organized or designed. The term product support means the set of support functions, as determined by the product support manager, required to field and maintain the readiness and operational capability of a covered system, or a subsystem or component of a covered system. Section 118 of title 10, United States Code, is amended— in the section heading, by inserting materiel readiness before objectives; in subsection (b), by striking shall address and inserting shall establish procedures and a computation methodology to determine; in subsection (c)— in paragraph (1), by striking the metrics required and all that follows through the period at the end and inserting materiel readiness objectives for each major weapon system.; and in paragraph (2), by striking the metrics required by subsection (b) and inserting such readiness objectives; in subsection (d)(2), by striking readiness goals or objectives and inserting materiel readiness objectives; in subsection (e), in the matter preceding paragraph (1), by inserting a comma after designated mission; and in subsection (f)— by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and by inserting after paragraph (2) the following new paragraph: The term materiel readiness objective means the minimum required availability of each major weapon system that is necessary to fulfill the requirements of the strategic framework and guidance referred to in subsection (a). 4321. Weapon system design: sustainment factors.
4322. Life-cycle management and product support.
4323. Major weapon systems: assessment, management, and control of operating and support costs.. 4322.Life-cycle management and product support (a)In generalThe Secretary of Defense shall ensure that each covered system is supported by a life-cycle sustainment plan—
(1)that is approved by the senior acquisition executive responsible for such covered system; and (2)that meets applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
(b)Product support managerThe Secretary of Defense shall designate a product support manager (as defined in section 1733 of this title) to serve under the supervision of a program manager for each covered system. (c)Life-cycle sustainment plan (1)A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following:
(A)A comprehensive product support strategy to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system. (B)A life-cycle cost estimate for the covered system that—
(i)is based on the planned product support strategy described in subparagraph (A); and (ii)if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval (as defined in section 4251(e) of this title), Milestone B approval, or Milestone C approval (as such terms are defined in section 4172(e) of this title).
(C)Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management. (D)An intellectual property management plan for product support developed in accordance with section 3774 of this title.
(E)A strategy to maximize use of public and private sector capabilities to establish Government-private partnerships— (i)with appropriate incentives for each partner to contribute to the achievement of operational readiness requirements and materiel readiness objectives in the most cost-effective manner practicable; and
(ii)that considers the roles of each partner as the covered system transitions from acquisition, development, production, fielding, sustainment, and disposal. (F)A plan to transition the covered system from production to initial fielding that addresses specific products or services required for successful initial fielding of the covered system, including—
(i)a description of the necessary tooling or other unique support equipment, requirements for initial spare parts and components, technical handbooks and maintenance manuals, maintenance training, and facilities; (ii)an identification of the funding required to provide such products and services for any initial fielding location of the covered system;
(iii)an identification of any procurement line, program element, or subactivity group in the budget of the Secretary concerned associated with such products or services; (iv)the timeline for delivery of such products and services; and
(v)an assessment of any reduction in operational readiness requirements and materiel readiness objectives if such products and services are not provided in accordance with clause (iv). (2)In developing each life-cycle sustainment plan required by this section, the product support manager shall consider the following:
(A)Affordability constraints and key cost factors that could affect operating and support costs during the life cycle of the covered system. (B)Sustainment risks or challenges to sustaining the covered system in operational environments, included contested logistics environments (as defined in section 2926 of this title).
(C)Compliance with— (i)requirements to maintain a core logistics capability under section 2464 of this title; and
(ii)limitations on the performance of depot-level maintenance of materiel under section 2466 of this title. (D)A defense industrial base strategy to maintain a robust, resilient, and innovative defense industrial base to support requirements throughout the life cycle of the covered system.
(d)Continuous assessment and active managementIn carrying out the duties of this section and section 1733 of this title, the product support manager shall— (1)continuously assess and actively manage performance of each covered system for which the product support manager is responsible against the life-cycle sustainment plan for such covered system; and
(2)as appropriate, integrate commercial best practices, use commercial standards, and use advanced technologies to enhance the product support of each covered system. (e)Recommendations (1)The product support manager shall recommend changes to the product support strategy required under subsection (c)(1)(A) of a covered system to the program manager responsible for such covered system to meet the requirements of subsection (a).
(2)The program manager shall provide to the senior acquisition executive responsible for a covered system any recommendations for such covered system made under paragraph (1) that the program manager did not implement along with the rationale for not implementing such recommendations. (f)DefinitionsIn this section:
(1)The term covered system means— (A)a major defense acquisition program as defined in section 4201 of this title;
(B)a major subprogram as described in section 4203 of this title; or (C)an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of this title.
(2)The term operational readiness means the capability of a unit of the armed forces, vessel, weapon system, or equipment to perform the missions or functions for which it is organized or designed. (3)The term product support means the set of support functions, as determined by the product support manager, required to field and maintain the readiness and operational capability of a covered system, or a subsystem or component of a covered system.. (3)The term materiel readiness objective means the minimum required availability of each major weapon system that is necessary to fulfill the requirements of the strategic framework and guidance referred to in subsection (a)..
Section 789
4322. Life-cycle management and product support The Secretary of Defense shall ensure that each covered system is supported by a life-cycle sustainment plan— that is approved by the senior acquisition executive responsible for such covered system; and that meets applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable. The Secretary of Defense shall designate a product support manager (as defined in section 1733 of this title) to serve under the supervision of a program manager for each covered system. A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following: A comprehensive product support strategy to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system. A life-cycle cost estimate for the covered system that— is based on the planned product support strategy described in subparagraph (A); and if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval (as defined in section 4251(e) of this title), Milestone B approval, or Milestone C approval (as such terms are defined in section 4172(e) of this title). Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management. An intellectual property management plan for product support developed in accordance with section 3774 of this title. A strategy to maximize use of public and private sector capabilities to establish Government-private partnerships— with appropriate incentives for each partner to contribute to the achievement of operational readiness requirements and materiel readiness objectives in the most cost-effective manner practicable; and that considers the roles of each partner as the covered system transitions from acquisition, development, production, fielding, sustainment, and disposal. A plan to transition the covered system from production to initial fielding that addresses specific products or services required for successful initial fielding of the covered system, including— a description of the necessary tooling or other unique support equipment, requirements for initial spare parts and components, technical handbooks and maintenance manuals, maintenance training, and facilities; an identification of the funding required to provide such products and services for any initial fielding location of the covered system; an identification of any procurement line, program element, or subactivity group in the budget of the Secretary concerned associated with such products or services; the timeline for delivery of such products and services; and an assessment of any reduction in operational readiness requirements and materiel readiness objectives if such products and services are not provided in accordance with clause (iv). In developing each life-cycle sustainment plan required by this section, the product support manager shall consider the following: Affordability constraints and key cost factors that could affect operating and support costs during the life cycle of the covered system. Sustainment risks or challenges to sustaining the covered system in operational environments, included contested logistics environments (as defined in section 2926 of this title). Compliance with— requirements to maintain a core logistics capability under section 2464 of this title; and limitations on the performance of depot-level maintenance of materiel under section 2466 of this title. A defense industrial base strategy to maintain a robust, resilient, and innovative defense industrial base to support requirements throughout the life cycle of the covered system. In carrying out the duties of this section and section 1733 of this title, the product support manager shall— continuously assess and actively manage performance of each covered system for which the product support manager is responsible against the life-cycle sustainment plan for such covered system; and as appropriate, integrate commercial best practices, use commercial standards, and use advanced technologies to enhance the product support of each covered system. The product support manager shall recommend changes to the product support strategy required under subsection (c)(1)(A) of a covered system to the program manager responsible for such covered system to meet the requirements of subsection (a). The program manager shall provide to the senior acquisition executive responsible for a covered system any recommendations for such covered system made under paragraph (1) that the program manager did not implement along with the rationale for not implementing such recommendations. In this section: The term covered system means— a major defense acquisition program as defined in section 4201 of this title; a major subprogram as described in section 4203 of this title; or an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of this title. The term operational readiness means the capability of a unit of the armed forces, vessel, weapon system, or equipment to perform the missions or functions for which it is organized or designed. The term product support means the set of support functions, as determined by the product support manager, required to field and maintain the readiness and operational capability of a covered system, or a subsystem or component of a covered system.
Section 790
1805. Modifications relating to life-cycle and sustainment provisions Subsection (c)(1)(F) of section 4322 of title 10, United States Code, as amended by section 1804 of this Act, is further amended— by striking A plan and inserting After consideration of the views received by the milestone decision authority from appropriate materiel, logistics, or fleet representatives, a plan; by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; by inserting after clause (ii) the following new clause: an assessment as to the required number of training simulators, including the initial operational capability and overall fielding of such simulators; in clause (vi) (as so redeisgnated), by striking in accordance with clause (iv) and inserting in accordance with clause (v). Subsection (b) of section 4323 of title 10, United States Code, as redesignated by section 1804 of this Act, is amended— by striking paragraphs (9) and (10); by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; in paragraph (1), by inserting in accordance with the requirements of section 118 of this title and before in conjunction; in paragraph (3), by striking , to determine and all that follows through the semicolon at the end and inserting and make necessary adjustments to the life-cycle sustainment plan required by section 4322 of this title to ensure such major weapon system meets applicable operational readiness requirements and materiel readiness objectives (established in accordance with section 118(c) of this title) in the most cost-effective manner practicable;; by inserting after paragraph (3) the following new paragraph: require the military departments to, not later than August 1 of each calendar year, conduct an annual assessment of the actual performance of each major weapon system against the operational readiness requirements and materiel readiness objectives and use such assessment to— identify any factors contributing to a major weapon system failing to meet such requirements and objectives; develop and implement a corrective action plan to address identified shortfalls in meeting such requirements and objectives in an expeditious manner; and inform the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future years defense program described in section 221 of this title; in paragraph (9) (as so redesignated), by inserting and after the semicolon at the end; and by inserting after paragraph (9) (as so redesignated) the following new paragraph: prior to the Milestone B approval (or equivalent approval) for a major weapon system, require the military departments to prepare a life cycle intellectual property management plan for product support sufficient to comply with the requirements of section 2464 of this title, including requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title). Such section 4323 is further amended— by redesignating subsection (d) as subsection (e); and by inserting after subsection (c) the following new subsection: Not later than December 31, 2026, and annually thereafter, each Secretary of a military department shall submit to the congressional defense committees a report that includes the following: Findings from a review of the effectiveness of the life-cycle sustainment plan for a major weapon system, as adjusted pursuant to subsection (b)(3). Findings from the assessments required by subsection (b)(4). A description of any corrective action plan required by subsection (b)(4)(B), and an update on progress made in implementing such a plan. A description of how such assessments informed the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future years defense program described in section 221 of this title. A summary of actions taken by the Secretary to ensure that each major weapon system of the military department under the jurisdiction of the Secretary meet the applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable. For a major weapon system that has not met established materiel readiness objectives for materiel availability or operational availability (as such terms are defined, respectively, in section 118 of this title) for three consecutive years, such report shall include a mitigation plan to address supply, maintenance, or other issues contributing to failure to meet such objectives. (iii)an assessment as to the required number of training simulators, including the initial operational capability and overall fielding of such simulators;; and (4)require the military departments to, not later than August 1 of each calendar year, conduct an annual assessment of the actual performance of each major weapon system against the operational readiness requirements and materiel readiness objectives and use such assessment to— (A)identify any factors contributing to a major weapon system failing to meet such requirements and objectives;
(B)develop and implement a corrective action plan to address identified shortfalls in meeting such requirements and objectives in an expeditious manner; and (C)inform the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future years defense program described in section 221 of this title;; (10)prior to the Milestone B approval (or equivalent approval) for a major weapon system, require the military departments to prepare a life cycle intellectual property management plan for product support sufficient to comply with the requirements of section 2464 of this title, including requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title).. (d)Submission to CongressNot later than December 31, 2026, and annually thereafter, each Secretary of a military department shall submit to the congressional defense committees a report that includes the following: (1)Findings from a review of the effectiveness of the life-cycle sustainment plan for a major weapon system, as adjusted pursuant to subsection (b)(3).
(2)Findings from the assessments required by subsection (b)(4). (3)A description of any corrective action plan required by subsection (b)(4)(B), and an update on progress made in implementing such a plan.
(4)A description of how such assessments informed the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future years defense program described in section 221 of this title. (5)A summary of actions taken by the Secretary to ensure that each major weapon system of the military department under the jurisdiction of the Secretary meet the applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
(6)For a major weapon system that has not met established materiel readiness objectives for materiel availability or operational availability (as such terms are defined, respectively, in section 118 of this title) for three consecutive years, such report shall include a mitigation plan to address supply, maintenance, or other issues contributing to failure to meet such objectives..
Section 791
1806. Major capability activity areas and pathfinder programs 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 congressional defense committees a comprehensive plan for reorganizing the structure of the relevant defense budget materials to be primarily organized around major capability activity areas (MCAAs). The plan required under paragraph (1) shall be developed to more effectively facilitate the development, fielding, operation, sustainment, and modernization of capabilities or activities of the Department of Defense in accordance with the objectives established pursuant to section 3102 of title 10, United States Code, as added by section 1801 of this Act. Such plan shall include the following: A description of each proposed MCAA, including how the specific capability of the Department of Defense that is the subject of each MCAA aligns with and supports joint military capabilities. A proposed schedule, including benchmarks, for phased implementation of the plan to organize the programs of each military department and Defense Agency in a manner primarily organized around MCAAs. A description of any modifications to reporting, budget justification, or data systems required for defense budget materials to be primarily organized around MCAAs, including modifications necessary to maintain transparency and enable effective oversight by the congressional defense committees. Recommendations for statutory or regulatory changes needed to facilitate the reorganization of defense budget materials to be primarily organized around MCAAs. A strategy for maintaining clarity and detail for defense budget materials primarily organized around MCAAs to— preserve accountability for the delivery of a capability of the Department of Defense that is the subject of the MCAA; and enable effective oversight by the congressional defense committees. A description of the process for designating a Pathfinder under subsection (b). In designating the proposed MCAAs required by subsection (a)(2)(A), the Secretary shall— organize each proposed MCAA in a capability-oriented structure that reflects the unique and specific aspects of the subject capability of the MCAA; assign relevant development, procurement, operations, and sustainment activities of the Department to the proposed MCAA as appropriate; and ensure each proposed MCAA is organized in a manner that— will improve the ability to measure and manage the overall performance in the delivery of the subject capability of the proposed MCAA; and connects funding for activities assigned to the proposed MCAA to the delivery of subject capability. The Secretary of Defense shall ensure each military department and Defense Agency has flexibility, according to their specific mission requirements, in the organization of proposed MCAAs. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall— designate at least two program executive offices of the Department of Defense to be known as Pathfinders; identify the program executive officer (as described in section 1732 of title 10, United States Code, as added by section 1802 of this Act) with the responsibility of administering each such Pathfinder; ensure each such program executive officer organizes the programs assigned to such offices into a MCAA in accordance with the requirements of subsection (a)(3); and submit to the congressional defense committees a notification of each designation made under subparagraph (A), including the total amount authorized to be appropriated for each Pathfinder for fiscal year 2026 and a description of the MCAA associated with each Pathfinder. To inform the development of the plan required by subsection (a), each program executive officer for a Pathfinder shall prepare alternative or additional defense budget materials or develop alternative oversight mechanisms for the capability of the Department of Defense that is the subject of the Pathfinder. The Secretary of Defense, acting through a Secretary of a military department or the head of a Defense Agency, may transfer amounts authorized for programs, projects, or activities that are included in a Pathfinder under the jurisdiction of such Secretary or head among such programs, projects, or activities. A transfer made under this paragraph— shall directly support delivery of the capability of the Department of Defense that is the subject of the Pathfinder; may not be used to initiate a new start program (as described in section 3601 of title 10, United States Code); may not be used to terminate a program or activity of the Department that was in operation on or before the date of the designation of the Pathfinder; and may not exceed 40 percent of the total amount for a Pathfinder specified under paragraph (1)(D). The Secretary of Defense may designate additional MCAAs as Pathfinders under the authority of this subsection if the Secretary notifies the congressional defense committees not later than 15 days prior to each such designation. Not later than 540 days after the date of the enactment of this Act, and annually thereafter until December 31, 2029, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary of Defense in— implementing the plan to reorganize the structure of the defense budget materials to be primarily organized around major capability activity areas; and assessing the effectiveness of the use of a capability-oriented structure in subsection (a)(3) and Pathfinders in subsection (b) to— improve the ability to measure and manage the overall performance in the delivery of the subject capability of the proposed MCAA or Pathfinder; inform and improve budget planning for future activities assigned to the proposed MCAA or Pathfinder for the delivery of subject capability; and achieve the objectives of the defense acquisition system established pursuant to section 3102 of title 10, United States Code (as added by section 1801 of this Act). The report required under paragraph (1) shall include the following: An evaluation of how the use of MCAAs in preparing defense budget materials has affected the use and allocation of resources and the alignment of such materials with the objectives of the defense acquisition system. The extent to which MCAAs and use of the transfer authority under subsection (b)(3) for Pathfinders affect the speed of addressing emerging threats and adopting new technologies. An analysis of any costs or benefits of using MCAAs. Recommendations, including statutory or regulatory modifications, for— expanding the use of Pathfinders; and continuing the transition to using MCAAs to prepare defense budget materials. The Secretary of Defense shall issue such rules or guidance as necessary to carry out this section, and shall ensure such rules and guidance align with recommendations for improved agility and transparency provided by the Commission on Planning, Programming, Budgeting and Execution Reform (established under section 1004 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81)). In this section: 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. The term major capability activity area or MCAA means a compilation of activities that relate to the delivery of a capability of the Department of Defense, as determined by the Secretary of Defense, for purposes of display in the defense budget materials. The term joint military capabilities has the meaning given in section 181 of title 10, United States Code.
Section 792
1807. Project Spectrum Chapter 19 of title 10, United States Code, is amended by inserting before section 399 the following new section: There is within the Office of Small Business Programs of the Department of Defense a program, to be known as Project Spectrum, the purpose of which is to provide to covered entities, through an online platform, digital resources and services that increase awareness about cybersecurity risks and help such covered entities to comply with the cybersecurity requirements of the defense acquisition system. The Director of the Office of Small Business Programs may establish eligibility requirements for the receipt by a covered entity of a particular resource or service made available through Project Spectrum. To receive through Project Spectrum a resource or service for which the Director has established an eligibility requirement under subsection (b), a covered entity shall submit to the Director an application at such time, in such form, and containing such information as the Director determines appropriate. In carrying out Project Spectrum, the Director shall maintain an online platform through which the Director shall make available to each covered entity that the Director determines to be eligible under subsection (b) with respect to a given resource or service, the following: Educational materials regarding cybersecurity, including cybersecurity training courses and workforce development training. Guidance regarding best practices for cybersecurity matters, including guidance for developing internal cybersecurity policies and suggestions for procedures for reviewing any violation of such policies. Assessments of the cybersecurity practices and cybersecurity systems used by a covered entity. A review and feasibility assessment of products, software, and data security tools available in the commercial marketplace. Cybersecurity services, including dashboard monitoring services, continuous threat monitoring services, software patching services, and patch testing services. Cybersecurity readiness checks. A platform for secure data collaboration between two or more employees of a covered entity and between multiple covered entities. Any additional resources or services, as determined by the Director. In this section: The term covered entity means a supplier of the Department of Defense that is a small or medium business and registers to access the online platform of Project Spectrum. The term defense acquisition system has the meaning given to such term in section 3001 of this title. 398b.Project Spectrum
(a)Project Spectrum; purposeThere is within the Office of Small Business Programs of the Department of Defense a program, to be known as Project Spectrum, the purpose of which is to provide to covered entities, through an online platform, digital resources and services that increase awareness about cybersecurity risks and help such covered entities to comply with the cybersecurity requirements of the defense acquisition system. (b)EligibilityThe Director of the Office of Small Business Programs may establish eligibility requirements for the receipt by a covered entity of a particular resource or service made available through Project Spectrum.
(c)ApplicationTo receive through Project Spectrum a resource or service for which the Director has established an eligibility requirement under subsection (b), a covered entity shall submit to the Director an application at such time, in such form, and containing such information as the Director determines appropriate. (d)FunctionsIn carrying out Project Spectrum, the Director shall maintain an online platform through which the Director shall make available to each covered entity that the Director determines to be eligible under subsection (b) with respect to a given resource or service, the following:
(1)Educational materials regarding cybersecurity, including cybersecurity training courses and workforce development training. (2)Guidance regarding best practices for cybersecurity matters, including guidance for developing internal cybersecurity policies and suggestions for procedures for reviewing any violation of such policies.
(3)Assessments of the cybersecurity practices and cybersecurity systems used by a covered entity. (4)A review and feasibility assessment of products, software, and data security tools available in the commercial marketplace.
(5)Cybersecurity services, including dashboard monitoring services, continuous threat monitoring services, software patching services, and patch testing services. (6)Cybersecurity readiness checks.
(7)A platform for secure data collaboration between two or more employees of a covered entity and between multiple covered entities. (8)Any additional resources or services, as determined by the Director.
(e)DefinitionsIn this section: (1)The term covered entity means a supplier of the Department of Defense that is a small or medium business and registers to access the online platform of Project Spectrum.
(2)The term defense acquisition system has the meaning given to such term in section 3001 of this title..
Section 793
398b. Project Spectrum There is within the Office of Small Business Programs of the Department of Defense a program, to be known as Project Spectrum, the purpose of which is to provide to covered entities, through an online platform, digital resources and services that increase awareness about cybersecurity risks and help such covered entities to comply with the cybersecurity requirements of the defense acquisition system. The Director of the Office of Small Business Programs may establish eligibility requirements for the receipt by a covered entity of a particular resource or service made available through Project Spectrum. To receive through Project Spectrum a resource or service for which the Director has established an eligibility requirement under subsection (b), a covered entity shall submit to the Director an application at such time, in such form, and containing such information as the Director determines appropriate. In carrying out Project Spectrum, the Director shall maintain an online platform through which the Director shall make available to each covered entity that the Director determines to be eligible under subsection (b) with respect to a given resource or service, the following: Educational materials regarding cybersecurity, including cybersecurity training courses and workforce development training. Guidance regarding best practices for cybersecurity matters, including guidance for developing internal cybersecurity policies and suggestions for procedures for reviewing any violation of such policies. Assessments of the cybersecurity practices and cybersecurity systems used by a covered entity. A review and feasibility assessment of products, software, and data security tools available in the commercial marketplace. Cybersecurity services, including dashboard monitoring services, continuous threat monitoring services, software patching services, and patch testing services. Cybersecurity readiness checks. A platform for secure data collaboration between two or more employees of a covered entity and between multiple covered entities. Any additional resources or services, as determined by the Director. In this section: The term covered entity means a supplier of the Department of Defense that is a small or medium business and registers to access the online platform of Project Spectrum. The term defense acquisition system has the meaning given to such term in section 3001 of this title.
Section 794
1811. Joint Requirements Council Section 181 of title 10, United States Code, is amended— in the section heading, by striking Oversight; in subsection (a), by striking Joint Requirements Oversight Council in the Department of Defense. and inserting the following: Joint Requirements Council (in this section referred to as the Council) in the Department of Defense. The Council shall— assist the Chairman of the Joint Chiefs of Staff in carrying out the functions described in section 153 of this title; and provide recommendations for addressing joint operational problems to the Requirements, Acquisition, and Programming Integration Directorate established under section 186 of this title (in this section referred to as RAPID). by striking Joint Requirements Oversight Council each place it appears and inserting Joint Requirements Council. Subsection (b) of such section 181 is amended to read as follows: The Council shall support the objectives established pursuant to section 3102 of this title by performing the following duties: Continuously evaluating global trends, adversary capabilities, and emerging threats to inform awareness and understanding of joint operational problems. In coordination with commanders of combatant commands, compiling, refining, and prioritizing joint operational problems. Identifying and prioritizing gaps in joint military capabilities to address joint operational problems. Identifying advances in technology and innovative concepts of operation that could improve the ability of the joint force to address evolving threats and maintain the military advantage of the United States. Developing a joint capability requirement statement that— describes the joint operational problem to provide necessary context for the joint capability requirement; and describes the solution sought in a nonprescriptive manner to allow agile and innovative development of joint capability requirements to address the joint operational problem. Making the following recommendations to RAPID: With respect to a quick action requirement, actions to fulfill such quick action requirement, not later than 30 days after receipt or identification of such quick action requirement. Actions to fulfill each joint capability requirement necessary to address joint operational problems, not later than 60 days after receipt or identification of such a joint operational problem. Modifications to joint force design suitable for addressing joint operational problems or effectively integrating advancements in technology and new concepts of operation. Ways to improve operational effectiveness, increase operational flexibility, or improve interoperability and coordination between and among joint military capabilities and the military capabilities of allies or partners. Providing notification to Deputy Secretary of Defense— upon receipt or identification of a quick action requirement; and upon submission of any recommendation to RAPID. Subsection (c) of such section 181 is amended— in paragraph (1)(A)— by inserting and RAPID before for making recommendations; and by striking joint performance requirements and inserting joint capability requirements; and in paragraph (3), by inserting and RAPID after Chairman of the Joint Chiefs of Staff. Subsection (d) of such section 181 is amended— in paragraph (2)— by inserting strongly before consider; and by striking its mission under paragraphs (1) and (2) of subsection (b) and inserting the duties described in subsection (b); and in paragraph (3)— by striking seek, and strongly consider, and inserting seek and consider; by striking , in their roles as customers of the acquisition system,; and by striking under subsection (b)(2) and joint performance requirements pursuant to subsection (b)(3). Subsection (e) of such section 181 is amended to read as follows: The Chief of Staff of an armed force is responsible for the capability requirements for that armed force. Subsection (f) of such section 181 is amended— in the subsection heading, by inserting and engineering after Analytic; by inserting and the Mission Engineering and Integration Activity established under section 1813 of the National Defense Authorization Act for Fiscal Year 2026 after the Office of Cost Assessment and Program Evaluation; and by striking in operations research, systems analysis, and cost estimation to the Joint Requirements Oversight Council. Subsection (g) of such section 181 is amended— in the subsection heading, by striking oversight; and by striking oversight information and inserting information. Subsection (h) of such section 181 is amended to read as follows: In this section: The term capability requirement means a requirement for a capability that is critical or essential to address an operational problem. The term joint capability requirement means a capability requirement, including a capability requirement related to a requirement for joint force interoperability, that is critical or essential to address a specific joint operational problem. The term joint military capabilities means the collective capabilities across the joint force, including both joint and force-specific capabilities, that are available to conduct military operations. The term joint operational problem means a joint challenge faced by a combatant command in achieving an assigned military objective and may include limitations in capabilities, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, among joint military capabilities, or with the military capabilities of allies or partners. The term operational problem means a challenge or barrier in an operational environment that needs to be overcome to achieve a specific military objective. The term quick action requirement has the meaning given in Department of Defense Directive 5000.71 titled Rapid Fulfillment of Combatant Commander Urgent Operational Needs (August 24, 2012). Not later than 30 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs shall revise policies for the Joint Strategic Planning System (established under the Chairman of the Joint Chiefs of Staff Instruction 3100.01F), the Manual for the Operation of the Joint Capabilities Integration and Development System (issued October 30, 2021) and any other relevant instructions, policies, or guidance to carry out the requirements of this section and the amendments made by this section. Title 10, United States Code, is amended— in section 139a, by striking Joint Requirements Oversight Council each place it appears and inserting Joint Requirements Council; in section 153(a)(5)(F), by striking section 181 of this title and inserting sections 181 and 186 of this title; in section 179(c)(9)— by striking Joint Requirements Oversight Council and inserting Joint Requirements Council; and by striking section 181(h) and inserting section 181; in section 2926(f)(5)(C), by striking describing and all that follows through details regarding and inserting describing details regarding; in section 3067(b)(1), by striking Joint Requirements Oversight Council and inserting Joint Requirements Council; in section 3136(e)(1)(A)(ii), by striking approved by the Joint Requirements Oversight Council and and inserting recommended for approval by the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of this title); in section 4202(a)(2)(A), by striking joint military requirement and all that follows through the period at the end and inserting the following: joint capability requirement, as determined by the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of this title); by amending section 4251(e)(1) to read as follows: The term requirements document has the meaning given in section 3104(d) of this title. in section 4252(b)(9), by striking Joint Requirements Oversight Council and inserting Joint Requirements Council; in section 4376— in subsection (a), by striking , after consultation with the Joint Requirements Oversight Council regarding program requirements,; in subsection (b)(2)(B), by striking joint military requirement (as defined in section 181(g)(1) of this title) at less cost and inserting joint capability requirement at less cost; and in subsection (c)(3), by striking joint military requirements and inserting joint capability requirements; and in section 5514(b)(2)(C)(ii), by striking Joint Requirements Oversight Council and inserting Joint Requirements Council. Section 902(d) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 139a note) is amended— by striking , performance requirements, and joint performance requirements and inserting or performance requirements; and by striking Joint Requirements Oversight Council to validate such requirements and inserting Joint Requirements Council. Section 1684(d)(4)(A)(i) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2271 note) is amended by striking either approved by, or in development for, the Joint Requirements Oversight Council and inserting in development for consideration or under consideration by the Joint Requirements Council. Section 1686(b)(1) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2224 note) is amended by striking through the Joint Requirements Oversight Council and inserting in consultation with the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of title 10, United States Code). Section 1510(b)(2) of the National Defense Authorization Act for Fiscal Year 2023 (10 U.S.C. 113 note) is amended by striking Joint Requirements Oversight Council and inserting Joint Requirements Council. Section 915(a)(1) of the National Defense Authorization Act for Fiscal Year 2023 (10 U.S.C. 132 note) is amended by striking Joint Requirements Oversight Council and inserting Joint Requirements Council. Section 938(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 4571 note prec.) is amended by striking Joint Requirements Oversight Council and inserting Joint Requirements Council. The following provisions of law are repealed: Section 942 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 181 note). Section 916 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 181 note). Section 105(b) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 181 note). Section 201 of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 3102 note). Joint Requirements Council (in this section referred to as the Council) in the Department of Defense. The Council shall— (1)assist the Chairman of the Joint Chiefs of Staff in carrying out the functions described in section 153 of this title; and
(2)provide recommendations for addressing joint operational problems to the Requirements, Acquisition, and Programming Integration Directorate established under section 186 of this title (in this section referred to as RAPID).; and (b)DutiesThe Council shall support the objectives established pursuant to section 3102 of this title by performing the following duties:
(1)Continuously evaluating global trends, adversary capabilities, and emerging threats to inform awareness and understanding of joint operational problems. (2)In coordination with commanders of combatant commands, compiling, refining, and prioritizing joint operational problems.
(3)Identifying and prioritizing gaps in joint military capabilities to address joint operational problems. (4)Identifying advances in technology and innovative concepts of operation that could improve the ability of the joint force to address evolving threats and maintain the military advantage of the United States.
(5)Developing a joint capability requirement statement that— (A)describes the joint operational problem to provide necessary context for the joint capability requirement; and
(B)describes the solution sought in a nonprescriptive manner to allow agile and innovative development of joint capability requirements to address the joint operational problem. (6)Making the following recommendations to RAPID:
(A)With respect to a quick action requirement, actions to fulfill such quick action requirement, not later than 30 days after receipt or identification of such quick action requirement. (B)Actions to fulfill each joint capability requirement necessary to address joint operational problems, not later than 60 days after receipt or identification of such a joint operational problem.
(C)Modifications to joint force design suitable for addressing joint operational problems or effectively integrating advancements in technology and new concepts of operation. (D)Ways to improve operational effectiveness, increase operational flexibility, or improve interoperability and coordination between and among joint military capabilities and the military capabilities of allies or partners.
(7)Providing notification to Deputy Secretary of Defense— (A)upon receipt or identification of a quick action requirement; and
(B)upon submission of any recommendation to RAPID.. (e)Responsibility for Capability RequirementsThe Chief of Staff of an armed force is responsible for the capability requirements for that armed force.. (h)DefinitionsIn this section: (1)The term capability requirement means a requirement for a capability that is critical or essential to address an operational problem.
(2)The term joint capability requirement means a capability requirement, including a capability requirement related to a requirement for joint force interoperability, that is critical or essential to address a specific joint operational problem. (3)The term joint military capabilities means the collective capabilities across the joint force, including both joint and force-specific capabilities, that are available to conduct military operations.
(4)The term joint operational problem means a joint challenge faced by a combatant command in achieving an assigned military objective and may include limitations in capabilities, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, among joint military capabilities, or with the military capabilities of allies or partners. (5)The term operational problem means a challenge or barrier in an operational environment that needs to be overcome to achieve a specific military objective.
(6)The term quick action requirement has the meaning given in Department of Defense Directive 5000.71 titled Rapid Fulfillment of Combatant Commander Urgent Operational Needs (August 24, 2012).. (1)The term requirements document has the meaning given in section 3104(d) of this title.;
Section 795
1812. Establishment of the Requirements, Acquisition, and Programming Integration Directorate Chapter 7 of title 10, United States Code, is amended by inserting after section 185 the following new section: There is within the Department of Defense a Requirements, Acquisition, and Programming Integration Directorate (in this section referred to as RAPID). RAPID shall— serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate solutions to joint operational problems; provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and act as an advisory body to the Secretary of Defense and the Deputy Secretary of Defense with respect to such matters. RAPID shall consist of the following members: The Chairman of the Joint Requirements Council and the Director of Cost Assessment and Program Evaluation, who shall serve as co-directors of RAPID. One member designated by each commander of a combatant command. One member designated by the Chairman of the Joint Requirements Council. One member designated by the Director of Cost Assessment and Program Evaluation. One member designated by each service acquisition executive of a military department. One member designated by the principal staff assistant for the Mission Engineering and Integration Activity (established under section 1813 of the National Defense Authorization Act for Fiscal Year 2026). One member designated by the executive director of the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled Rapid Fulfillment of Combatant Commander Urgent Operational Needs (August 24, 2012). One member designated by each portfolio executive officer or a similar member of the acquisition workforce responsible for the execution of a recommendation under consideration by RAPID. RAPID shall— promptly convene relevant members to assess a proposed joint capability requirement to address a joint operational problem by considering, with respect to such proposed joint capability requirement— associated resource requirements; mission engineering and interoperability considerations for integration into joint architectures; and factors related to acquisition and sustainment; and provide prioritized recommendations for solutions to such joint operational problem to the Secretary of Defense and Deputy Secretary of Defense. In carrying out paragraph (1), RAPID shall— use data-driven decisionmaking to prioritize resource allocation; maximize the effective use of resources by enabling timely delivery of solutions to address a joint operational problem in a manner that provides the greatest value for the investment made; enable the adoption and integration of solutions to enhance military effectiveness and responsiveness to emerging threats; and in addition to any other considerations required under this subsection, consider— joint capability requirement statements or other relevant justification materials provided by the Joint Requirements Council; any analysis and recommendations provided by the Mission Engineering and Integration Activity or the Director of Cost Assessment and Program Evaluation relating to resource requirements described in paragraph (1)(A)(i); recommendations from relevant service acquisition executives or program executive officers related to planning and execution of the proposed joint capability requirement, including budget planning and management, acquisition approach, program management, and life-cycle management for a proposed joint capability requirement; and the need to incorporate measure for technology protection in certain covered systems to enable the use or sale of proposed technology solutions to joint operational problems with allies and partner countries in a manner that protects national security interest while promoting international collaboration. Not later than 30 days after the date of receipt of a recommendation with respect to a joint capability requirement for a joint operational problem, from the Joint Requirements Council in accordance with section 181 of this title, RAPID shall submit to the Deputy Secretary of Defense a recommendation for a solution to the joint operational problem that includes the following: A description of the resources needed to implement the solution and, as appropriate, resources needed to support the acquisition and sustainment of such solution of over the anticipated life cycle of the solution. Any recommended actions necessary to enable integration of the solution into the joint force or to revise joint concepts of operation to best resolve the joint operational problem. With respect to a solution for which access may be shared with an ally or partner country, recommended considerations— to be incorporated during the design and development phase of the solution; and to facilitate future production and logistics support for the solution to the ally or partner country. Any necessary changes to policy or guidance to enable effective acquisition, fielding, and employment of a solution that is a joint military capability. Any other recommended actions to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable. The co-chairs of RAPID may request an additional amount of time, not to exceed 30 days, to provide a recommendation related to a joint capability requirement that is not a quick action requirement to the Deputy Secretary of Defense under this subsection. Not later than 30 days after receipt of a recommendation under subsection (e), the Deputy Secretary of Defense shall issue a memorandum that approves, approves with modification, or rejects such a recommendation. The Deputy Secretary of Defense shall include along with a memorandum that approves or approves with modification a recommendation described in paragraph (1) specific direction and guidance to the applicable element of the Department of Defense to which such recommendation applies. The Deputy Secretary of Defense shall include along with a memorandum that rejects a recommendation described in paragraph (1) a specific direction— for alternative action to be taken by the applicable element of the Department of Defense to which such recommendation applies to address the relevant joint operational problem; or to RAPID for further action to address the relevant joint operational problem. If the Deputy Secretary of Defense fails to issue a memorandum as required by subsection (f) within 90 days after the date on which the Joint Requirements Council provides a recommendation to address a joint operational problem to the RAPID, the Secretary of Defense shall submit to the congressional defense committees a notification of such failure. In this section: The terms joint capability requirement, joint military capability, joint operational problem, and quick action requirement have the meanings given, respectively, in section 181 of this title. The term relevant member means a member of RAPID (or a designee) that has a primary interest in, or responsibility for, a proposed joint capability requirement or quick action requirement under assessment by RAPID. Section 139a(d) of title 10, United States Code, is amended— by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; and by inserting after paragraph (3) the following new paragraph: Analysis and advice for resource discussions relating to joint capability requirements under consideration by the Requirements, Acquisition, and Programming Integration Directorate pursuant to section 186 of this title. 186.Requirements, Acquisition, and Programming Integration Directorate
(a)EstablishmentThere is within the Department of Defense a Requirements, Acquisition, and Programming Integration Directorate (in this section referred to as RAPID). (b)PurposesRAPID shall—
(1)serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate solutions to joint operational problems; (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 and the Deputy Secretary of Defense with respect to such matters. (c)Organization and membershipRAPID shall consist of the following members:
(1)The Chairman of the Joint Requirements Council and the Director of Cost Assessment and Program Evaluation, who shall serve as co-directors of RAPID. (2)One member designated by each commander of a combatant command.
(3)One member designated by the Chairman of the Joint Requirements Council. (4)One member designated by the Director of Cost Assessment and Program Evaluation.
(5)One member designated by each service acquisition executive of a military department. (6)One member designated by the principal staff assistant for the Mission Engineering and Integration Activity (established under section 1813 of the National Defense Authorization Act for Fiscal Year 2026).
(7)One member designated by the executive director of the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled Rapid Fulfillment of Combatant Commander Urgent Operational Needs (August 24, 2012). (8)One member designated by each portfolio executive officer or a similar member of the acquisition workforce responsible for the execution of a recommendation under consideration by RAPID.
(d)Responsibilities
(1)RAPID shall— (A)promptly convene relevant members to assess a proposed joint capability requirement to address a joint operational problem by considering, with respect to such proposed joint capability requirement—
(i)associated resource requirements; (ii)mission engineering and interoperability considerations for integration into joint architectures; and
(iii)factors related to acquisition and sustainment; and (B)provide prioritized recommendations for solutions to such joint operational problem to the Secretary of Defense and Deputy Secretary of Defense.
(2)In carrying out paragraph (1), RAPID shall— (A)use data-driven decisionmaking to prioritize resource allocation;
(B)maximize the effective use of resources by enabling timely delivery of solutions to address a joint operational problem in a manner that provides the greatest value for the investment made; (C)enable the adoption and integration of solutions to enhance military effectiveness and responsiveness to emerging threats; and
(D)in addition to any other considerations required under this subsection, consider— (i)joint capability requirement statements or other relevant justification materials provided by the Joint Requirements Council;
(ii)any analysis and recommendations provided by the Mission Engineering and Integration Activity or the Director of Cost Assessment and Program Evaluation relating to resource requirements described in paragraph (1)(A)(i); (iii)recommendations from relevant service acquisition executives or program executive officers related to planning and execution of the proposed joint capability requirement, including budget planning and management, acquisition approach, program management, and life-cycle management for a proposed joint capability requirement; and
(iv)the need to incorporate measure for technology protection in certain covered systems to enable the use or sale of proposed technology solutions to joint operational problems with allies and partner countries in a manner that protects national security interest while promoting international collaboration. (e)Recommendation (1)Not later than 30 days after the date of receipt of a recommendation with respect to a joint capability requirement for a joint operational problem, from the Joint Requirements Council in accordance with section 181 of this title, RAPID shall submit to the Deputy Secretary of Defense a recommendation for a solution to the joint operational problem that includes the following:
(A)A description of the resources needed to implement the solution and, as appropriate, resources needed to support the acquisition and sustainment of such solution of over the anticipated life cycle of the solution. (B)Any recommended actions necessary to enable integration of the solution into the joint force or to revise joint concepts of operation to best resolve the joint operational problem.
(C)With respect to a solution for which access may be shared with an ally or partner country, recommended considerations— (i)to be incorporated during the design and development phase of the solution; and
(ii)to facilitate future production and logistics support for the solution to the ally or partner country. (D)Any necessary changes to policy or guidance to enable effective acquisition, fielding, and employment of a solution that is a joint military capability.
(E)Any other recommended actions to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable. (2)The co-chairs of RAPID may request an additional amount of time, not to exceed 30 days, to provide a recommendation related to a joint capability requirement that is not a quick action requirement to the Deputy Secretary of Defense under this subsection.
(f)Determination
(1)Not later than 30 days after receipt of a recommendation under subsection (e), the Deputy Secretary of Defense shall issue a memorandum that approves, approves with modification, or rejects such a recommendation. (2)The Deputy Secretary of Defense shall include along with a memorandum that approves or approves with modification a recommendation described in paragraph (1) specific direction and guidance to the applicable element of the Department of Defense to which such recommendation applies.
(3)The Deputy Secretary of Defense shall include along with a memorandum that rejects a recommendation described in paragraph (1) a specific direction— (A)for alternative action to be taken by the applicable element of the Department of Defense to which such recommendation applies to address the relevant joint operational problem; or
(B)to RAPID for further action to address the relevant joint operational problem. (g)NotificationIf the Deputy Secretary of Defense fails to issue a memorandum as required by subsection (f) within 90 days after the date on which the Joint Requirements Council provides a recommendation to address a joint operational problem to the RAPID, the Secretary of Defense shall submit to the congressional defense committees a notification of such failure.
(h)DefinitionsIn this section: (1)The terms joint capability requirement, joint military capability, joint operational problem, and quick action requirement have the meanings given, respectively, in section 181 of this title.
(2)The term relevant member means a member of RAPID (or a designee) that has a primary interest in, or responsibility for, a proposed joint capability requirement or quick action requirement under assessment by RAPID.. (4)Analysis and advice for resource discussions relating to joint capability requirements under consideration by the Requirements, Acquisition, and Programming Integration Directorate pursuant to section 186 of this title..
Section 796
186. Requirements, Acquisition, and Programming Integration Directorate There is within the Department of Defense a Requirements, Acquisition, and Programming Integration Directorate (in this section referred to as RAPID). RAPID shall— serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate solutions to joint operational problems; provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and act as an advisory body to the Secretary of Defense and the Deputy Secretary of Defense with respect to such matters. RAPID shall consist of the following members: The Chairman of the Joint Requirements Council and the Director of Cost Assessment and Program Evaluation, who shall serve as co-directors of RAPID. One member designated by each commander of a combatant command. One member designated by the Chairman of the Joint Requirements Council. One member designated by the Director of Cost Assessment and Program Evaluation. One member designated by each service acquisition executive of a military department. One member designated by the principal staff assistant for the Mission Engineering and Integration Activity (established under section 1813 of the National Defense Authorization Act for Fiscal Year 2026). One member designated by the executive director of the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled Rapid Fulfillment of Combatant Commander Urgent Operational Needs (August 24, 2012). One member designated by each portfolio executive officer or a similar member of the acquisition workforce responsible for the execution of a recommendation under consideration by RAPID. RAPID shall— promptly convene relevant members to assess a proposed joint capability requirement to address a joint operational problem by considering, with respect to such proposed joint capability requirement— associated resource requirements; mission engineering and interoperability considerations for integration into joint architectures; and factors related to acquisition and sustainment; and provide prioritized recommendations for solutions to such joint operational problem to the Secretary of Defense and Deputy Secretary of Defense. In carrying out paragraph (1), RAPID shall— use data-driven decisionmaking to prioritize resource allocation; maximize the effective use of resources by enabling timely delivery of solutions to address a joint operational problem in a manner that provides the greatest value for the investment made; enable the adoption and integration of solutions to enhance military effectiveness and responsiveness to emerging threats; and in addition to any other considerations required under this subsection, consider— joint capability requirement statements or other relevant justification materials provided by the Joint Requirements Council; any analysis and recommendations provided by the Mission Engineering and Integration Activity or the Director of Cost Assessment and Program Evaluation relating to resource requirements described in paragraph (1)(A)(i); recommendations from relevant service acquisition executives or program executive officers related to planning and execution of the proposed joint capability requirement, including budget planning and management, acquisition approach, program management, and life-cycle management for a proposed joint capability requirement; and the need to incorporate measure for technology protection in certain covered systems to enable the use or sale of proposed technology solutions to joint operational problems with allies and partner countries in a manner that protects national security interest while promoting international collaboration. Not later than 30 days after the date of receipt of a recommendation with respect to a joint capability requirement for a joint operational problem, from the Joint Requirements Council in accordance with section 181 of this title, RAPID shall submit to the Deputy Secretary of Defense a recommendation for a solution to the joint operational problem that includes the following: A description of the resources needed to implement the solution and, as appropriate, resources needed to support the acquisition and sustainment of such solution of over the anticipated life cycle of the solution. Any recommended actions necessary to enable integration of the solution into the joint force or to revise joint concepts of operation to best resolve the joint operational problem. With respect to a solution for which access may be shared with an ally or partner country, recommended considerations— to be incorporated during the design and development phase of the solution; and to facilitate future production and logistics support for the solution to the ally or partner country. Any necessary changes to policy or guidance to enable effective acquisition, fielding, and employment of a solution that is a joint military capability. Any other recommended actions to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable. The co-chairs of RAPID may request an additional amount of time, not to exceed 30 days, to provide a recommendation related to a joint capability requirement that is not a quick action requirement to the Deputy Secretary of Defense under this subsection. Not later than 30 days after receipt of a recommendation under subsection (e), the Deputy Secretary of Defense shall issue a memorandum that approves, approves with modification, or rejects such a recommendation. The Deputy Secretary of Defense shall include along with a memorandum that approves or approves with modification a recommendation described in paragraph (1) specific direction and guidance to the applicable element of the Department of Defense to which such recommendation applies. The Deputy Secretary of Defense shall include along with a memorandum that rejects a recommendation described in paragraph (1) a specific direction— for alternative action to be taken by the applicable element of the Department of Defense to which such recommendation applies to address the relevant joint operational problem; or to RAPID for further action to address the relevant joint operational problem. If the Deputy Secretary of Defense fails to issue a memorandum as required by subsection (f) within 90 days after the date on which the Joint Requirements Council provides a recommendation to address a joint operational problem to the RAPID, the Secretary of Defense shall submit to the congressional defense committees a notification of such failure. In this section: The terms joint capability requirement, joint military capability, joint operational problem, and quick action requirement have the meanings given, respectively, in section 181 of this title. The term relevant member means a member of RAPID (or a designee) that has a primary interest in, or responsibility for, a proposed joint capability requirement or quick action requirement under assessment by RAPID.
Section 797
1813. Establishment of the Mission Engineering and Integration Activity Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish within the Department of Defense a Mission Engineering and Integration Activity (in this section referred to as MEIA). 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 MEIA. The principal staff assistant designated under subsection (b) shall have the following duties: Lead cross-service activities to develop, identify, analyze, and validate integrated technology solutions to address joint operational problems. Coordinate with the appropriate program executive officers to align and implement such activities. Proactively seek and consider feedback of the primary users and operators of proposed technology solutions to address joint operational problems throughout the implementation of such activities. Upon request, perform analysis for, experiment with, and prototype technology to integrate such technology into joint architectures, to use such technology, to inform operational concepts, and to provide analysis or recommendations regarding the use of such technology to the Requirements, Acquisition, and Programming Integration Directorate, established by section 186 of title 10, United States Code, as added by this Act (in this section referred to as RAPID). Coordinate with commanders of the combatant commands to understand the priorities of commanders and support the fielding of integrated technology solutions to address joint operational problems. Upon request, assist a program executive officer in carrying out the responsibilities established under section 1732 of title 10, United States Code, as added by section 1802 of this Act, by providing analysis, recommendations, and engineering assistance in the integration of technology solutions related to the capabilities for which the program executive officer is responsible. Use existing authorities (including authorities provided in section 4022 of title 10, United States Code) to carry out this section. 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 an implementation plan for MEIA. The plan required by paragraph (1) shall include a description of the following: The organizational structure and resource requirements associated with the establishment and operation of MEIA. How MEIA will support and inform the RAPID in carrying out the requirements of section 186 of title 10, United States Code. Each budget line item or program element that will be associated with the activities of MEIA. Coordination between MEIA and relevant elements of the Department of Defense that are established to identify and support the development of, experimentation with, and integration of technology solutions to address joint operational problems for the Department, including— the Defense Innovation Unit established under section 4217 of the title 10, United States Code; the Defense Research and Development Rapid Innovation Program established under section 4061 of such title; a entity of the Department of Defense that is a member of the Defense Innovation Community of Entities established by the Director of the Defense Innovation Unit; the Strategic Capabilities Office; and recipients of awards under the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as defined in section 9 of the Small Business Act (15 U.S.C. 638)). How MEIA will coordinate with and assist— the commanders of combatant commands in fielding integrated technology solutions to address joint operational problems under subsection (c)(5); and the program executive officers and each Secretary of a military department in the integration of technology to enhance military effectiveness and responsiveness. Any recommendations for changes to statute or policy for successful implementation of this section. Not later than five years after the date of the establishment of MEIA, the Secretary of Defense shall submit to the congressional defense committees an assessment of whether MEIA should be modified, made permanent, or terminated based on its effectiveness in carrying out the requirements of this section. In this section, the term joint operational problem has the meaning given in section 181 of title 10, United States Code.
Section 798
1821. Adjustments to certain acquisition thresholds Section 3041 of title 10, United States Code, is amended— in subsection (c)(1)— in subparagraph (A), by striking $115,000,000 (based on fiscal year 1990 constant dollars) and inserting $275,000,000 (based on fiscal year 2024 constant dollars); and in subparagraph (B), by striking $540,000,000 (based on fiscal year 1990 constant dollars) and inserting $1,300,000,000 (based on fiscal year 2024 constant dollars); and in subsection (d)(1), by striking $750,000 (based on fiscal year 1980 constant dollars) and inserting $2,000,000 (based on fiscal year 2024 constant dollars). Section 109 of title 41, United States Code, is amended— in subsection (b)(1)— by striking $75,000,000 (based on fiscal year 1980 constant dollars) and inserting $275,000,000 (based on fiscal year 2024 constant dollars); and by striking $300,000,000 (based on fiscal year 1980 constant dollars) and inserting $1,300,000,000 (based on fiscal year 2024 constant dollars); and in subsection (b)(2), by striking $750,000 (based on fiscal year 1980 constant dollars) and inserting $2,000,000 (based on fiscal year 2024 dollars). Section 3204(e)(1) of title 10, United States Code, is amended— by striking $10,000,000 each place it appears and inserting $100,000,000; by striking $75,000,000 each place it appears and inserting $500,000,000; and in subparagraph (B)(i), by striking $500,000 and inserting $10,000,000. Section 3205(a)(2) of title 10, United States Code, is amended by striking $5,000,000 and inserting $10,000,000. Section 1901(a)(2) of title 41, United States Code, is amended by striking $5,000,000 and inserting $10,000,000. Section 3571(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: For purposes of acquisitions by agencies named in section 3063 of this title, in the case of any contract to be awarded and performed, or purchase to be made, in support of a contingency operation or a humanitarian or peacekeeping operation, the simplified acquisition threshold means an amount equal to two times the amount specified for that term in subsection (a). Section 134 of title 41, United States Code, is amended by striking $250,000 and inserting $500,000. Section 3573 of title 10, United States Code, is amended by striking $10,000 and inserting $25,000. Section 1902(a)(1) of title 41, United States Code, is amended by striking $10,000 and inserting $25,000. Section 3702(a) of title 10, United States Code, is amended— in paragraph (1)— by striking 2018 each place it appears and inserting 2026; in subparagraph (A), by striking $2,000,000 and inserting $10,000,000; and in subparagraph (B), by striking $750,000 and inserting $2,000,000; in paragraph (2), by striking $2,000,000 and inserting $10,000,000; and in subparagraph (3)(A), by striking chapter and the price of the subcontract is expected to exceed $2,000,000 and inserting the following: chapter and— in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000. Section 3502(a) of title 41, United States Code, is amended— in paragraph (1)— by striking 2018 each place it appears and inserting 2026; in subparagraph (A), by striking $2,000,000 and inserting $10,000,000; and in subparagraph (B), by striking $750,000 and inserting $2,000,000; in paragraph (2)— in subparagraph (A), by striking $2,000,000 and inserting $10,000,000; in subparagraph (B), by striking $750,000 and inserting $2,000,000; and in subparagraph (C), by striking $750,000 and inserting $2,000,000; and in paragraph (3), by striking chapter and— and all that follows and inserting the following: chapter and— in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000. Section 4201(a)(2) of title 10, United States Code, is amended— in subparagraph (A), by striking $300,000,000 (based on fiscal year 1990 constant dollars) and inserting $1,000,000,000 (based on fiscal year 2024 constant dollars); and in subparagraph (B), by striking $1,800,000,000 (based on fiscal year 1990 constant dollars) and inserting $4,500,000,000 (based on fiscal year 2024 constant dollars). (c)For purposes of acquisitions by agencies named in section 3063 of this title, in the case of any contract to be awarded and performed, or purchase to be made, in support of a contingency operation or a humanitarian or peacekeeping operation, the simplified acquisition threshold means an amount equal to two times the amount specified for that term in subsection (a).. chapter and— (i)in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or
(ii)in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000.. chapter and—
(i)in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or (ii)in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000..
Section 799
1822. Clarification of conditions for payments for commercial products and commercial services Section 3805 of title 10, United States Code, is amended— in subsection (d)— by striking The conditions and inserting (1) The conditions; and by adding at the end the following new paragraph: For the purposes of section 3803 of this title, a payment for covered services acquired through a commercially utilized acquisition strategy shall not be considered an advance payment made under section 3801 of this title. by adding at the end the following new subsection: In this section: The term commercially utilized acquisition strategy means an acquisition of a service by the Government under terms and conditions that— are similar to the terms and conditions under which such service is available to the public; and provide such service as a consumption-based solution or under a technology subscription model or other model based on predetermined pricing for access to such service. The term covered service means a commercial service that includes access to or use of any combination of hardware, equipment, software, labor, or services, including access to commercial satellite data and associated services, that is integrated to provide a capability. Section 3324(d) of title 31, United States Code, is amended— in paragraph (1)(C), by striking ; and and inserting a semicolon; in paragraph (2)— by inserting or commercially available content after publication; and by striking the period at the end and inserting ; and; and by adding at the end the following new paragraph: charges for information and communications technology subscriptions, reservations, or tenancy, including cloud environments, for which the procuring agency defines appropriate access and security standards. (2)For the purposes of section 3803 of this title, a payment for covered services acquired through a commercially utilized acquisition strategy shall not be considered an advance payment made under section 3801 of this title.; and (e)DefinitionsIn this section:
(1)The term commercially utilized acquisition strategy means an acquisition of a service by the Government under terms and conditions that— (A)are similar to the terms and conditions under which such service is available to the public; and
(B)provide such service as a consumption-based solution or under a technology subscription model or other model based on predetermined pricing for access to such service. (2)The term covered service means a commercial service that includes access to or use of any combination of hardware, equipment, software, labor, or services, including access to commercial satellite data and associated services, that is integrated to provide a capability.. (3)charges for information and communications technology subscriptions, reservations, or tenancy, including cloud environments, for which the procuring agency defines appropriate access and security standards..
Section 800
1823. Alternative capability-based pricing Chapter 287 of title 10, United States Code, is amended by adding at the end the following new section: Except as provided by subsection (b), the head of an agency may use alternative capability-based analysis for the acquisition of a commercial solution to determine whether the price for a commercial solution is fair and reasonable based on the value to the Government as determined under such analysis. Subsection (a) does not apply with respect to the acquisition of a commercial solution under a subcontract. In this section: The term alternative capability-based analysis means an analysis of the value to the Government of a commercial solution that determines such value based on one or more of the following criteria: The suitability of the commercial solution for the particular purpose for which the Government would acquire such commercial solution. The benefits obtained by the Government as a result of improvements in capability, effectiveness, efficiency, process, or speed to delivery provided by such commercial solution. The estimated total cost avoidance resulting from the acquisition and use of such commercial solution, including the cost avoidance resulting from reductions to operations, sustainment, or risks to mission by replacing fielded capabilities with such commercial solution. Input from the intended end users of such commercial solution on the potential value of the improvements to capabilities or processes provided by such commercial solution. The term commercial solution means a product or service, including an integrated combination of products, services, or products and services— that is sold, leased, or licensed in the commercial marketplace, or offered for sale, lease, or license in the commercial marketplace; and the provider of which contemporaneously offers such solution or a solution that is similar to such solution to the general public or public entities, including State and local governments and foreign governments, under terms and conditions that are similar to the terms and conditions under which such solution is offered to the Federal Government. 3906.Alternative capability-based pricing
(a)In generalExcept as provided by subsection (b), the head of an agency may use alternative capability-based analysis for the acquisition of a commercial solution to determine whether the price for a commercial solution is fair and reasonable based on the value to the Government as determined under such analysis. (b)ExceptionSubsection (a) does not apply with respect to the acquisition of a commercial solution under a subcontract.
(c)DefinitionsIn this section: (1)The term alternative capability-based analysis means an analysis of the value to the Government of a commercial solution that determines such value based on one or more of the following criteria:
(A)The suitability of the commercial solution for the particular purpose for which the Government would acquire such commercial solution. (B)The benefits obtained by the Government as a result of improvements in capability, effectiveness, efficiency, process, or speed to delivery provided by such commercial solution.
(C)The estimated total cost avoidance resulting from the acquisition and use of such commercial solution, including the cost avoidance resulting from reductions to operations, sustainment, or risks to mission by replacing fielded capabilities with such commercial solution. (D)Input from the intended end users of such commercial solution on the potential value of the improvements to capabilities or processes provided by such commercial solution.
(2)The term commercial solution means a product or service, including an integrated combination of products, services, or products and services— (A)that is sold, leased, or licensed in the commercial marketplace, or offered for sale, lease, or license in the commercial marketplace; and
(B)the provider of which contemporaneously offers such solution or a solution that is similar to such solution to the general public or public entities, including State and local governments and foreign governments, under terms and conditions that are similar to the terms and conditions under which such solution is offered to the Federal Government..
Section 801
3906. Alternative capability-based pricing Except as provided by subsection (b), the head of an agency may use alternative capability-based analysis for the acquisition of a commercial solution to determine whether the price for a commercial solution is fair and reasonable based on the value to the Government as determined under such analysis. Subsection (a) does not apply with respect to the acquisition of a commercial solution under a subcontract. In this section: The term alternative capability-based analysis means an analysis of the value to the Government of a commercial solution that determines such value based on one or more of the following criteria: The suitability of the commercial solution for the particular purpose for which the Government would acquire such commercial solution. The benefits obtained by the Government as a result of improvements in capability, effectiveness, efficiency, process, or speed to delivery provided by such commercial solution. The estimated total cost avoidance resulting from the acquisition and use of such commercial solution, including the cost avoidance resulting from reductions to operations, sustainment, or risks to mission by replacing fielded capabilities with such commercial solution. Input from the intended end users of such commercial solution on the potential value of the improvements to capabilities or processes provided by such commercial solution. The term commercial solution means a product or service, including an integrated combination of products, services, or products and services— that is sold, leased, or licensed in the commercial marketplace, or offered for sale, lease, or license in the commercial marketplace; and the provider of which contemporaneously offers such solution or a solution that is similar to such solution to the general public or public entities, including State and local governments and foreign governments, under terms and conditions that are similar to the terms and conditions under which such solution is offered to the Federal Government.
Section 802
1824. Matters related to cost accounting standards Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with Cost Accounting Standards Board established under section 1501 of title 41, United States Code, shall— identify actions necessary to streamline requirements for compliance with the cost accounting standards established under section 1502 of title 41, United States Code (in this section referred to as CAS), in the performance of a contract with the Department of Defense; and reduce or eliminate such requirements under the circumstances described in paragraph (2) for contracts entered into after the date that is 180 days after the date of the enactment of this Act. The circumstances described in this paragraph are as follows: With respect to an action to eliminate compliance with CAS, if reliance on a similar requirement under generally accepted accounting principles (in this section referred to as GAAP) would achieve, to the maximum extent possible, the use of commercial accounting standards and systems with respect to such elimination without bias or prejudice to parties to a contract. If other existing requirements in guidance or regulation will sufficiently protect the interests of the Secretary of Defense in the oversight of cost contracts. If such requirement is no longer necessary or appropriate. Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall revise the rules and procedures prescribed pursuant to subsections (a) and (b) of section 1502 of title 41, United States Code, to the extent necessary to increase the thresholds established in section 9903.201-2 of title 48, Code of Federal Regulation, from $50,000,000 to $100,000,000. Not later than 120 days after the date of the enactment of this Act, the Secretary shall update the Department of Defense Supplement to the Federal Acquisition Regulation to require full compliance with CAS only for an entity or subsidiary of an entity that— received a single contract award under CAS with a value equal to or greater than $100,000,000; or received contracts during the cost accounting period that ended preceding the date of the report with an aggregate value equal to or greater than $100,000,000. Subsection (a) of section 1501 of title 41, United States Code, is amended by striking Office of Federal Procurement Policy and inserting Office of Management and Budget. Subsection (b) of such section 1501 is amended— by amending paragraph (1) to read as follows: The Board shall consist of 5 voting members and 2 nonvoting members. One voting member is the Administrator of Federal Procurement Policy, who serves as Chairman. The other 4 members, all of whom shall have experience in Federal Government contract cost accounting, are as follows: 2 representatives of the Federal Government, each of whom has substantial experience in administering and managing covered contracts— one of whom is a representative of the Department of Defense appointed by the Secretary of Defense; and one of whom is an officer or employee of the General Services Administration appointed by the Administrator of General Services. 2 individuals from the private sector, each of whom is appointed by the Director of the Office of Management and Budget— one of whom is a senior employee or retired senior employee of a Government contractor with substantial experience in the private sector involving administration and management of covered contracts; and one member of the accounting profession, with substantial experience as an accountant. The 2 nonvoting members of the Board shall be appointed as follows: 1 individual who is a senior employee of the Government Accountability Office with substantial experience in contracting and national security acquisitions, appointed by the Comptroller General of the United States. 1 individual from academia, a nonprofit organization, or a private entity with substantial experience in establishing financial accounting and reporting standards in compliance with Generally Accepted Accounting Principles, appointed by the Director of the Office of Management and Budget. in paragraph (2)— in subparagraph (A), by inserting , which may be extended for an additional 4-year period by the individual who appointed such member under paragraph (1) after 4 years; and in subparagraph (B), by striking paragraph (1)(A) and inserting paragraph (1)(A)(i); and by adding at the end the following new paragraph: Beginning on January 1, 2028, an individual who is a member of an audit entity of an executive agency (excluding an audit entity of the Government Accountability Office) is not eligible to serve as a member of the Board. Subsection (c) of such section 1501 is amended— in paragraph (2)— by striking within one year and all that follows through conform such standards and inserting the following: not later than 180 days after the date of enactment of this paragraph, and biennially thereafter, review any cost accounting standards established under section 1502 of this title and eliminate or conform such standards; and by striking and at the end; in paragraph (3), by striking disputes. and inserting the following: disputes, and take necessary action to clarify or improve such standards if misinterpretation or lack of clarity in a standard was a primary component of such dispute; and; and by adding at the end the following: ensure that any action taken pursuant to paragraph (3) is not taken solely for the purpose of tailoring such standard to favor a party in the dispute. Subsection (e) of such section 1501 is amended— in paragraph (1), by striking and at the end; in paragraph (2), by striking the period at the end and inserting ; and; and by adding at the end the following new paragraph: a summary of rulemaking activities related to any changes to such standards and any associated timelines for such activities. Subsection (f)(1)(B) of such section 1501 is amended— by striking may appoint and inserting shall appoint; and by striking two and inserting not less than four. Such section 1501 is amended by adding at the end the following new subsection: In this section, the term covered contract means a contract that is subject to the cost accounting standards issued pursuant to section 1502 of title 41, United States Code, Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, the Secretary of Defense, the Administrator of General Services, and the Comptroller General of the United States shall implement the amendments made by this subsection, including making the appointments under section 1501(b) of title 41, United States Code, as amended by this subsection. Section 1502(b)(1) of title 41, United States Code, is amended— in subparagraph (B), by striking amount set forth in section 3702(a)(1)(A) of title 10 as the amount is and inserting $10,000,000, as; and in subparagraph (C)— in clause (ii), by inserting or at the end; in clause (iii), by striking ; or and inserting a period; and by striking clause (iv). Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall issue such regulations as are necessary to implement the amendments made by this subsection. (1)Members, chairman, and appointmentThe Board shall consist of 5 voting members and 2 nonvoting members.
(A)Voting membersOne voting member is the Administrator of Federal Procurement Policy, who serves as Chairman. The other 4 members, all of whom shall have experience in Federal Government contract cost accounting, are as follows: (i)2 representatives of the Federal Government, each of whom has substantial experience in administering and managing covered contracts—
(I)one of whom is a representative of the Department of Defense appointed by the Secretary of Defense; and (II)one of whom is an officer or employee of the General Services Administration appointed by the Administrator of General Services.
(ii)2 individuals from the private sector, each of whom is appointed by the Director of the Office of Management and Budget— (I)one of whom is a senior employee or retired senior employee of a Government contractor with substantial experience in the private sector involving administration and management of covered contracts; and
(II)one member of the accounting profession, with substantial experience as an accountant. (B)Nonvoting membersThe 2 nonvoting members of the Board shall be appointed as follows:
(i)1 individual who is a senior employee of the Government Accountability Office with substantial experience in contracting and national security acquisitions, appointed by the Comptroller General of the United States. (ii)1 individual from academia, a nonprofit organization, or a private entity with substantial experience in establishing financial accounting and reporting standards in compliance with Generally Accepted Accounting Principles, appointed by the Director of the Office of Management and Budget.; (4)IneligibilityBeginning on January 1, 2028, an individual who is a member of an audit entity of an executive agency (excluding an audit entity of the Government Accountability Office) is not eligible to serve as a member of the Board.. (4)ensure that any action taken pursuant to paragraph (3) is not taken solely for the purpose of tailoring such standard to favor a party in the dispute.. (3)a summary of rulemaking activities related to any changes to such standards and any associated timelines for such activities.. (j)Covered contract definedIn this section, the term covered contract means a contract that is subject to the cost accounting standards issued pursuant to section 1502 of title 41, United States Code,.
Section 803
1825. Review of commercial buying practices Not later than 120 days after the enactment of this Act, the Secretary of Defense shall carry out a comprehensive review of the approach of the Department of Defense to acquiring commercial products and commercial services and the implementation of the requirements of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) by the Department. The review required by paragraph (1) shall include an assessment of each of the following as they relate to the approach of the Department of Defense to acquiring commercial products and commercial services: The policies, procedures, guidance, and instructions of the Department of Defense. The extent to which contracts entered into by the Department of Defense for the acquisition of commercial products or commercial services include requirements or other provisions that should not apply to the acquisition of a commercial product or commercial service and the extent to which such requirements or other provisions are included in subcontracts under such contracts. Training curricula, educational materials, and associated activities of the Department of Defense related to acquiring commercial products and commercial services, including such curricula, materials, and activities that pertain to the determination of a product or service as a commercial product or commercial service and the congressional intent that the definitions of the terms commercial product and commercial service should be applied broadly. Audit and oversight policies and practices of the Department of Defense. Incentives that discourage the acquisition workforce from acquiring commercial products or commercial services. The process by which the Department of Defense develops and issues regulations related to the acquisition of commercial products or commercial services, including delays in rulemaking and the resulting delays in the implementation of policies intended to improve or streamline the acquisition of commercial products or commercial services. Requirements in solicitations or contracts of the Department of Defense requiring the use of military specifications or standards when applicable commercial specifications or standards were available that could have meet the needs of the Department served by such military specifications or standards. The process by which the Department of Defense evaluates past performance, including performance under Federal, State, and local government and private contracts (as described in section 15.305(a)(2)(ii) of the Federal Acquisition Regulation), in the acquisition of commercial products or commercial services. Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that— describes the findings of the review required by subsection (a)(1); describes the corrective actions taken by the Secretary to address the issues identified pursuant to such review, including any findings of noncompliance by the Department of Defense with the requirements of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) or any other statutory or regulatory requirements related to advancing and enabling the procurement of commercial products and commercial services; and includes any recommendations of the Secretary on actions that Congress may take to better enable to the Department of Defense to take advantage of the benefits of acquiring commercial products and commercial services. Section 3455 of title 10, United States Code, is amended— in subsection (c)(1), by striking may and inserting shall; by amending subsection (d) to read as follows: A product treated as a commercial product or purchased under procedures established for the procurement of commercial products under subsection (a) shall be treated as a commercial product for the purposes of chapter 271 of this title. in subsection (e), by striking Deputy Secretary of Defense and inserting Under Secretary of Defense for Acquisition and Sustainment. Section 3703(a)(1) of title 10, United States Code, is amended by amending subparagraph (A) to read as follows: adequate price competition; or (d)Applicability of Truthful Cost or Pricing Data requirementsA product treated as a commercial product or purchased under procedures established for the procurement of commercial products under subsection (a) shall be treated as a commercial product for the purposes of chapter 271 of this title.; and (A)adequate price competition; or.
Section 804
1831. Amendment to other transaction authority Section 4022 of title 10, United States Code, is amended— in subsection (a)(2)— in subparagraph (A), by striking agency that and all that follows through the use and inserting agency that the use; in subparagraph (B)— in clause (i), by striking writing that and all that follows through the use and inserting writing that the use; and in clause (ii), by striking and at the end; in subparagraph (C)— by striking subsection (f) each place it appears and inserting subsection (e); in clause (i)(I), by striking the requirements of subsection (d) and all that follows through and the and inserting the; and in clause (ii), by striking the period at the end and inserting ; and; and by adding at the end the following new subparagraph: may not be exercised for contracts exceeding the production of 500 units of a manufactured or developed product. Contracts exceeding this production threshold may not be categorized as a “prototype” or contracted as such. by striking subsection (d); by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and in subsection (f), as so redesignated, by striking subsection (f) and inserting subsection (e). Section 102A(n)(6)(C) of the National Security Act of 1947 (50 U.S.C. 3024(n)(6)(C)) is amended— by repealing clauses (v) and (vi); and in clause (vii)— in the matter preceding subclause (I), by striking 4022(f)(2) and inserting 4022(e)(2); and in subclause (V)(cc), by striking 4022(f)(5) and inserting 4022(e)(5). Section 831(d) of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) is amended by striking 4022(e) and inserting 4022(d). Section 873(c)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4021 note) is amended— in subparagraph (A), by striking subsection (f) and inserting subsection (e); and in subparagraph (E), by striking or (f) and inserting or (e). Section 322(h)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2911 note) is amended by striking subsection (f) and inserting subsection (e). (D)may not be exercised for contracts exceeding the production of 500 units of a manufactured or developed product. Contracts exceeding this production threshold may not be categorized as a “prototype” or contracted as such.;
Section 805
1832. Data-as-a-service solutions for weapon system contracts Chapter 323 of title 10, United States Code, as amended by section 1804 of this Act, is further amended by adding at the end the following new section: Before entering into a contract for the procurement of a weapon system (or component thereof), the Secretary of Defense shall ensure, to the maximum extent practicable, that the negotiations for such contract include negotiations for data-as-a-service solutions to facilitate access to the information described in subsection (b) as necessary for— the performance of depot-level maintenance and repair workload by employees of the Department of Defense in accordance with section 2466 of this title; or the maintenance of a core logistics capability in accordance with section 2464 of this title. The information described in subsection (a) is technical data or computer software that relates to the weapon system (or component thereof) to be procured that is— detailed manufacturing or process data relating to how contractors or subcontractors design, develop, produce, test, certify, diagnose, maintain, repair, or otherwise support such weapon system (or component thereof); digital networks or digital models that contain data described in paragraph (1), or virtual replicas of such data; design details, algorithms, processes, flow charts, formulas, and related information that describe the design, organization, or structure of computer software; or necessary for operation, maintenance, installation, or training with respect to such weapon system (or component thereof). With respect to a data-as-a-service solution described in subsection (a), access to the information described in subsection (b) may be made available through one or more methods, including electronically, in-person, or machine-to-machine encryption, as appropriate based on the type, sensitivity, or authorized use of such information. The Secretary of Defense shall ensure that the terms of a contract for a data-as-a-service solution described in subsection (a) clearly state the requirements, conditions, and schedule for providing access to the information described in subsection (b). With respect to a contract for a commercial product that is a data-as-a-service solution described in subsection (a), the offeror for such commercial product shall ensure that the pricing and terms and conditions of access to information described in subsection (b) for such commercial product is commensurate with commercial practices for similar access. The Secretary of Defense may not require an offeror for a commercial product that is a data-as-a-service solution described in subsection (a) to provide access to information described in subsection (b) in a manner that is different from what such offeror customarily provides to a buyer of such commercial product, unless the offeror has agreed to provide such access pursuant to a specifically negotiated agreement with the Secretary. Nothing in this section shall be construed as modifying any rights, obligations, or limitations of the Government, contractor, or subcontractor with respect to rights in technical data under subchapter I of chapter 275 of this title. In this section: The term access, with respect to information described in subsection (b), means the availability of such information as a service rather than as specifically delivered in the performance of a contract for the procurement of a weapon system (or component thereof). The term data-as-a-service means a model under which the Secretary is provided access to the most up-to-date information described in subsection (b) that relates to a weapon system (or component thereof) to be procured by the Secretary, including any associated license agreements for such information. The term technical data has the meaning given in section 3013 of this title. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to carry out the requirements of section 4324 of title 10, United States Code, as added by this section. Section 4324 of title 10, United States Code, as added by this section, shall apply with respect to a contract for the procurement of a weapon system (or component thereof) entered into on or after the date of the enactment of this Act. 4324.Data-as-a-service solutions for weapon system contracts (a)Negotiations for data-as-a-serviceBefore entering into a contract for the procurement of a weapon system (or component thereof), the Secretary of Defense shall ensure, to the maximum extent practicable, that the negotiations for such contract include negotiations for data-as-a-service solutions to facilitate access to the information described in subsection (b) as necessary for—
(1)the performance of depot-level maintenance and repair workload by employees of the Department of Defense in accordance with section 2466 of this title; or (2)the maintenance of a core logistics capability in accordance with section 2464 of this title.
(b)Covered InformationThe information described in subsection (a) is technical data or computer software that relates to the weapon system (or component thereof) to be procured that is— (1)detailed manufacturing or process data relating to how contractors or subcontractors design, develop, produce, test, certify, diagnose, maintain, repair, or otherwise support such weapon system (or component thereof);
(2)digital networks or digital models that contain data described in paragraph (1), or virtual replicas of such data; (3)design details, algorithms, processes, flow charts, formulas, and related information that describe the design, organization, or structure of computer software; or
(4)necessary for operation, maintenance, installation, or training with respect to such weapon system (or component thereof). (c)Methods and Schedule for Access (1)With respect to a data-as-a-service solution described in subsection (a), access to the information described in subsection (b) may be made available through one or more methods, including electronically, in-person, or machine-to-machine encryption, as appropriate based on the type, sensitivity, or authorized use of such information.
(2)The Secretary of Defense shall ensure that the terms of a contract for a data-as-a-service solution described in subsection (a) clearly state the requirements, conditions, and schedule for providing access to the information described in subsection (b). (d)Applicability to commercial products (1)With respect to a contract for a commercial product that is a data-as-a-service solution described in subsection (a), the offeror for such commercial product shall ensure that the pricing and terms and conditions of access to information described in subsection (b) for such commercial product is commensurate with commercial practices for similar access.
(2)The Secretary of Defense may not require an offeror for a commercial product that is a data-as-a-service solution described in subsection (a) to provide access to information described in subsection (b) in a manner that is different from what such offeror customarily provides to a buyer of such commercial product, unless the offeror has agreed to provide such access pursuant to a specifically negotiated agreement with the Secretary. (e)Rule of constructionNothing in this section shall be construed as modifying any rights, obligations, or limitations of the Government, contractor, or subcontractor with respect to rights in technical data under subchapter I of chapter 275 of this title.
(f)DefinitionsIn this section: (1)The term access, with respect to information described in subsection (b), means the availability of such information as a service rather than as specifically delivered in the performance of a contract for the procurement of a weapon system (or component thereof).
(2)The term data-as-a-service means a model under which the Secretary is provided access to the most up-to-date information described in subsection (b) that relates to a weapon system (or component thereof) to be procured by the Secretary, including any associated license agreements for such information. (3)The term technical data has the meaning given in section 3013 of this title..
Section 806
4324. Data-as-a-service solutions for weapon system contracts Before entering into a contract for the procurement of a weapon system (or component thereof), the Secretary of Defense shall ensure, to the maximum extent practicable, that the negotiations for such contract include negotiations for data-as-a-service solutions to facilitate access to the information described in subsection (b) as necessary for— the performance of depot-level maintenance and repair workload by employees of the Department of Defense in accordance with section 2466 of this title; or the maintenance of a core logistics capability in accordance with section 2464 of this title. The information described in subsection (a) is technical data or computer software that relates to the weapon system (or component thereof) to be procured that is— detailed manufacturing or process data relating to how contractors or subcontractors design, develop, produce, test, certify, diagnose, maintain, repair, or otherwise support such weapon system (or component thereof); digital networks or digital models that contain data described in paragraph (1), or virtual replicas of such data; design details, algorithms, processes, flow charts, formulas, and related information that describe the design, organization, or structure of computer software; or necessary for operation, maintenance, installation, or training with respect to such weapon system (or component thereof). With respect to a data-as-a-service solution described in subsection (a), access to the information described in subsection (b) may be made available through one or more methods, including electronically, in-person, or machine-to-machine encryption, as appropriate based on the type, sensitivity, or authorized use of such information. The Secretary of Defense shall ensure that the terms of a contract for a data-as-a-service solution described in subsection (a) clearly state the requirements, conditions, and schedule for providing access to the information described in subsection (b). With respect to a contract for a commercial product that is a data-as-a-service solution described in subsection (a), the offeror for such commercial product shall ensure that the pricing and terms and conditions of access to information described in subsection (b) for such commercial product is commensurate with commercial practices for similar access. The Secretary of Defense may not require an offeror for a commercial product that is a data-as-a-service solution described in subsection (a) to provide access to information described in subsection (b) in a manner that is different from what such offeror customarily provides to a buyer of such commercial product, unless the offeror has agreed to provide such access pursuant to a specifically negotiated agreement with the Secretary. Nothing in this section shall be construed as modifying any rights, obligations, or limitations of the Government, contractor, or subcontractor with respect to rights in technical data under subchapter I of chapter 275 of this title. In this section: The term access, with respect to information described in subsection (b), means the availability of such information as a service rather than as specifically delivered in the performance of a contract for the procurement of a weapon system (or component thereof). The term data-as-a-service means a model under which the Secretary is provided access to the most up-to-date information described in subsection (b) that relates to a weapon system (or component thereof) to be procured by the Secretary, including any associated license agreements for such information. The term technical data has the meaning given in section 3013 of this title.
Section 807
1833. Requirements for modular open system approach and modifications to rights in technical data Section 4401 of title 10, United States Code, is amended to read as follows: The Secretary of Defense shall ensure that a covered system to be procured is designed and developed, to the maximum extent practicable, with a modular open system approach. Before designing or developing a covered system, the Secretary of Defense shall conduct an assessment to identify the open systems objectives to be achieved by the design and development of the covered system. Such assessment shall identify and document how such approach would— support the objectives of the defense acquisition system established pursuant to section 3102 of this title; align with the preference for the acquisition of commercial products in section 3453 of this title to retain, to the maximum extent practicable, the commercial viability of subsystems and components of the covered system; reduce the complexity and increase the speed by which new technology can be integrated into a covered system to enhance miliary effectiveness and responsiveness to emerging threats; enable the use of iterative development cycles and discontinue or terminate the development of capabilities— that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or that are experiencing significant cost growth, performance deficiencies, or delays in schedule; promote a robust and responsive defense industrial base, and foster competition amongst offerors of subsystems and components of the covered system through the life cycle of the covered system, especially at the module level; reduce schedule delays and development timelines; increase and enable interoperability of a covered system with the joint force as changes to force design evolve; and enable effective life-cycle management and product support of a covered system— in accordance with the requirements of section 4322 of this title; and to ensure that the covered system will meet applicable operational readiness requirements (as defined in such section 4322) and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable. In developing an architecture for the procurement of a covered system using a modular open system approach, the Secretary shall ensure that the architecture— adequately designates and defines modules, module interfaces, key interfaces, and openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b); to the extent practicable, is based on— widely accepted, consensus-based standards that are available at no cost or under fair and reasonable license terms; or if such standards are not available or suitable, incremental standards that define relationships between module interfaces and key interfaces; and is designed and developed to accelerate the procurement and integration of commercial products as modules, module interfaces, and key interfaces. The Secretary shall consider input from private entities as early as possible to inform decisions regarding the level in the architecture at which a modular open system approach will be implemented for a covered system. The architecture described in this subsection shall be included in any draft and final solicitations for procurement of a covered system. Consistent with the requirements of subchapter I of chapter 275 of this title, the Secretary shall include in the solicitation for the covered system a description of the desired openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b), including the following: The open systems objectives identified as result of the assessment required by subsection (b). A description of the application of specifications or standards for module interfaces to achieve such objectives. A description of the minimum technical data package elements necessary to achieve such objectives. The desired license rights in module interfaces or key interfaces based on such objectives, including desired license rights to enable the replacement of a module or module interface with an alternative or new module or module interface. In applying the requirements of this section to a covered system that includes a commercial product, the Secretary of Defense shall— implement modular open system approaches in accordance with such approaches used in the ordinary course of business for such commercial product on the commercial marketplace; for a commercial product that is commercial technical data or commercial software, procure such commercial product under license terms similar to such terms that are customarily provided to the public, unless the Secretary has specifically negotiated different license terms; when applicable, obtain the delivery of commercial software development kits with license rights necessary to support the desired openness characteristics for the covered system; and to the maximum extent practical, conduct negotiations for desired license rights in accordance with the preference for specially negotiated licenses in section 3774(c) of this title. In this section: The term covered system means a system that is not a commercial product and that is acquired or developed under— an acquisition program of the Department of Defense; or a research and development program of the Department to address a capability requirement or joint capability requirement (as defined in section 181 of this title). The term incremental standard means a specification for a module interface or key interface that includes— software-defined syntax and properties that specifically govern how values are validly passed and received between subsystems and components in machine-readable format; a machine-readable definition of the relationship between the module interface or key interface and existing common standards or interfaces available in Department databases; and documentation with functional descriptions of software-defined interfaces, conveying semantic meaning of elements of the module interface or key interface. The term key interface means a shared boundary between any system, subsystem of a covered system, or set of modules, defined by various physical, logical, functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software. The term modular open system approach means the application of a strategy that leverages an architecture that enables modules to be incrementally added, removed, or replaced throughout the life cycle of the covered system to achieve a set of objectives. The term module means a self-contained functional hardware or software unit— that can be developed, tested, and deployed independently of a module interface or key interface; and that can simultaneously interact with another self-contained functional hardware or software unit described in subparagraph (A) through a module interface or key interface. The term module interface means a shared boundary between modules, defined by physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software. The term software development kit means a collection of software tools and programs such as libraries, application programming interfaces, integrated development environments, testing tools, or documentation used to create applications that are appropriate for a specific software platform. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to carry out the requirements of section 4401 of title 10, United States Code, as amended by this section. The requirements of section 4401 of title 10, United States Code, as amended by this section, shall apply with respect to a contract entered into on or after the date of the enactment of this Act. Section 3771 of title 10, United States Code, is amended— in subsection (a)— in paragraph (2)(A), by striking or copyrights and inserting , copyrights, trade secrets,; and by adding at the end the following new paragraph: Regulations prescribed under paragraph (1) may not affect or limit any right described in paragraph (2)(A) or the ability of a contractor or subcontractor to enforce such a right against a third party that has not otherwise obtained a license for such a right from the United States or from the contractor or subcontractor. in subsection (b)— in paragraph (2), by striking paragraphs (3), (4), and (7), and inserting paragraphs (3) and (4),; by amending paragraph (3) to read as follows: Unless otherwise negotiated, paragraph (2) does not apply to technical data that— constitutes a correction or change to data furnished by the United States; or is otherwise publicly available or has been released or disclosed by the contractor or subcontractor without restriction on further release or disclosure. by amending paragraph (4) to read as follows: Notwithstanding paragraph (2), unless otherwise negotiated, the United States shall have government purpose rights, in perpetuity, in technical data that— relates to form, fit, or function of an item or process; or is necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data) of an item or process. Notwithstanding paragraph (2), the United States may release or disclose technical data to persons outside the Government, or permit the use of technical data by such persons, if such release, disclosure, or use— is necessary for emergency repair and overhaul; is a release or disclosure of technical data (other than detailed manufacturing or process data) to, or use of such data by, a foreign government, where such release or disclosure is in the interest of the United States and is required for evaluation or informational purposes; is made subject to a prohibition that the person to whom the data are released or disclosed may not further release, disclose, or use such data; and the contractor or subcontractor asserting the restriction is notified of such release, disclosure, or use. in paragraph (6)— in the paragraph heading, by striking Interfaces and inserting Module interfaces of an item; by inserting , in perpetuity, after government purpose rights; and by striking an interface between an item or process and other items or processes and inserting a module interface of an item; and in paragraph (7)— in the paragraph heading, by striking Modular system interfaces and inserting Key interfaces of an item; in subparagraph (A)— by striking paragraphs (2) and (5) and inserting paragraph (5) and except as otherwise provided by subsection (e) of section 4401 of this title,; by inserting , in perpetuity, after government purpose rights; and by striking modular system interface and inserting key interface of an item; in subparagraph (B), by striking modular system interface and inserting a key interface; and in subparagraph (C), by striking modular system interface and inserting key interface of an item. Section 3775(b) of title 10, United States Code, is amended to read as follows: In this subchapter, the terms key interface, modular open system approach, module interface have the meanings given, respectively, in section 4401 of this title. Section 3791(c)(1) of title 10, United States Code, is amended— in subparagraph (A), by striking section 4401(b) of this title and inserting section 4401 of this title; and in subparagraph (D)(iv), by striking modular system interfaces (as defined in section 4401(b) of this title) and inserting module interfaces (as defined in section 4401(f) of this title). Section 4402 of title 10, United States Code, is repealed. Section 4403 of title 10, United States Code, is repealed. Section 4425 of title 10, United States Code, is amended to read as follows: In this subchapter: The term major system platform means the highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed. The term weapon system component— means a high level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through a key system interface (as defined in section 4401(f) of this title); and includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another subsystem or assembly described in subparagraph (A). Section 804 of the National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 4401 note) is repealed. 4401.Requirement for modular open system approach (a)RequirementThe Secretary of Defense shall ensure that a covered system to be procured is designed and developed, to the maximum extent practicable, with a modular open system approach.
(b)Assessment to inform strategyBefore designing or developing a covered system, the Secretary of Defense shall conduct an assessment to identify the open systems objectives to be achieved by the design and development of the covered system. Such assessment shall identify and document how such approach would— (1)support the objectives of the defense acquisition system established pursuant to section 3102 of this title;
(2)align with the preference for the acquisition of commercial products in section 3453 of this title to retain, to the maximum extent practicable, the commercial viability of subsystems and components of the covered system; (3)reduce the complexity and increase the speed by which new technology can be integrated into a covered system to enhance miliary effectiveness and responsiveness to emerging threats;
(4)enable the use of iterative development cycles and discontinue or terminate the development of capabilities— (A)that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or
(B)that are experiencing significant cost growth, performance deficiencies, or delays in schedule; (5)promote a robust and responsive defense industrial base, and foster competition amongst offerors of subsystems and components of the covered system through the life cycle of the covered system, especially at the module level;
(6)reduce schedule delays and development timelines; (7)increase and enable interoperability of a covered system with the joint force as changes to force design evolve; and
(8)enable effective life-cycle management and product support of a covered system— (A)in accordance with the requirements of section 4322 of this title; and
(B)to ensure that the covered system will meet applicable operational readiness requirements (as defined in such section 4322) and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable. (c)Architecture requirements (1)In developing an architecture for the procurement of a covered system using a modular open system approach, the Secretary shall ensure that the architecture—
(A)adequately designates and defines modules, module interfaces, key interfaces, and openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b); (B)to the extent practicable, is based on—
(i)widely accepted, consensus-based standards that are available at no cost or under fair and reasonable license terms; or (ii)if such standards are not available or suitable, incremental standards that define relationships between module interfaces and key interfaces; and
(C)is designed and developed to accelerate the procurement and integration of commercial products as modules, module interfaces, and key interfaces. (2)The Secretary shall consider input from private entities as early as possible to inform decisions regarding the level in the architecture at which a modular open system approach will be implemented for a covered system.
(3)The architecture described in this subsection shall be included in any draft and final solicitations for procurement of a covered system. (d)Openness CharacteristicsConsistent with the requirements of subchapter I of chapter 275 of this title, the Secretary shall include in the solicitation for the covered system a description of the desired openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b), including the following:
(1)The open systems objectives identified as result of the assessment required by subsection (b). (2)A description of the application of specifications or standards for module interfaces to achieve such objectives.
(3)A description of the minimum technical data package elements necessary to achieve such objectives. (4)The desired license rights in module interfaces or key interfaces based on such objectives, including desired license rights to enable the replacement of a module or module interface with an alternative or new module or module interface.
(e)Applicability to commercial productsIn applying the requirements of this section to a covered system that includes a commercial product, the Secretary of Defense shall— (1)implement modular open system approaches in accordance with such approaches used in the ordinary course of business for such commercial product on the commercial marketplace;
(2)for a commercial product that is commercial technical data or commercial software, procure such commercial product under license terms similar to such terms that are customarily provided to the public, unless the Secretary has specifically negotiated different license terms; (3)when applicable, obtain the delivery of commercial software development kits with license rights necessary to support the desired openness characteristics for the covered system; and
(4)to the maximum extent practical, conduct negotiations for desired license rights in accordance with the preference for specially negotiated licenses in section 3774(c) of this title. (f)DefinitionsIn this section:
(1)The term covered system means a system that is not a commercial product and that is acquired or developed under— (A)an acquisition program of the Department of Defense; or
(B)a research and development program of the Department to address a capability requirement or joint capability requirement (as defined in section 181 of this title). (2)The term incremental standard means a specification for a module interface or key interface that includes—
(A)software-defined syntax and properties that specifically govern how values are validly passed and received between subsystems and components in machine-readable format; (B)a machine-readable definition of the relationship between the module interface or key interface and existing common standards or interfaces available in Department databases; and
(C)documentation with functional descriptions of software-defined interfaces, conveying semantic meaning of elements of the module interface or key interface. (3)The term key interface means a shared boundary between any system, subsystem of a covered system, or set of modules, defined by various physical, logical, functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software.
(4)The term modular open system approach means the application of a strategy that leverages an architecture that enables modules to be incrementally added, removed, or replaced throughout the life cycle of the covered system to achieve a set of objectives. (5)The term module means a self-contained functional hardware or software unit—
(A)that can be developed, tested, and deployed independently of a module interface or key interface; and (B)that can simultaneously interact with another self-contained functional hardware or software unit described in subparagraph (A) through a module interface or key interface.
(6)The term module interface means a shared boundary between modules, defined by physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software. (7)The term software development kit means a collection of software tools and programs such as libraries, application programming interfaces, integrated development environments, testing tools, or documentation used to create applications that are appropriate for a specific software platform.. (3)Enforcement of certain rightsRegulations prescribed under paragraph (1) may not affect or limit any right described in paragraph (2)(A) or the ability of a contractor or subcontractor to enforce such a right against a third party that has not otherwise obtained a license for such a right from the United States or from the contractor or subcontractor.; and (3)Inapplicability of paragraph (2)Unless otherwise negotiated, paragraph (2) does not apply to technical data that— (A)constitutes a correction or change to data furnished by the United States; or
(B)is otherwise publicly available or has been released or disclosed by the contractor or subcontractor without restriction on further release or disclosure.; (4)Exceptions to paragraph (2)
(A)Notwithstanding paragraph (2), unless otherwise negotiated, the United States shall have government purpose rights, in perpetuity, in technical data that— (i)relates to form, fit, or function of an item or process; or
(ii)is necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data) of an item or process. (B)Notwithstanding paragraph (2), the United States may release or disclose technical data to persons outside the Government, or permit the use of technical data by such persons, if such release, disclosure, or use—
(i)is necessary for emergency repair and overhaul; (ii)is a release or disclosure of technical data (other than detailed manufacturing or process data) to, or use of such data by, a foreign government, where such release or disclosure is in the interest of the United States and is required for evaluation or informational purposes;
(iii)is made subject to a prohibition that the person to whom the data are released or disclosed may not further release, disclose, or use such data; and (iv)the contractor or subcontractor asserting the restriction is notified of such release, disclosure, or use.; (b)Additional definitionsIn this subchapter, the terms key interface, modular open system approach, module interface have the meanings given, respectively, in section 4401 of this title.. 4425.DefinitionsIn this subchapter: (1)The term major system platform means the highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed.
(2)The term weapon system component— (A)means a high level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through a key system interface (as defined in section 4401(f) of this title); and
(B)includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another subsystem or assembly described in subparagraph (A)..
Section 808
4401. Requirement for modular open system approach
Section 809
4425. Definitions In this subchapter: The term major system platform means the highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed. The term weapon system component— means a high level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through a key system interface (as defined in section 4401(f) of this title); and includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another subsystem or assembly described in subparagraph (A).
Section 810
1834. Bridging Operational Objectives and Support for Transition program In meeting the responsibilities of the Defense Innovation Unit under section 4127(d) of title 10, United States Code, the Director of the Defense Innovation Unit shall establish a program (to be known as the Bridging Operational Objectives and Support for Transition program) to accelerate the adoption or integration of commercial technologies into programs of record of the Department of Defense. Not later than 90 days after the date of the enactment of this subsection, the Director shall issue guidance on the BOOST program, including guidance to do the following: Enable a customer seeking a technology solution for a challenge or requirement in a program of record of the Department of Defense to request assistance under the BOOST program with identifying and adopting or integrating such a solution into such program. Establish requirements for the Defense Innovation Unit to— conduct a review of commercial technologies pursuant to a request described in subparagraph (A) with respect to a challenge or requirement of a program of record of the Department to identify commercial technology that may address such challenge or requirement; provide to the customer that made such request the findings of such review, including any commercial technologies so identified; and at the request of such customer after providing such findings to such customer, conduct development, experimentation, or integration activities in coordination with such customer to support or enable the adoption or integration of any commercial technology so identified into such program of record. Establish criteria for terminating assistance under the BOOST program for a customer or with respect to a commercial technology. The Director shall ensure the BOOST program works with and in support of— the program established under section 4061(a) of title 10, United States Code; other organizations of the Department of Defense responsible for accelerating the adoption and integration of technology in systems or programs of the Department; the Small Business Innovation Research Program; the Small Business Technology Transfer Program; and the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled Rapid Fulfillment of Combatant Commander Urgent Operational Needs (August 24, 2012)). Subject to the availability of appropriations, amounts authorized to be appropriated the Defense Innovation Unit for research, development, test, and evaluation for a fiscal year may be used for such fiscal year to carry out the BOOST program. The authorities and requirements under this subsection shall expire on December 31, 2030. Not later than two years after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Director, submit to the congressional defense committees a report on the effectiveness of the BOOST program in accelerating the adoption or integration of commercial technologies into programs of record of the Department of Defense, including— a summary description of customers and technologies adopted or integrated into such programs of record based on assistance provided under the BOOST program; recommendations of the Secretary to improve the BOOST program; and a recommendation whether to continue or terminate the BOOST program. In this section: The term BOOST program means the program established under subsection (a)(1). The term customer means a program manager or program executive officer of the Department of Defense that has primary responsibility for fielding the system or systems acquired. The term Director means the Director of the Defense Innovation Unit. The term program executive officer has the meaning given such term in section 1737(a) of title 10, United States Code. The terms Small Business Innovation Research Program and Small Business Technology Transfer Program have the meanings given such terms, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).
Section 811
1835. Transition to advanced manufacturing for certain critical items Not later than 120 days after the date of the enactment of this Act, the Program Executive Officer for each major weapon system shall, in coordination with each covered contractor and such contractor’s first-tier subcontractors— conduct an assessment of critical items that could be produced via advanced manufacturing processes within the period of 24 months following the date of the enactment of this Act for the purposes of— reducing fabrication time and costs; and increasing the ability to scale production rapidly; identify any development, engineering or testing (whether conducted by the original equipment manufacturer, contractor, or Federal Government) required to transition production of critical items to advanced manufacturing; estimate any non-recurring costs to complete such transition and recommend whether such costs are properly borne by the contractor involved or the Federal Government; and submit a plan to the Under Secretary of Defense for Acquisition and Sustainment to transition production of such critical items to advanced manufacturing to the maximum extent practicable. The Under Secretary of Defense for Acquisition and Sustainment shall use every available authority to waive or accelerate the development, engineering, or testing requirements identified in subsection (a)(2). Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit the plans required by subsection (a) to— the Defense Industrial Resilience Consortium established under section 1842 of this Act; and the congressional defense committees. Following receipt of the plans under subsection (c)(1), the Defense Industrial Resilience Consortium shall commence implementation and competitive solicitation of advanced manufacturing solutions of the critical items identified under subsection (a)(1), with the goal of maximizing the transition of such items to production via advanced manufacturing by not later than 24 months after the date of enactment of this Act. In this section: The term covered contractor means a contractor manufacturing or integrating hardware for a major weapon system. The term critical items means components, subassemblies, and assemblies that are among the top 10 drivers of current or future degraded mission capability for a major weapon system, as determined by the Under Secretary of Defense for Acquisition and Sustainment. The term advanced manufacturing shall have the meaning given that term by the Under Secretary of Defense for Acquisition and Sustainment for purposes of this section. Such definition shall, at a minium— encompass manufacturing technologies that integrate interconnected digital technologies such as robotics, artificial intelligence, and the Internet of Things, across the entire value stream to create highly efficient, flexible, and data-driven production systems, leading to improved quality, lower costs, and faster innovation; and include software-controlled subtractive manufacturing, additive manufacturing, powder bed fusion manufacturing, and other similar manufacturing technologies.
Section 812
1841. Amendments to the procurement technical assistance program Chapter 388 of title 10, United States Code, is amended— by amending section 4951(2)(B) to read as follows: a tribe, reservation, economic enterprise, or organization, as such terms are defined, respectively, in section 3 of the Indian Financing Act of 1974 (Public Law 93–262; 25 U.S.C. 1452). in section 4952— by redesignating paragraphs (1) and (2) as paragraphs (2) and (3); by inserting before paragraph (2), as so redesignated, the following new paragraph: to support the growth and resiliency of the industrial base by accelerating innovation, fostering ingenuity of business entities, and establishing resilient supply chains; in paragraph (2), as so redesignated, by striking and at the end; in paragraph (3), as so redesignated, by striking the period at the end and inserting ; and; and by inserting after paragraph (3) the following new paragraph: to mitigate costs of entry for business entities that improve the technology capabilities of the Department of Defense. in section 4954, by adding at the end the following new subsection: The Under Secretary of Defense for Acquisition and Sustainment may carry out a pilot program to award funding for national program staff to an eligible entity that has entered into a cooperative agreement under this section. Funding received under such pilot program shall not be subject to the requirements of subsection (b) or (e). National program staff funded under such pilot program shall provide subject matter expertise for technical assistance, including for activities authorized under section 4958. in section 4955— in paragraph (4) by striking $1,000,000 and inserting $1,500,000; and by adding at the end the following new subsection: The Secretary shall accept and use funds from other Federal agencies and departments for execution and administration of the program authorized by this chapter. in section 4961— in paragraph (1), by striking and at the end; in paragraph (2)(B), by striking the period at the end and inserting ; and; and by adding at the end the following new paragraph: an amount determined appropriate by the Secretary to establish one or more centers of excellence to provide to individuals or eligible entities that provide procurement technical assistance pursuant to this chapter training necessary to fulfill the purpose of the program under section 4952 of this title. (B)a tribe, reservation, economic enterprise, or organization, as such terms are defined, respectively, in section 3 of the Indian Financing Act of 1974 (Public Law 93–262; 25 U.S.C. 1452).; (1)to support the growth and resiliency of the industrial base by accelerating innovation, fostering ingenuity of business entities, and establishing resilient supply chains;; (4)to mitigate costs of entry for business entities that improve the technology capabilities of the Department of Defense.; (g)Pilot programThe Under Secretary of Defense for Acquisition and Sustainment may carry out a pilot program to award funding for national program staff to an eligible entity that has entered into a cooperative agreement under this section. Funding received under such pilot program shall not be subject to the requirements of subsection (b) or (e). National program staff funded under such pilot program shall provide subject matter expertise for technical assistance, including for activities authorized under section 4958.; (e)Funding from other federal agenciesThe Secretary shall accept and use funds from other Federal agencies and departments for execution and administration of the program authorized by this chapter.; and (3)an amount determined appropriate by the Secretary to establish one or more centers of excellence to provide to individuals or eligible entities that provide procurement technical assistance pursuant to this chapter training necessary to fulfill the purpose of the program under section 4952 of this title. .
Section 813
1842. Defense Industrial Resilience Consortium Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a consortium (to be known as the Defense Industrial Resilience Consortium) to address challenges to and limitations of the industrial base to ensure that the Armed Forces are equipped with the capabilities necessary to effectively respond to national security challenges. Membership in the consortium established under subsection (a) shall be open to relevant entities and individuals from the Government, industry, and academia with an interest in advanced manufacturing or production technologies, fostering domestic industrial innovation, or enabling rapid, scalable solutions to sustain and enhance the availability of essential defense components. The consortium established under subsection (a) shall provide a forum for the Government, industry, and academia to collaborate on identifying and addressing challenges to and limitations of the industrial base in meeting the needs of the Department of Defense. In identifying and addressing challenges to and limitations of the industrial base, the consortium established under subsection (a) shall focus on— eliminating impediments to a resilient and robust industrial base, including— policies and procedures that are impeding businesses of all types and sizes from working with the Department of Defense; areas where the Department could improve implementation of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355), including limiting the application of requirements specific to the Government in the procurement of commercial products and commercial services, and maximizing the use of commercial standards rather than military specifications and standards; and impediments to transitioning research, development, testing, and evaluation programs funded by military departments and the Department to relevant acquisition programs of record; identifying and addressing supply chain fragility, including— preventing or mitigating parts obsolescence, and addressing the vulnerabilities from reliance on single sources for any material, product, or service while reducing the dependencies on nonallied nations; developing long-term industrial base strategies and solutions to ensure the availability of mission-critical parts for systems of the Department throughout the life cycle of such systems; and bolstering supply chain diversity and developing shared awareness of supply chain challenges, risks, and opportunities between Government and industry; expanding domestic manufacturing and industrial capacity, including— enabling rapid engagement between Government, academia, and industry to develop, test, and scale solutions that can revitalize domestic manufacturing capabilities, reduce reliance on single sources of supply, and strengthen the defense industrial base; identifying financial incentives and business models to enable and support a civil reserve manufacturing network that could be activated to meet the needs of the Department of Defense; supporting and informing efforts to enhance government-owned, government-operated arsenals and depots with advanced manufacturing and other production capabilities to enable rapid response across the spectrum of operational environments; enabling and enhancing public-private partnerships between the organic industrial base, commercial manufacturing, and other industrial entities; and anticipate and close gaps in manufacturing capabilities for defense systems by fostering the adoption of additive manufacturing, automation, AI-driven production, and other emerging capabilities to modernize the industrial base and associated supply chains; accessing and implementing commercial approaches to enabling modern manufacturing capabilities, including— adoption of commercial approaches to information technology, software, the cloud, data management, and artificial intelligence to support and enable modern manufacturing capabilities; and identifying financial incentives and business models to encourage private-sector investment and expand access to advanced, high-quality advanced manufacturing, that uses software to digitize manufacturing to the greatest extent possible; and development and training of the workforce, including— leveraging industry best practices training and development of critical skills in advanced manufacturing, including skills required to manufacture unique components and products for systems of the Department of Defense and to enable capabilities of the Department; identifying or developing opportunities for public-private talent exchanges and skills development in areas such as advanced manufacturing, supply chain management, and supply chain risk management; and identify or develop curriculum and experiential learning to support and enable advanced manufacturing, production technologies, or industrial innovation. Relevant work products and recommendations developed through consortium activities shall be considered by the Secretary of Defense in developing policy and allocating resources to ensure that the Armed Forces are equipped with the capabilities necessary to effectively respond to national security challenges. The consortium established under subsection (a) shall support the use of other transactions authorities under sections 4021 and 4022 of title 10, United States Code, and other appropriate acquisition authorities, to rapidly prototype and field advanced manufacturing solutions and to address the other challenges to and limitations of the industrial base.
Section 814
1843. Qualification, acceptance, and supply chain management of products manufactured using advanced manufacturing Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish in the Defense Industrial Resilience Consortium established under section 1842 a working group to develop recommendations for improving the policies and procedures of the Department of Defense for the qualification, acceptance, and management of the supply chains of products manufactured using advanced manufacturing. The membership of the working group shall include representatives from government, industry, and academia with expertise in advanced manufacturing, engineering, the procedures of the Department of Defense for qualifying and accepting products, supply chain management, or commercial best practices and business models for advanced manufacturing. The working group shall— review the policies and procedures of the Department of Defense to identity policies and procedures for the qualification, acceptance, and management of the supply chains of products that are insufficient for or not applicable to products manufactured using advanced manufacturing; identify any changes to the policies and procedures of the Department required for the Department to benefit fully from access to and use of products manufactured using advanced manufacturing; and develop recommendations for— technical guidance with respect to the qualification, acceptance, and management of the supply chains of products manufactured using advanced manufacturing; policies and procedures for the qualification, acceptance, and management of the supply chains of such products; changes to any other policies and procedures of the Department identified under paragraph (2); and training to enhance the knowledge and experience of the workforce of the Department of Defense with advanced manufacturing, including the benefits, limitations, and commercial best practices and business models for designing, developing, and using products manufactured using advanced manufacturing. Not later than 1 year after the date of enactment, the Secretary of Defense shall submit to Congress— a report on the recommendations developed by the working group under subsection (c)(3) and the actions taken by the Secretary to better enable to the Department of Defense to access and use products manufactured using advanced manufacturing; and a recommendation whether to continue or terminate the working group. In this section, the term working group means the working group established under subsection (a).
Section 815
1844. Report on surge capacity in the defense industrial base Not later than March 1, 2026, the Assistant Secretary of Defense for Industrial Base Policy and the Director of Defense Pricing, Contracting, and Acquisition Policy shall jointly submit to the congressional defense committees a report on efforts to identify and address regulations or policies that discourage or prevent contractors of the Department of Defense from maintaining or investing in surge capacity. The report required subsection (a) shall include the following: A discussion of any efforts by United States DOGE Service (commonly referred to as the Department of Government Efficiency or DOGE), acting in coordination with the Office of the Secretary of Defense, to review and address the barriers described in subsection (a)(1). An identification of policies that incentivize contractors to reduce or eliminate surge capacity, including section 31.205-17 of the Federal Acquisition Regulation (relating to idle facilities and idle capacity costs). Any steps taken by the Secretary of Defense to address regulatory barriers disincentivizing surge capacity within the defense industrial base as part of the implementation of Executive Order 14265 titled Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base (90 Fed. Reg. 15621; April 15, 2025). In this section, the term surge capacity mean the ability of contractors in the defense industrial base to rapidly increase production capacity to meet increased demand for defense articles and defense services (as such terms are defined, respectively, in section 301 of title 10, United States Code).
Section 816
2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2026.
Section 817
2002. Expiration of authorizations and amounts required to be specified by law 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— October 1, 2028; or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2029. 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— October 1, 2028; or the date of the enactment of an Act authorizing funds for fiscal year 2029 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Section 818
2003. Effective date Titles XXI through XXVII shall take effect on the later of— October 1, 2025; or the date of the enactment of this Act.
Section 819
2101. Authorized Army construction and land acquisition projects 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: 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: The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2217) is amended— by striking the item relating to Florida in the State column; by striking the item relating to Naval Air Station Key West in the Installation column; and by striking the item relating to $90,000,000 in the Amount column.
Section 820
2102. Family Housing 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: 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 $32,824,000.
Section 821
2103. Authorization of appropriations, Army Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, 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. 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 sections 2101 and 2102 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.
Section 822
2104. Extension of authority to carry out fiscal year 2021 project at Fort Gillem, Georgia 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 2101(a) of that Act (134 Stat. 4295) and most recently extended by section 2107 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2216), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 823
2105. Extension of authority to carry out certain fiscal year 2022 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (135 Stat. 2163) and extended by section 2108 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2216), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 824
2106. Extension of authority to carry out certain fiscal year 2023 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (136 Stat. 2971), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 825
2107. Modification of authority to carry out fiscal year 2025 project at Smith Barracks, Germany In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2213) for Hohenfels Training Area, for construction of a barracks as specified in the funding table in section 4601 of such Act, the Secretary of the Army may construct a barracks at Smith Barracks, Germany.
Section 826
2201. Authorized Navy construction and land acquisition projects 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: 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:
Section 827
2202. Family Housing Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $68,230,000. 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 $6,605,000.
Section 828
2203. Authorization of appropriations, Navy Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, 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. 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 sections 2201 and 2202 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.
Section 829
2204. Extension of authority to carry out fiscal year 2022 project at Marine Corps Air Station Cherry Point, North Carolina Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81), the authorization set forth in the table in subsection (b), as authorized pursuant to section 2201 of such Act, shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 830
2205. Extension of authority to carry out certain fiscal year 2022 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2201 and 2202 of that Act (135 Stat. 2166, 2167) and extended by section 2207 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2221), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 831
2206. Extension of authority to carry out certain fiscal year 2023 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (136 Stat. 2975), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 832
2301. Authorized Air Force construction and land acquisition projects 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: 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:
Section 833
2302. Family Housing 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 $237,655,000. 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 $36,575,000.
Section 834
2303. Authorization of appropriations, Air Force Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, 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. 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 sections 2301 and 2302 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.
Section 835
2304. Extension of authority to carry out fiscal year 2017 project at Spangdahlem Air Base, Germany 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 subsection (b), as provided in section 2902 of that Act (130 Stat. 2743) and most recently extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2224), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 836
2305. Extension of authority to carry out certain fiscal year 2019 projects 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 subsection (b), as provided in section 2903 of that Act (132 Stat. 2287) and most recently extended by section 2306 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2225), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 837
2306. Extension of authority to carry out certain fiscal year 2020 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1862), the authorizations set forth in the table in subsection (b), as provided in sections 2301(a) and 2912(a) of that Act (133 Stat. 1867, 1913), and extended by section 2307 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2226), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 838
2307. Extension of authority to carry out certain fiscal year 2022 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (135 Stat. 2168) and extended by section 2309 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2227), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 839
2308. Extension of authority to carry out certain fiscal year 2023 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (136 Stat. 2978), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 840
2309. Modification of authority to carry out fiscal year 2025 project at F.E. Warren Air Force Base, Wyoming In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2222) for F.E. Warren Air Force Base, Wyoming, for the Ground Based Strategic Deterrent Utility Corridor, the Secretary of the Air Force may construct 3,219 kilometers of telephone duct facility.
Section 841
2401. Authorized defense agencies construction and land acquisition projects 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: 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:
Section 842
2402. Authorized energy resilience and conservation investment program projects 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: 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:
Section 843
2403. Authorization of appropriations, Defense Agencies Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, 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. 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 sections 2401 and 2402 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.
Section 844
2404. Extension of authority to carry out fiscal year 2019 project at Iwakuni, Japan 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 section 2401(b) of that Act (132 Stat. 2249) and most recently extended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2232), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 845
2405. Extension of authority to carry out certain fiscal year 2022 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2401 and 2402 of that Act (135 Stat. 2173, 2174), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 846
2406. Extension of authority to carry out certain fiscal year 2023 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in sections 2401(a) and 2402(a) of that Act (136 Stat. 2982, 2983), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 847
2407. Modification of authority to carry out fiscal year 2024 project at Redstone Arsenal, Alabama In the case of the authorization contained in the table in section 2401 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 726) for Redstone Arsenal, Alabama, for construction of a ground test facility infrastructure project at that location, the Missile Defense Agency may renovate additional square footage and convert administrative space to classified space.
Section 848
2408. Modification of authority to carry out fiscal year 2024 project at Lake City Army Ammunition Plant, Missouri In the case of the authorization contained in the table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 727) for Lake City Army Ammunition Plant, Missouri, for construction of a microgrid and backup power, the Secretary of Defense may construct a microgrid and backup power, including the installation of liquid propane gas tanks and associated piping, foundations, pumps, saddles, propane vaporizers and controls. The authorization table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 727) is amended in the item relating to Lake City Army Ammunition Plant, Missouri, by striking the dollar amount and inserting $86,500,000. The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 901) is amended in the items relating to Lake City Army Ammunition Plant, Missouri, by striking the dollar amount and inserting $86,500.
Section 849
2409. Modification of authority to carry out fiscal year 2025 project at Joint Base Andrews, Maryland In the case of the authorization contained in the table in section 2402 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2229) for Joint Base Andrews, Maryland, for construction of a microgrid with electric vehicle charging infrastructure, the Secretary of the Air Force may construct a new power generation and microgrid facility.
Section 850
2410. Modification of authority to carry out fiscal year 2025 project at Joint Base Mcguire-Dix-Lakehurst, New Jersey In the case of the authorization contained in the table in section 2402 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2229) for Joint Base McGuire-Dix-Lakehurst, New Jersey, for construction of a microgrid with electric vehicle charging infrastructure, the Secretary of the Air Force may construct a new power generation and microgrid facility.
Section 851
2501. Authorized NATO construction and land acquisition projects; authorization of appropriations Using amounts appropriated pursuant to the authorization of appropriations in subsection (b) and available for the North Atlantic Treaty Organization Security Investment Program, the Secretary of Defense may make contributions under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects carried out under such program in an amount not to exceed the sum of— the amount authorized to be appropriated for such purpose in subsection (b); and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. There is authorized to be appropriated amounts specified in the funding table in section 4601 for the North Atlantic Treaty Organization Security Investment Program for fiscal years beginning after September 30, 2025, for the contributions of the Secretary of Defense described in subsection (a).
Section 852
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:
Section 853
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:
Section 854
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:
Section 855
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:
Section 856
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 project for the Navy Reserve and Marine Corps Reserve location inside the United States, and in the amount, set forth in the following table:
Section 857
2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Section 858
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:
Section 859
2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, 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.
Section 860
2607. Extension of authority to carry out certain fiscal year 2023 projects Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, 2603 and 2604 of that Act (136 Stat. 2986, 2987), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later. The table referred to in subsection (a) is as follows:
Section 861
2608. Modification of authority to carry out fiscal year 2023 project at Tucson International Airport, Arizona In the case of the authorization contained in the table in section 2604 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2987) for Tucson International Airport, Arizona, the Secretary of the Air Force may acquire a parcel of real property consisting of approximately 10 acres of land located in the northwest quarter of section 18, township 15 south, range 14 east, Gila and Salt River Meridian, City of Tucson, Pima County, Arizona.
Section 862
2609. Authority to carry out fiscal year 2026 project at Army Reserve Center Conroe, Texas The Secretary of the Army may carry out a military construction project to construct a rotary-wing landing pad and taxiway at Army Reserve Center, Conroe, Texas, in an amount not to exceed $12,000,000. To carry out the project described in subsection (a), the Secretary of the Army may use unobligated funds— that have been appropriated for a fiscal year that precedes fiscal year 2026; and that remain available under the heading Military Construction, Army Reserve.
Section 863
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, 2025, 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 amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.
Section 864
2801. Facility construction or repair: transactions other than contracts and grants Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2808 the following new section: The Secretary of Defense and each Secretary of a military department may enter into transactions (other than contracts, cooperative agreements, or grants) to carry out repair and construction projects for facilities, including the planning, design, engineering, prototyping, piloting, and execution of such repair and construction projects. The Secretary of Defense or a Secretary of a military department (as applicable) may carry out projects under subsection (a) 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 chapters 221 and 223 of this title. A transaction entered into under this section for a project may provide for the award of a follow-on production contract or transaction to the participants in the transaction without further competition, if— competitive procedures were used for the selection of parties for participation in the original transaction; and the participants in the original transaction successfully completed— a complete and useable facility; or a complete and useable improvement to a facility. Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the use of the authority under this section during the fiscal year preceding the date of the report, including number of transactions and the costs, types of projects, and outcomes of each such transaction. 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. 2808a.Facility construction or repair: transactions other than contracts and grants
(a)AuthorityThe Secretary of Defense and each Secretary of a military department may enter into transactions (other than contracts, cooperative agreements, or grants) to carry out repair and construction projects for facilities, including the planning, design, engineering, prototyping, piloting, and execution of such repair and construction projects. (b)Use of amountsThe Secretary of Defense or a Secretary of a military department (as applicable) may carry out projects under subsection (a) 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 chapters 221 and 223 of this title.
(c)Follow-on transactionsA transaction entered into under this section for a project may provide for the award of a follow-on production contract or transaction to the participants in the transaction without further competition, if— (1)competitive procedures were used for the selection of parties for participation in the original transaction; and
(2)the participants in the original transaction successfully completed— (A)a complete and useable facility; or
(B)a complete and useable improvement to a facility. (d)ReportNot later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the use of the authority under this section during the fiscal year preceding the date of the report, including number of transactions and the costs, types of projects, and outcomes of each such transaction..
Section 865
2808a. Facility construction or repair: transactions other than contracts and grants The Secretary of Defense and each Secretary of a military department may enter into transactions (other than contracts, cooperative agreements, or grants) to carry out repair and construction projects for facilities, including the planning, design, engineering, prototyping, piloting, and execution of such repair and construction projects. The Secretary of Defense or a Secretary of a military department (as applicable) may carry out projects under subsection (a) 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 chapters 221 and 223 of this title. A transaction entered into under this section for a project may provide for the award of a follow-on production contract or transaction to the participants in the transaction without further competition, if— competitive procedures were used for the selection of parties for participation in the original transaction; and the participants in the original transaction successfully completed— a complete and useable facility; or a complete and useable improvement to a facility. Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the use of the authority under this section during the fiscal year preceding the date of the report, including number of transactions and the costs, types of projects, and outcomes of each such transaction.
Section 866
2802. Supervision of military construction projects Section 2851(a) of title 10, United States Code, is amended by striking the Secretary of the Army and all that follows through approves and inserting a military department or Government agency (as approved by the Secretary of Defense).
Section 867
2803. Improvements to water management and security on military installations Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2866 the following new section: The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary. The Secretary concerned shall begin implementation of paragraph (1) by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines— are experiencing the greatest risks to water management and water security; and face the most severe existing or potential adverse impacts to mission assurance as a result of such risks. Determinations under paragraph (2) shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection (b). The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to water management and water security and mission assurance. Such methodology shall include the following: An evaluation of all water sources available to a military installation, disaggregated by— raw water (total available water volume); treated potable water; and treated nonpotable water. An assessment of relevant supply connections for a military installation, including number, type, water flow rate, seasonal variability, and the extent of competition for the water sources. A calculation of the total water requirement of the military installation that— includes an identification of the water usage by tenant commands that reside on the military installation; and describes the water uses that comprise such total water requirement, disaggregated by— drinking water uses; and nonpotable water uses, including industrial and agricultural uses, such as cooling, irrigation groundskeeping, and wash water. An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation, including an estimate of the percentage of water lost to such water infrastructure that is in poor or failing condition. An evaluation of the military installation’s water security risks that could negatively impact mission assurance, including— the location of the military installation in a drought-prone region; decreasing water levels or sources; effects of new defense water uses on the total water requirement of the military installation; increases to the demand for water in areas outside the jurisdiction of the military installation that— result from nondefense or defense adjacent requirements; and could affect— the supply of water available for use by the military installation; the quality of such water; and legal issues of the military installation, such as water rights disputes. An evaluation of the capacity of the military installation’s water supply to withstand or quickly recover from water resource constraints, and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption. An evaluation of existing water metering and consumption at the military installation, considered at a minimum— by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and by fluctuations in consumption, including peak consumption by quarter. The appropriate frequency for reassessment of the installations at highest water security risk. The Secretaries concerned, acting jointly, shall update the methodology under paragraph (1) not less frequently than once every ten years. Each Secretary concerned shall update its assessments of the most at-risk installations not less frequently than the frequency established under subsection (b)(2)(H). Each Secretary of a military department shall— identify the three military installations under the jurisdiction of the Secretary that are most at-risk for water insecurity; and develop, for each military installation so identified, a plan of action and milestones to address— risks to water security; and threats to mission assurance. Each such plan of action shall include the following: The nature of each risk to the military installation’s capacity and mission assurance. The factors contributing to the high degree of risk, disaggregated by risks located— inside the jurisdiction of the military installation; and outside such jurisdiction. A plan for implementing installation-level metering to ensure more accurate assessments of demand for water at the military installation. An assessment of— the effects of planned future missions and new tenants on the demand for water at the military installation; and the corresponding requirements for water infrastructure serving the military installation to ensure adequate water supply for mission assurance. A list of infrastructure projects to mitigate loss of available water supply to leakage, including new construction, recapitalization, required maintenance, and modernization of existing infrastructure. A cost-benefit analysis of using no dig technologies, including cure-in-place pipe lining, to mitigate infrastructure degradation that leads to water loss. Each Secretary concerned shall evaluate each military installation under the jurisidiction of the Secretary identified pursuant to subsection (d)(A), to determine the potential for the military installation to mitigate risks to water security through the reuse of nonpotable for nondrinking water uses. Such evaluation shall include the following: An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as nonpotable water. An assessment of the feasibility of incorporating, when practicable, water-efficient technologies and systems to minimize water consumption and wastewater discharge in buildings located on the military installation scheduled for renovation. An evaluation of the practicality of implementing water reuse systems and other water-saving infrastructure into new construction in water-constrained areas, as determined pursuant to the applicable water management and security assessment under subsection (b). The Secretary concerned shall, to the maximum extent practicable, implement, at each military installation under the jurisdiction of the Secretary, landscaping management practices that mitigate risks to water security and enhance mission assurance by enabling greater quantities of water availability for operational, training, and maintenance requirements. For military installations located in arid or semi-arid regions, such landscaping management practices shall include practices that avoid the cost of irrigation. For military installations located in nonarid regions, such landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants that decrease water consumption requirements. Not later than 180 days after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes— an identification, in ranked order, of the military installations under the jurisdiction of the Secretary concerned that have the most significant risk to water security; and a description of the schedule for developing the plan of action required by subsection (d). Not later than one year after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, and annually thereafter not later than the date of President’s budget for a fiscal year under section 1105 of title 31, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes, with respect to the period covered by the briefing— an update on the progress of the Secretary concerned toward completing the water security assessment required by subsection (b); up-to-date cost estimates for projects to mitigate loss of available water supply to leakage identified pursuant to subsection (d)(1)(E); and a description of— any agreement between a Secretary concerned and the head of a non-Department of Defense entity with respect to property under the jurisdiction of the Secretary concerned that may affect— the supply of water available to a military installation under the jurisdiction of the Secretary concerned; or the demand for water of such a military installation; and any change to— the water supply of a military installation under the jurisdiction of the Secretary concerned; or the demand for water of such a military installation. Nothing in this section shall be construed to require the repetition or replacement of any prior water assessment or evaluation conducted before the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, so long as such assessment remains accurate and reflects current mission requirements. Section 2827 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2866 note) is repealed. 2866a.Risk-based approach to installation water management and security at military installations (a)In general (1)The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary.
(2)The Secretary concerned shall begin implementation of paragraph (1) by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines— (A)are experiencing the greatest risks to water management and water security; and
(B)face the most severe existing or potential adverse impacts to mission assurance as a result of such risks. (3)Determinations under paragraph (2) shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection (b).
(b)Water management and water security assessments
(1)The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to water management and water security and mission assurance. (2)Such methodology shall include the following:
(A)An evaluation of all water sources available to a military installation, disaggregated by— (i)raw water (total available water volume);
(ii)treated potable water; and (iii)treated nonpotable water.
(B)An assessment of relevant supply connections for a military installation, including number, type, water flow rate, seasonal variability, and the extent of competition for the water sources. (C)A calculation of the total water requirement of the military installation that—
(i)includes an identification of the water usage by tenant commands that reside on the military installation; and (ii)describes the water uses that comprise such total water requirement, disaggregated by—
(I)drinking water uses; and (II)nonpotable water uses, including industrial and agricultural uses, such as cooling, irrigation groundskeeping, and wash water.
(D)An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation, including an estimate of the percentage of water lost to such water infrastructure that is in poor or failing condition. (E)An evaluation of the military installation’s water security risks that could negatively impact mission assurance, including—
(i)the location of the military installation in a drought-prone region; (ii)decreasing water levels or sources;
(iii)effects of new defense water uses on the total water requirement of the military installation; (iv)increases to the demand for water in areas outside the jurisdiction of the military installation that—
(I)result from nondefense or defense adjacent requirements; and (II)could affect—
(aa)the supply of water available for use by the military installation; (bb)the quality of such water; and
(cc)legal issues of the military installation, such as water rights disputes. (F)An evaluation of the capacity of the military installation’s water supply to withstand or quickly recover from water resource constraints, and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption.
(G)An evaluation of existing water metering and consumption at the military installation, considered at a minimum— (i)by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and
(ii)by fluctuations in consumption, including peak consumption by quarter. (H)The appropriate frequency for reassessment of the installations at highest water security risk.
(3)The Secretaries concerned, acting jointly, shall update the methodology under paragraph (1) not less frequently than once every ten years. (c)Reassessment of water insecure military installationsEach Secretary concerned shall update its assessments of the most at-risk installations not less frequently than the frequency established under subsection (b)(2)(H).
(d)Mitigation of water security risk at most at-risk installations
(1)Each Secretary of a military department shall— (A)identify the three military installations under the jurisdiction of the Secretary that are most at-risk for water insecurity; and
(B)develop, for each military installation so identified, a plan of action and milestones to address— (i)risks to water security; and
(ii)threats to mission assurance. (2)Each such plan of action shall include the following:
(A)The nature of each risk to the military installation’s capacity and mission assurance. (B)The factors contributing to the high degree of risk, disaggregated by risks located—
(i)inside the jurisdiction of the military installation; and (ii)outside such jurisdiction.
(C)A plan for implementing installation-level metering to ensure more accurate assessments of demand for water at the military installation. (D)An assessment of—
(i)the effects of planned future missions and new tenants on the demand for water at the military installation; and (ii)the corresponding requirements for water infrastructure serving the military installation to ensure adequate water supply for mission assurance.
(E)A list of infrastructure projects to mitigate loss of available water supply to leakage, including new construction, recapitalization, required maintenance, and modernization of existing infrastructure. (F)A cost-benefit analysis of using no dig technologies, including cure-in-place pipe lining, to mitigate infrastructure degradation that leads to water loss.
(e)Evaluation of installations for nonpotable water reuse
(1)Each Secretary concerned shall evaluate each military installation under the jurisidiction of the Secretary identified pursuant to subsection (d)(A), to determine the potential for the military installation to mitigate risks to water security through the reuse of nonpotable for nondrinking water uses. (2)Such evaluation shall include the following:
(A)An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as nonpotable water. (B)An assessment of the feasibility of incorporating, when practicable, water-efficient technologies and systems to minimize water consumption and wastewater discharge in buildings located on the military installation scheduled for renovation.
(C)An evaluation of the practicality of implementing water reuse systems and other water-saving infrastructure into new construction in water-constrained areas, as determined pursuant to the applicable water management and security assessment under subsection (b). (f)Cost effective landscaping management practices (1)The Secretary concerned shall, to the maximum extent practicable, implement, at each military installation under the jurisdiction of the Secretary, landscaping management practices that mitigate risks to water security and enhance mission assurance by enabling greater quantities of water availability for operational, training, and maintenance requirements.
(2)For military installations located in arid or semi-arid regions, such landscaping management practices shall include practices that avoid the cost of irrigation. (3)For military installations located in nonarid regions, such landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants that decrease water consumption requirements.
(g)Briefings required
(1)Not later than 180 days after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes— (A)an identification, in ranked order, of the military installations under the jurisdiction of the Secretary concerned that have the most significant risk to water security; and
(B)a description of the schedule for developing the plan of action required by subsection (d). (2)Not later than one year after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, and annually thereafter not later than the date of President’s budget for a fiscal year under section 1105 of title 31, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes, with respect to the period covered by the briefing—
(A)an update on the progress of the Secretary concerned toward completing the water security assessment required by subsection (b); (B)up-to-date cost estimates for projects to mitigate loss of available water supply to leakage identified pursuant to subsection (d)(1)(E); and
(C)a description of— (i)any agreement between a Secretary concerned and the head of a non-Department of Defense entity with respect to property under the jurisdiction of the Secretary concerned that may affect—
(I)the supply of water available to a military installation under the jurisdiction of the Secretary concerned; or (II)the demand for water of such a military installation; and
(ii)any change to— (I)the water supply of a military installation under the jurisdiction of the Secretary concerned; or
(II)the demand for water of such a military installation. (h)Rule of constructionNothing in this section shall be construed to require the repetition or replacement of any prior water assessment or evaluation conducted before the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, so long as such assessment remains accurate and reflects current mission requirements..
Section 868
2866a. Risk-based approach to installation water management and security at military installations The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary. The Secretary concerned shall begin implementation of paragraph (1) by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines— are experiencing the greatest risks to water management and water security; and face the most severe existing or potential adverse impacts to mission assurance as a result of such risks. Determinations under paragraph (2) shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection (b). The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to water management and water security and mission assurance. Such methodology shall include the following: An evaluation of all water sources available to a military installation, disaggregated by— raw water (total available water volume); treated potable water; and treated nonpotable water. An assessment of relevant supply connections for a military installation, including number, type, water flow rate, seasonal variability, and the extent of competition for the water sources. A calculation of the total water requirement of the military installation that— includes an identification of the water usage by tenant commands that reside on the military installation; and describes the water uses that comprise such total water requirement, disaggregated by— drinking water uses; and nonpotable water uses, including industrial and agricultural uses, such as cooling, irrigation groundskeeping, and wash water. An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation, including an estimate of the percentage of water lost to such water infrastructure that is in poor or failing condition. An evaluation of the military installation’s water security risks that could negatively impact mission assurance, including— the location of the military installation in a drought-prone region; decreasing water levels or sources; effects of new defense water uses on the total water requirement of the military installation; increases to the demand for water in areas outside the jurisdiction of the military installation that— result from nondefense or defense adjacent requirements; and could affect— the supply of water available for use by the military installation; the quality of such water; and legal issues of the military installation, such as water rights disputes. An evaluation of the capacity of the military installation’s water supply to withstand or quickly recover from water resource constraints, and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption. An evaluation of existing water metering and consumption at the military installation, considered at a minimum— by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and by fluctuations in consumption, including peak consumption by quarter. The appropriate frequency for reassessment of the installations at highest water security risk. The Secretaries concerned, acting jointly, shall update the methodology under paragraph (1) not less frequently than once every ten years. Each Secretary concerned shall update its assessments of the most at-risk installations not less frequently than the frequency established under subsection (b)(2)(H). Each Secretary of a military department shall— identify the three military installations under the jurisdiction of the Secretary that are most at-risk for water insecurity; and develop, for each military installation so identified, a plan of action and milestones to address— risks to water security; and threats to mission assurance. Each such plan of action shall include the following: The nature of each risk to the military installation’s capacity and mission assurance. The factors contributing to the high degree of risk, disaggregated by risks located— inside the jurisdiction of the military installation; and outside such jurisdiction. A plan for implementing installation-level metering to ensure more accurate assessments of demand for water at the military installation. An assessment of— the effects of planned future missions and new tenants on the demand for water at the military installation; and the corresponding requirements for water infrastructure serving the military installation to ensure adequate water supply for mission assurance. A list of infrastructure projects to mitigate loss of available water supply to leakage, including new construction, recapitalization, required maintenance, and modernization of existing infrastructure. A cost-benefit analysis of using no dig technologies, including cure-in-place pipe lining, to mitigate infrastructure degradation that leads to water loss. Each Secretary concerned shall evaluate each military installation under the jurisidiction of the Secretary identified pursuant to subsection (d)(A), to determine the potential for the military installation to mitigate risks to water security through the reuse of nonpotable for nondrinking water uses. Such evaluation shall include the following: An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as nonpotable water. An assessment of the feasibility of incorporating, when practicable, water-efficient technologies and systems to minimize water consumption and wastewater discharge in buildings located on the military installation scheduled for renovation. An evaluation of the practicality of implementing water reuse systems and other water-saving infrastructure into new construction in water-constrained areas, as determined pursuant to the applicable water management and security assessment under subsection (b). The Secretary concerned shall, to the maximum extent practicable, implement, at each military installation under the jurisdiction of the Secretary, landscaping management practices that mitigate risks to water security and enhance mission assurance by enabling greater quantities of water availability for operational, training, and maintenance requirements. For military installations located in arid or semi-arid regions, such landscaping management practices shall include practices that avoid the cost of irrigation. For military installations located in nonarid regions, such landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants that decrease water consumption requirements. Not later than 180 days after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes— an identification, in ranked order, of the military installations under the jurisdiction of the Secretary concerned that have the most significant risk to water security; and a description of the schedule for developing the plan of action required by subsection (d). Not later than one year after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, and annually thereafter not later than the date of President’s budget for a fiscal year under section 1105 of title 31, the Secretaries concerned shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes, with respect to the period covered by the briefing— an update on the progress of the Secretary concerned toward completing the water security assessment required by subsection (b); up-to-date cost estimates for projects to mitigate loss of available water supply to leakage identified pursuant to subsection (d)(1)(E); and a description of— any agreement between a Secretary concerned and the head of a non-Department of Defense entity with respect to property under the jurisdiction of the Secretary concerned that may affect— the supply of water available to a military installation under the jurisdiction of the Secretary concerned; or the demand for water of such a military installation; and any change to— the water supply of a military installation under the jurisdiction of the Secretary concerned; or the demand for water of such a military installation. Nothing in this section shall be construed to require the repetition or replacement of any prior water assessment or evaluation conducted before the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026, so long as such assessment remains accurate and reflects current mission requirements.
Section 869
2804. Authority to use progressive design-build procedures for military construction projects Section 3241(f) of title 10, United States Code, is amended— in paragraph (1), by striking The Secretary and inserting Subject to paragraph (4), each Secretary ; in paragraph (2), by striking Any military construction contract and inserting Any construction contract for a military construction project; by amending paragraphs (3) and (4) to read as follows: Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under this subsection that includes the following: A description of the military construction project for which such authority was used, including project title, location, scope, and rationale for selecting such project. The date of award of a contract for such military construction project, the initial estimated contract value, and the current projected total cost of such project. A comparison of projected schedule for completion of such project with the actual schedule, including dates for completing the design of such project and commencing construction. Any realized or anticipated cost savings or efficiencies, including those related to time, resources, or design innovation, attributable to the use of the use of the authority under this subsection for a military construction project. An assessment of risk management benefits, including changes in scope, design flexibility, or coordination improvements between contractor and the Secretary of a military department with jurisdiction over the military construction project for which such authority was used. Any challenges encountered, and mitigation efforts made, in the use such authority for the military construction project. Each Secretary of a military department may exercise the authority under this subsection using amounts appropriated for such purpose on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026. (3)Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under this subsection that includes the following:
(A)A description of the military construction project for which such authority was used, including project title, location, scope, and rationale for selecting such project. (B)The date of award of a contract for such military construction project, the initial estimated contract value, and the current projected total cost of such project.
(C)A comparison of projected schedule for completion of such project with the actual schedule, including dates for completing the design of such project and commencing construction. (D)Any realized or anticipated cost savings or efficiencies, including those related to time, resources, or design innovation, attributable to the use of the use of the authority under this subsection for a military construction project.
(E)An assessment of risk management benefits, including changes in scope, design flexibility, or coordination improvements between contractor and the Secretary of a military department with jurisdiction over the military construction project for which such authority was used. (F)Any challenges encountered, and mitigation efforts made, in the use such authority for the military construction project.
(4)Each Secretary of a military department may exercise the authority under this subsection using amounts appropriated for such purpose on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026..
Section 870
2805. Pilot program on use of additive construction technologies at Army installations Beginning not later than 90 days after the enactment of this Act, the Secretary of the Army, acting through a designee thereof, shall carry out a pilot program on the use of additive construction technologies for military construction projects on covered installations. The Secretary shall— select one or more covered installations at which to carry out the pilot program under subsection (a); and take such steps as may be necessary to minimize any disruption from such pilot program on the operations of any covered installation so selected. In carrying out the pilot program under subsection (a), the Secretary shall— generate a standardized design of one or more military housing products compatible with additive construction methods; using such additive construction methods, build the military housing product or products, as the case may be, pursuant to the respective design generated under paragraph (1)— at each covered installation selected under subsection (b); and in sufficient quantities, as determined by the Secretary, to demonstrate the advantages and disadvantages of additive construction if adopted across all military installations; and prescribe data collection requirements for the activities under paragraphs (1) and (2), including with respect to design and building schedule, cost information, and effect on quality of life, and collect data pursuant to such requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation of the pilot program under subsection (a), including— a summary of any impediments to such implementation identified by the Secretary, including any statutory or resource limitations; a summary of the recommendations of the Secretary to address any impediment so identified; and any other recommendation of the Secretary for improving the pilot program, including whether to extend or make the pilot program permanent, and a strategic sequencing plan for any extension or permanent adoption so recommended. Not later than 180 days after the termination of the pilot program under subsection (e), the Secretary shall submit to the congressional defense committees a report on the results of the pilot program, taking into account data collected pursuant to subsection (c)(3). The authority to carry out the pilot program under subsection (a) shall terminate on the date that is three years after the date of the enactment of this Act. In this section, the term covered installation means any installation under the jurisdiction of the Secretary of the Army, without regard to whether the covered installation is located in or outside of the continental United States.
Section 871
2806. Consideration of modular construction methods for military construction projects with protective design elements In determining the requirements for a proposed military construction project with protective design elements, the Secretary of Defense shall consider the use of modular construction methods along with other construction methods to determine the most effective method for such military construction project to meet mission needs. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the use of modular construction methods as described in subsection (a). Such report shall include the following: A summary of current Department of Defense policy and guidance governing the use of modular construction for military construction projects with protective design elements. An assessment of the cost effectiveness, construction timelines, performance characteristics, and life-cycle costs of modular construction methods compared to other construction methods for military construction projects. Identification of the types of military construction projects for which modular construction methods are the most appropriate or advantageous, and any limitations or constraints on the use of such methods. Any recommendations to promote appropriate consideration of modular construction methods for military construction projects where such methods offer cost, schedule, or operational benefits. In this section: The term modular construction means a construction process in which components of a military construction project are prefabricated off-site under controlled conditions and then transported to the site of such project for assembly. The term protective design elements means, with respect to a military construction project, that such project requires use of materials that have been blast hardened or ballistic hardened.
Section 872
2807. Multiyear contracting authority for certain military construction projects Subject to section 3501 of title 10, United States Code, and the requirements of this section, each Secretary of a military department may enter into one or more multiyear contracts during fiscal year 2026, for any purchase relating to a military construction projects for covered military unaccompanied housing (as defined in section 2856 of title 10, United States Code) or a military child development center (as defined in section 1800 of such title). 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 2026 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. A Secretary of a military department may enter into one or more contracts, beginning in fiscal year 2026, for an advance purchase associated with military construction projects for which authorization to enter into a multiyear contracting contract is provided under subsection (a), which may include the purchase of economic order quantities of materials or components for such covered military unaccompanied housing or military child development centers when cost savings are achievable. A Secretary desiring to award a multiyear contract under this section shall— shall submit to the congressional defense committees a certification that the multiyear contract will result in cost savings of at least 10 percent compared to a similar one-year contract; and may not award such multiyear contract until the end of the 14-day period beginning on the date of submission of the certification described in subparagraph (A). Multiyear contracting authority under this section may only be used for military construction projects or covered military unaccompanied housing or military child development centers that— are included in the future-years defense program submitted for fiscal year 2026 under section 221 of title 10, United States Code; and use standardized and repeatable designs.
Section 873
2808. Guidance for military construction projects for innovation, research, development, test, and evaluation Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall issue written guidance on the implementation of section 2810 of title 10, United States Code. The guidance required by this section shall include, at minimum, the following: Procedures and criteria for the development and submission of project proposals pursuant to subsection (b) of section 2810 of title 10, United States Code. Definitions for roles and responsibilities for Department of Defense employees with respect to review, approval, and execution of projects carried out under the authority of such section 2810. Clarification on the use of the authority to carry out projects under such section 2810 may be coordinated with the use of authorities for such projects under sections 2803, 2805, and 4123 of title 10, United States Code. A process for internal review and validation of projects proposed to be carried out using the authority under section 2810 of title 10, United States Code, which shall include— assessments of how such proposed projects could be integrated across military departments; comprehensive time-phased milestone plans for such proposed projects with clearly defined dependencies; and explicit documentation of budget programming action decisions of the Secretary of the military department with jurisdiction over such project.
Section 874
2809. Authorize cost-plus incentive fee contracting for SIOP infrastructure 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 the Shipyard Infrastructure Optimization Program of the Department of Defense at each of the following locations: Norfolk Naval Shipyard, Virginia. Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility, Hawaii. Portsmouth Naval Shipyard, Maine. Puget Sound Naval Shipyard and Intermediate Maintenance Facility, Washington.
Section 875
2811. Improvements to Department of Defense Housing Requirements and Market Analysis Section 2837(d) of title 10, United States Code, is amended by inserting , Department of Defense civilian employee, and Department of Defense contractor employee before population. Section 2872 of such title is amended— by striking In addition to and inserting (a) In addition to; and by adding at the end the following new subsection: In the case of family housing units, the Secretary concerned may consider the need for housing for Department of Defense civilian employees and Department of Defense contractor employees when exercising any authority or combination of authorities under this chapter. The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in coordination with the Secretaries of the military departments, shall seek to enter into an agreement with an independent entity to conduct an evaluation by not later than September 30, 2026, of the suitability of land owned by the Department of Defense in the State of Hawaii for residential housing development for members of the Armed Services and the families of such members. Not later than 30 days after the date on which the evaluation under paragraph (1) is completed, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes the results of such evaluation. (b)In the case of family housing units, the Secretary concerned may consider the need for housing for Department of Defense civilian employees and Department of Defense contractor employees when exercising any authority or combination of authorities under this chapter..
Section 876
2812. Use of imitative substitute building materials for preservation of certain units of military housing under jurisdiction of the Department of Defense Subchapter II of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: Notwithstanding any provision of division A of subtitle III of title 54, United States Code, that requires review from or consultation with the head of any other Federal agency, the Secretary concerned may— authorize the use of imitative substitute building materials to maintain, repair, renovate, rehabilitate, or otherwise alter covered housing units located on a military installation under the jurisdiction of the Secretary; and defer the application of historic preservation requirements under chapter 3061 of such title on a covered housing unit until such covered housing unit is 100 years old, regardless of whether such covered housing unit is included on, or eligible for inclusion on, the National Register. In this section: The term covered housing unit means a Government-owned or privatized unit of family housing or military unaccompanied housing that— was constructed after 1962; and is under the jurisdiction of the Department of Defense The term imitative substitute building materials means modern, industry-standard, natural, composite, and synthetic materials that— simulate the appearance of building materials original to a covered housing unit; and are more cost effective than such building materials. The term National Register means the National Register of Historic Places maintained under chapter 3021 of title 54, United States Code. 2840.Use of imitative substitute building materials for covered housing units
(a)AuthorityNotwithstanding any provision of division A of subtitle III of title 54, United States Code, that requires review from or consultation with the head of any other Federal agency, the Secretary concerned may— (1)authorize the use of imitative substitute building materials to maintain, repair, renovate, rehabilitate, or otherwise alter covered housing units located on a military installation under the jurisdiction of the Secretary; and
(2)defer the application of historic preservation requirements under chapter 3061 of such title on a covered housing unit until such covered housing unit is 100 years old, regardless of whether such covered housing unit is included on, or eligible for inclusion on, the National Register. (b)DefinitionsIn this section:
(1)The term covered housing unit means a Government-owned or privatized unit of family housing or military unaccompanied housing that— (A)was constructed after 1962; and
(B)is under the jurisdiction of the Department of Defense (2)The term imitative substitute building materials means modern, industry-standard, natural, composite, and synthetic materials that—
(A)simulate the appearance of building materials original to a covered housing unit; and (B)are more cost effective than such building materials.
(3)The term National Register means the National Register of Historic Places maintained under chapter 3021 of title 54, United States Code. .
Section 877
2840. Use of imitative substitute building materials for covered housing units Notwithstanding any provision of division A of subtitle III of title 54, United States Code, that requires review from or consultation with the head of any other Federal agency, the Secretary concerned may— authorize the use of imitative substitute building materials to maintain, repair, renovate, rehabilitate, or otherwise alter covered housing units located on a military installation under the jurisdiction of the Secretary; and defer the application of historic preservation requirements under chapter 3061 of such title on a covered housing unit until such covered housing unit is 100 years old, regardless of whether such covered housing unit is included on, or eligible for inclusion on, the National Register. In this section: The term covered housing unit means a Government-owned or privatized unit of family housing or military unaccompanied housing that— was constructed after 1962; and is under the jurisdiction of the Department of Defense The term imitative substitute building materials means modern, industry-standard, natural, composite, and synthetic materials that— simulate the appearance of building materials original to a covered housing unit; and are more cost effective than such building materials. The term National Register means the National Register of Historic Places maintained under chapter 3021 of title 54, United States Code.
Section 878
2813. Modification of certain requirements with respect to closure of maintenance work orders for privatized military housing Section 2891(f) of title 10, United States Code, is amended— by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), repsectively; by inserting (1) before A landlord providing; by striking subparagraph (C) of paragraph (1) (as so redesignated) and inserting the following: except as provided in paragraph (2), by allowing the work order or maintenance ticket to be closed only after the landlord makes not fewer than three documented attempts to notify the resident of work completion through means that include— the resident Internet portal for the housing unit; text messaging; email; and telephone. by adding at the end the following new paragraph: If a resident does not respond to a landlord after three attempts of the landlord to notify the resident of work completion pursuant to paragraph (1)(C), the landlord may close the work order or maintenance ticket only if— the landlord submits to the head of the applicable housing management office notice that the landlord intends to close the work order or maintenance ticket; and the head of the applicable housing management office does not object, in writing, to the closure. (C)except as provided in paragraph (2), by allowing the work order or maintenance ticket to be closed only after the landlord makes not fewer than three documented attempts to notify the resident of work completion through means that include—
(i)the resident Internet portal for the housing unit; (ii)text messaging;
(iii)email; and (iv)telephone.; and (2)If a resident does not respond to a landlord after three attempts of the landlord to notify the resident of work completion pursuant to paragraph (1)(C), the landlord may close the work order or maintenance ticket only if—
(A)the landlord submits to the head of the applicable housing management office notice that the landlord intends to close the work order or maintenance ticket; and (B)the head of the applicable housing management office does not object, in writing, to the closure..
Section 879
2814. Inclusion of additional landlord financial information in certain annual report on privatized military housing Section 2891c(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraphs: Information with respect to each insurance policy maintained by the landlord for such housing units, including the— scope of coverage; deductible; policy limit; and total premium amount. The total amount of remedial payments made by the landlord to tenants of such housing units pursuant to a final decision under the dispute resolution process under section 2894 of this title. For each such remedial payment, a summary of the nature of the dispute underlying the final decision that required the remedial payment. (G)Information with respect to each insurance policy maintained by the landlord for such housing units, including the—
(i)scope of coverage; (ii)deductible;
(iii)policy limit; and (iv)total premium amount.
(H)The total amount of remedial payments made by the landlord to tenants of such housing units pursuant to a final decision under the dispute resolution process under section 2894 of this title. (I)For each such remedial payment, a summary of the nature of the dispute underlying the final decision that required the remedial payment. .
Section 880
2815. Continuation of certain reporting requirements with respect to privatized military housing Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 111 note) does not apply to the reports required to be submitted to Congress under subsection (b) and subsection (c) of section 2884 of title 10, United States Code. Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended by striking paragraph (52).
Section 881
2816. Pilot program for emerging mold remediation technologies Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program to assess and implement emerging mold monitoring and remediation technologies in military family housing. The Secretary shall select not fewer than three and not more than five military installations at which to carry out the pilot program established under subsection (a). The Secretary shall prioritize selection of military installations in regions with elevated climate-related risk factors for mold growth, such as persistent humidity, frequent rainfall, or outdated HVAC infrastructure. In carrying out the pilot program established under subsection (a), the Secretary shall— install moisture detection systems with advanced capabilities, including sensor-based humidity or spore monitoring technologies capable of generating early warnings for environmental risk conditions; implement noninvasive or technology-enabled mold remediation tools, such as antimicrobial coatings, dry fogging systems, or UV-based sterilization units; define infrastructure requirements, including upgrades to HVAC systems or building materials, necessary to support sustained mold prevention using the selected mold detection systems; train relevant personnel on the deployment, maintenance, and data interpretation of selected mold detection systems; designate an individual at each military installation selected under subsection (b) to oversee the implementation of the pilot program; and develop a strategic implementation and evaluation plan to assess performance of the selected mold detection systems and inform future decisions relating to such systems. Not later than 180 days after the termination date in subsection (e), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the pilot program, including recommendations for broader implementation and an assessment of costs and benefits. Upon completion of the implementation plan required under subsection (c)(6), the Secretary shall provide to the congressional defense committees a briefing on the plan and any preliminary findings. The authority to carry out the pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act. In this section, the term military family housing means housing provided under subchapter II of chapter 169 of title 10, United States Code.
Section 882
2817. Standardization of mold remediation guidelines across military departments Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall jointly develop and implement uniform guidelines for the remediation of mold in military housing, facilities, and other real property under jurisdiction of each such Secretary. The guidelines required under subsection (a) shall be consistent with— applicable municipal and State health and environmental standards; and third-party industry standards, including the standard of the Institute of Inspection Cleaning and Restoration Certification titled S520 Standard for Professional Mold Remediation, or any successor standard. The guidelines required under subsection (a) shall apply— to contracts or task orders for mold remediation entered into on or after the date of the issuance of such guidelines; and to mold remediation procedures conducted on or after such date of issuance. Not later than 180 days after date of the issuance of the guidelines under subsection (a), the Secretaries of the military departments shall jointly submit to the congressional defense committees a report that includes the guidelines and describes plans for implementation of the guidelines and monitoring compliance with the guidelines.
Section 883
2818. Inspections by qualified home inspector of privatized military housing Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a standardized inspection and audit program for privatized military housing that provides for such inspections and audits to be conducted by an independent qualified home inspector. Under the program established by subsection (a), a qualified home inspector shall annually inspect a statistically representative sample of privatized military housing units at each military installation with privatized military housing. Such inspection shall include, at a minimum— an evaluation of HVAC systems, plumbing, electrical systems, and structural integrity of the privatized military housing units; and an inspection for signs of water intrusion, visible and nonvisible mold, microbial contamination, and other indoor air quality concerns. Not later than February 1, 2026, the Secretary of Defense shall submit to the congressional defense committees a plan to implement the program established under subsection (a), including— contracting procedures for qualified home inspectors; inspection methodologies; protocols for reporting, remediation, and follow-up actions; and integration with existing oversight and compliance frameworks for privatized military housing. Not later than March 1, 2026, and annually thereafter until March 1, 2031, the Secretary of Defense shall submit to the congressional defense committees a report on the results of inspections conducted under this section during the preceding calendar year. The report shall include— findings and deficiencies identified; remediation timelines and actions taken; and recommendations for improving housing conditions and oversight. In this section: The term privatized military housing has the meaning given in section 3001(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2821 note). The term qualified home inspector means an individual who— possesses housing inspection credentials required by the State in which the inspection is performed; and is not an employee of, or in a fiduciary relationship with— the Federal Government; or any entity that owns or manages privatized military housing.
Section 884
2819. Plan to improve accuracy, integration, and interoperability of Department of Defense data with respect to real property, infrastructure, military unaccompanied housing The Secretary of Defense shall develop and implement a plan to— improve the accuracy, integration, and interoperability of data across system of a military department to track and maintain data with respect to real property, infrastructure, or military unaccompanied housing under the jurisdiction of a Secretary concerned; and enhance, across each military department, the tracking, management, and reporting of data with respect to— the condition of military unaccompanied housing; and the occupancy rates of military unaccompanied housing. Such plan shall include the following: A requirement for each Secretary of a military department to update, on an annual basis, the system of the appropriate military department— for real property planning to include— an accurate statement of deficits in the occupancy of military unaccompanied housing under the jurisdiction of the Secretary; a summary that aligns such deficits with unit stationing decisions of the Secretary; and a description of the effects of relevant changes in force structure; and to track and maintain data with respect to military unaccompanied housing to include— real-time occupancy data and room assignment records with respect to military unaccompanied housing under the jurisdiction of the Secretary; and a standardized automated process to track completion times of maintenance requests work orders with respect to such military unaccompanied housing. Standards to ensure, with respect to any system of a military department to assess the condition of infrastructure under the jurisdiction of a Secretary of a military department, that— data maintained by any such system is synchronized; and any such system integrates predictive maintenance tools to— forecast infrastructure deterioration; and prioritize repairs. Enhanced data validation protocols across all housing records of the Department of Defense to— eliminate discrepancies in such housing records; and ensure accuracy of reports that include data from such housing records. A requirement for each Secretary of a military department to audit, on a periodic basis, data with respect to real property, infrastructure, and military unaccompanied housing under the jurisdiction of the Secretary. Specific milestones to achieve full data synchronization across each system of a military department to track and maintain data with respect to military unaccompanied housing. Requirements, for each system described in subparagraph (E), with respect to system integration, user training, and compliance monitoring. A Department of Defense-wide verification framework to ensure accurate barracks occupancy reporting, which shall include— required physical inspections; automated reconciliation of unit personnel records with housing assignments; and mechanisms to prevent ghost occupancy. A Department of Defense-wide strategy for real-time data analytics to— optimize investments in military unaccompanied housing; improve facility lifecycle management; and enable predictive maintenance planning; A Department of Defense-wide governance policy for data with respect to military unaccompanied housing, that includes— enforceable protocols for data entry, frequency of updates, access controls, cybersecurity protections; and standardized reporting requirements. A requirement for each Secretary of a military department to implement a standardized system for members of the Armed Forces, including commanders of military installations to— report discrepancies in data maintained by the Secretary with respect to military unaccompanied housing; and submit to the Secretary concerned requests for improvements to the system of the appropriate military department to track and maintain data with respect to military unaccompanied housing. The Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives the plan required by subsection (a) by not later than September 30, 2026.
Section 885
2820. Radon testing of military housing owned or controlled by the Federal Government 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 identifying military housing owned or operated by the Federal Government that should be monitored for levels of radon at or above the action level established by the Environmental Protection Agency, including military housing located on military installations evaluated in the report dated April 30, 2020, titled Evaluation of the DoD’s Management of Health and Safety Hazards in Government-Owned and Government-Controlled Military Family Housing (DODIG–2020–082). Each Secretary of a military department shall establish procedures at military installations identified under subsection (a) under the jurisdiction of such Secretary for testing for radon in such housing that are consistent with current national consensus standards and are in compliance with applicable Federal regulations in order to ensure radon levels at such housing are below recommended levels established by the Environmental Protection Agency— by testing— at least one time every five years for military housing; or at least one time every two years for housing that is above recommended radon levels established by the Environmental Protection Agency until radon levels are reduced to at or below such levels; or through the installation of monitoring equipment in such housing. If, as a result of testing described in subsection (b), a unit of military housing owned or controlled by the Federal Government requires radon mitigation to ensure radon levels are below recommended levels established by the Environmental Protection Agency, the head of the military installation on which such military housing is located shall submit to the Secretary of the military department concerned, not later than seven days after the determination of the need for radon mitigation, a mitigation plan for the housing unit.
Section 886
2820A. Annual report on military families on housing waitlists Subchapter II of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: Not later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes— installation-specific data on the number of members of the Armed Forces and their dependents on military housing waitlists; an identification of the time spent by each such member and their dependents awaiting appropriate housing accommodations; the types of military families comprising such waitlists; the types of military housing such families are requesting; an analysis how such waitlists vary across military installation an analysis of the factors that are creating the need for such waitlists; and an assessment of the causes of waitlist durations that exceed ten days; any other matters the Secretary determines appropriate to convey the status of military housing as of the date of the submission of the report. 2840.Annual report on military family housing waitlistsNot later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
(1)installation-specific data on the number of members of the Armed Forces and their dependents on military housing waitlists; (2)an identification of the time spent by each such member and their dependents awaiting appropriate housing accommodations;
(3)the types of military families comprising such waitlists; (4)the types of military housing such families are requesting;
(5)an analysis how such waitlists vary across military installation (6)an analysis of the factors that are creating the need for such waitlists; and
(7)an assessment of the causes of waitlist durations that exceed ten days; (8)any other matters the Secretary determines appropriate to convey the status of military housing as of the date of the submission of the report..
Section 887
2840. Annual report on military family housing waitlists Not later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes— installation-specific data on the number of members of the Armed Forces and their dependents on military housing waitlists; an identification of the time spent by each such member and their dependents awaiting appropriate housing accommodations; the types of military families comprising such waitlists; the types of military housing such families are requesting; an analysis how such waitlists vary across military installation an analysis of the factors that are creating the need for such waitlists; and an assessment of the causes of waitlist durations that exceed ten days; any other matters the Secretary determines appropriate to convey the status of military housing as of the date of the submission of the report.
Section 888
2820B. Implementation of Comptroller General recommendations relating to critical military housing supply and affordability Not later than one year after the date of the enactment of this Act, and except as provided in subsection (c), the Secretary of Defense shall implement each recommendation of the Comptroller General of the United States contained in the report dated October 30, 2024, and entitled, Military Housing: DOD Should Address Critical Supply and Affordability Challenges for Service Members (GAO–25–106208), as those recommendations are modified under subsection (b). In carrying out the requirements under subsection (a), the Secretary of Defense shall implement the recommendations specified under such subsection as follows: The Secretary shall— perform a structured analysis to develop a comprehensive list of housing areas in which members of the Armed Forces and their families may face the most critical challenges in finding and affording private sector housing in the community; in conducting the analysis under subparagraph (A), consider the unique characteristics of a location, such as vacation rental areas; and regularly update the list required under subparagraph (A) not less frequently than once every two years. The Secretary shall obtain and use feedback on the financial and quality-of-life effects of limited supply or unaffordable housing on members of the Armed Forces, through the status of forces survey and other service or installation-specific feedback mechanisms. The Secretary shall, in coordination with the Secretary of each military department— develop a plan for how the Department of Defense can respond to and address the financial and quality-of-life effects in housing areas identified under paragraph (1); and in developing the plan under subparagraph (A), examine strategies for increasing housing supply or providing alternative compensation to offset the effects of limited supply or unaffordable housing in housing areas identified under paragraph (1). The Secretary shall clarify, through the issuance of guidance to the military departments, the role of the Office of the Secretary of Defense in oversight of the Housing Requirements and Market Analysis process of the military departments to ensure that— the military departments conduct such process in a timely manner; and the Secretary submits to Congress any plans or other matters relating to such process for each fiscal year as required by existing law. The Secretary shall ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment provides updated guidance to the military departments on how installations of the Department of Defense should coordinate with local communities, including by clearly defining the roles and responsibilities of commanders and military housing offices of such installations in addressing housing needs. If the Secretary of Defense elects not to implement a recommendation specified under subsection (a), as modified under subsection (b), the Secretary shall, not later than one year after the date of the enactment of this Act, submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes a justification for such election.
Section 889
2821. Modification to assistance for public infrastructure projects and services Section 2391(b)(5)(B)(iv) of title 10, United States Code, is amended— by inserting (including health care, housing, and defense critical infrastructure projects and services) after projects and services; and by striking the defense industrial base and the defense industrial base workers, if the Secretary determines such support will improve operations of the Department of Defense and inserting the defense industrial base, defense industrial base workers, and military installations.
Section 890
2822. Modification of requirement with respect to minimum capital investment for facilities sustainment, restoration, and modernization for military departments Section 2680 of title 10, United States Code, is amended— in subsection (b)— in the heading, by inserting ; treatment of certain amounts after Exclusion; by inserting (1) before In making; and by adding at the end the following new paragraph: During the period the requirement under subsection (a) is effective, each Secretary of a military department may treat amounts appropriated for military construction used for the recapitalization of existing facilities under the jurisdiction of the Secretary during a given fiscal year as part of the total amount required to be invested under subsection (a)(2) in the budget of the military department for facilities sustainment, restoration, and modernization, except that such military construction funds may not comprise more than 20 percent of such total amount for such fiscal year. by striking subsection (e) and inserting the following: In this section: The term covered facility means a facility (as defined in section 2801 of this title), except that such term does not include— a facility identified as closed, disposed of, or scheduled for divestment from the inventory of the Department of Defense; a facility in which the Department does not have a total ownership interest, including— a facility leased by the Department; a facility in which the Department has a lesser property interest under a governing legal instrument; and housing constructed or acquired under subchapter IV of chapter 169 of this title; or a facility for which the Department uses— nonappropriated funds; or amounts appropriated or otherwise made available for military family housing. The term plant replacement value means, with respect to a covered facility, the cost to replace the covered facility using amounts appropriated for facilities sustainment, restoration, and modernization from the following accounts: Operation and maintenance. Military construction. Research, development, test, and evaluation. Working capital funds. (2)During the period the requirement under subsection (a) is effective, each Secretary of a military department may treat amounts appropriated for military construction used for the recapitalization of existing facilities under the jurisdiction of the Secretary during a given fiscal year as part of the total amount required to be invested under subsection (a)(2) in the budget of the military department for facilities sustainment, restoration, and modernization, except that such military construction funds may not comprise more than 20 percent of such total amount for such fiscal year.; and (e)DefinitionsIn this section:
(1)The term covered facility means a facility (as defined in section 2801 of this title), except that such term does not include— (A) a facility identified as closed, disposed of, or scheduled for divestment from the inventory of the Department of Defense;
(B)a facility in which the Department does not have a total ownership interest, including— (i)a facility leased by the Department;
(ii)a facility in which the Department has a lesser property interest under a governing legal instrument; and (iii)housing constructed or acquired under subchapter IV of chapter 169 of this title; or
(C)a facility for which the Department uses— (i)nonappropriated funds; or
(ii)amounts appropriated or otherwise made available for military family housing. (2)The term plant replacement value means, with respect to a covered facility, the cost to replace the covered facility using amounts appropriated for facilities sustainment, restoration, and modernization from the following accounts:
(A)Operation and maintenance. (B)Military construction.
(C)Research, development, test, and evaluation. (D)Working capital funds..
Section 891
2823. Extension of authority to carry out Department of Defense pilot program for use of cost savings realized Section 2679(e)(4) of title 10, United States Code, is amended by striking September 30, 2025 and inserting September 30, 2030.
Section 892
2824. Department of Defense intergovernmental support agreements for ordnance disposal Section 2679(f)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: The term does include ordnance disposal..
Section 893
2825. Authorities available for Energy Resilience and Conservation Investment program projects on privatized utility systems Section 2688 of title 10, United States Code, is amended— by striking of a military department each place it appears and inserting concerned; in subsection (h), by adding at the end the following new sentence: The Secretary concerned may make such a contribution pursuant to any procurement authority available to such Secretary, including the authority to modify an existing services contract with the entity to which the utility system, or a military construction contract if such contribution is in an amount equal to the total cost of the project.; and in subsection (k)— by striking to carry out a military construction project; and by adding at the end the following new paragraph: The Secretary of Defense or the Secretary concerned may enter into a contract under paragraph (1) pursuant to any procurement authority available to the Secretary, including the authority to modify an existing services contract with the conveyee of the utility system, or a military construction contract, if the total proposed cost of such contract or modification is included in the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year. (3)The Secretary of Defense or the Secretary concerned may enter into a contract under paragraph (1) pursuant to any procurement authority available to the Secretary, including the authority to modify an existing services contract with the conveyee of the utility system, or a military construction contract, if the total proposed cost of such contract or modification is included in the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year..
Section 894
2826. Repeal of construction requirements related to antiterrorism and force protection or urban-training operations Section 2859 of title 10, United States Code, is repealed. Section 2864 of such title is amended— by striking subsection (e); and by redesignating subsection (f) as subsection (e).
Section 895
2827. Repeal of pilot program authorizing overhead cost reimbursements from major range and test facility base users at certain Department of the Air Force installations Section 2862 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 9771 note prec) is repealed.
Section 896
2828. Department of Defense procedures with respect to planning coordination for grid resiliency on military installations Section 2920(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs: The Secretary shall establish internal processes to support coordination with external regulatory and planning entities involved in grid reliability, transmission infrastructure, and long-term energy planning, in order to assess and mitigate risks to defense-critical installations, advance the energy security objectives of the Department, and comply with statutory mandates under this section. Coordination under paragraph (5)— shall include identification of mission-critical loads and infrastructure dependencies and load profiles at or near military installations; and may include consultation with relevant Federal and non-Federal entities. (5)The Secretary shall establish internal processes to support coordination with external regulatory and planning entities involved in grid reliability, transmission infrastructure, and long-term energy planning, in order to assess and mitigate risks to defense-critical installations, advance the energy security objectives of the Department, and comply with statutory mandates under this section.
(6)Coordination under paragraph (5)— (A)shall include identification of mission-critical loads and infrastructure dependencies and load profiles at or near military installations; and
(B)may include consultation with relevant Federal and non-Federal entities..
Section 897
2829. Master plans for Service Academies Each Secretary of a military department shall develop a master plan for each Service Academy under the jurisdiction of the Secretary to comprehensively address infrastructure requirements of such Service Academy. Each master plan shall include the following: Consideration of the requirements of subparagraphs (A) through (D) of section 2864(a)(2) of title 10, United States Code. For the Service Academy that is the subject of a master plan— a list of infrastructure located at the Service Academy that is in poor or failing condition on or before the date described in subsection (c); a plan for replacing, recapitalizing, or renovating such infrastructure not later than five years after such date; and a list of infrastructure located at the Service Academy that— is listed on the National Register of Historic Places (maintained under chapter 3021 of title 54, United States Code) on or before the date described in subsection (b); or will be eligible inclusion on the National Register of Historic Places not later than five years after the date of the enactment of this Act. An assessment of risks posed by disruptions in energy availability, risks posed by extreme weather (as defined in section 101 of title 10 United States Code), cybersecurity risks, and risks related to availability of clean water applicable to the Service Academy that is the subject of a master plan. Each master plan required under subsection (a) shall propose a method to address the requirements of paragraphs (1) and (3) of such subsection not later than five years after the date described in subsection (c). Each master plan required under subsection (a) shall be completed no later than September 30, 2027. Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the timeline for the completion of the master plans required under subsection (a). Not later than 30 days after the date on which a Secretary of a military department completes a master plan required under subsection (a) or December 1, 2027, whichever is earlier, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a copy of the master plan. In this section, the term Service Academy has the meaning given in section 347 of title 10, United States Code.
Section 898
2830. Review of Unified Facilities Criteria applicable to military construction projects; report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, shall conduct a comprehensive review of all Unified Facilities Criteria applicable to military construction projects that the Secretary determines— contribute to the extent to which military construction projects incur greater costs than substantially similar commercial construction projects; are outdated, redundant, or unnecessarily burdensome; or could be consolidated or eliminated to improve the efficiency of military construction projects. In conducting such review, the Secretary of Defense shall— consider the unique operational requirements and security considerations of the Department of Defense; and ensure any revisions to the Unified Facilities Criteria the Secretary recommends pursuant to such review would maintain the mission readiness and force protection standards of the Department. Pursuant to such review, the Secretary shall— identify criteria in the Unified Facilities Criteria that the Secretary determines— contribute disproportionately to cost premiums for military construction projects, particularly such standards that are not commonly required in substantially similar commercial construction projects; or neither reflect relevant industry standards as of the date of the enactment of this Act nor Department of Defense-specific needs that are not addressed in relevant State codes; analyze whether such criteria are mandated by law, regulation, or internal policy, and the origin of such criteria; evaluate whether— such criteria could be modified or eliminated without compromising safety and mission readiness; and standards for substantially similar commercial construction projects could be substituted for such criteria to improve cost-effectiveness and efficiency of military construction projects. Not 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 findings of the review required under subsection (a) that includes the following: A list of criteria in the Unified Facilities Criteria the Secretary— determines contributes to the extent to which military construction projects incur greater costs than substantially similar commercial construction projects; and recommends for revision, replacement, or recision pursuant to such review. For each such criteria, an explanation of the reasons for the recommendation of the Secretary. An explanation of the anticipated cost savings and performance implications the Secretary estimates would result from each recommended revision, replacement, or recision. A plan and timeline for implementation of each recommended revision, replacement, or recision. Policy or legislative recommendations the Secretary determines are necessary to support such implementations. An explanation of how the Secretary will ensure that critical defense-specific standards will be preserved during any revisions, replacements, or recisions implemented pursuant to the review. In this section, the term military construction project has the meaning given such term in section 2801 of title 10, United States Code.
Section 899
2831. Annual report on cost premium for construction of certain facilities Not later than March 1, 2026, and annually thereafter for five years, the Secretary of Defense shall submit to the congressional defense committees a report that includes a detailed quantitative and qualitative assessment of the cost premium for construction of facilities selected under subsection (b). The Secretary shall select not more than five facilities to include in the report required under subsection (a), which may include the following: A unit of covered military unaccompanied housing (as defined in section 2856 of title 10, United States Code). A military child development center (as defined in section 1800 of such title). An administrative facility located on a military installation. Military family housing. Military aircraft hangars and runways. Physical fitness centers located on military installations. Each report required under subsection (a) shall include the following: The cost premium, expressed as a percentage, for the facilities selected under subsection (b). A detailed assessment of the factors contributing to cost premium, including— compliance with the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) and any other design requirements specific to military construction projects; compliance with UFC 4–010–01 titled DoD Minimum Antiterrorism Standards for Buildings; prevailing wage and labor requirements; Federal procurement requirements contained in the Federal Acquisition Regulation and the Department of Defense Supplement to the Federal Acquisition Regulation; security requirements relating to access to military installations; and requirements relating to sustainability and energy efficiency. Each report required under subsection (a) shall include recommendations for the following: Proposed statutory, regulatory, or policy reforms to reduce the cost premium for military construction without compromising mission needs. Best practices from the private sector and State or local government construction projects that could improve cost efficiency for military construction projects. Alternative construction methodologies and procurement strategies that could mitigate the cost premium for military construction. In this section, the term cost premium, with respect to a facility, means the difference between— the cost to construct a new facility carried out by the Secretary of Defense; and the estimated cost to construct a similar facility carried out by a private entity, as adjusted for size, geographic location, and function of such facility.
Section 900
2832. Historical marker commemorating effects of radiation exposure at Holloman Air Force Base and White Sands Missile Range The Secretary of the Air Force shall place a historical marker as described in subsection (b) in a publicly accessible location at the Holloman Air Force Base. The Secretary of the Army shall place a historical marker as described in subsection (b) in a publicly accessible location at the White Sands Missile Range. A historical marker described in subsection (a) shall commemorate the effects of radiation exposure on communities in New Mexico as a result of the Manhattan Project and the nuclear test conducted at the Trinity Site. Such historical marker shall include, at a minimum, the following: An unclassified description of the history of the Manhattan Project and its purpose, including a description of the nuclear test conducted at the Trinity Site. A description of how the classified nature of the Manhattan Project and the nuclear test conducted at the Trinity Site led to the unknowing exposure of individuals in communities located downwind from such testing to radiological byproducts and associated consequences of such byproducts. Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force and Secretary of the Army shall jointly provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the implementation of the requirements of this section. In this section: The term Manhattan Project means the Federal military program to develop an atomic bomb ending on December 31, 1946. The term Trinity Site means the location in the Jornada del Muerto desert near Alamogordo, New Mexico, where a nuclear weapon was detonated on July 16, 1945.
Section 901
2833. Name of Department of the Army military installation, Augusta, Georgia The military installation under the jurisdiction of the Department of the Army located in Augusta, Georgia, shall after the date of the enactment of this Act be known and designated as Fort Shugart Gordon. Any reference to such military installation in any law, regulation, map, document, record, or other paper of the United States shall be considered a reference to Fort Shugart Gordon.
Section 902
2834. Name of the Department of the Army military installation located in Muscogee County and Chattahoochee County, Georgia The military installation under the jurisdiction of the Department of the Army located in Muscogee County and Chattahoochee County, Georgia, shall on and after the date of the enactment of this Act be known and designated as Fort Moore, in commemoration of Lieutenant General Harold G. Moore, Jr., United States Army, and Mrs. Julia Compton Moore. Any reference to such military installation in any law, regulation, map, document, record, or other paper of the United States shall be considered a reference to Fort Moore.
Section 903
2835. Access to Military Installations for Certain Surviving Gold Star Family Members of the Armed Forces The Secretary of Defense, acting jointly with the Secretary of the department in which the Coast Guard is operating when it is not operating as a Service in the Navy, shall establish procedures by which any eligible Surviving Gold Star Family Member of a covered member of the Armed Forces may obtain unescorted access, as appropriate, to military installations, including commissary and exchange stores, notwithstanding the purpose of such access. Any procedures established under this section shall— be applied consistently across the Department of Defense and the Secretary of the department in which the Coast Guard is operating when it is not operating as a Service in the Navy, including all components of the Departments; minimize any administrative burden on a Surviving Gold Star Family Member; take into account measures required to ensure the security of military installations, including eligibility for access, renewal periodicity, and installation commander discretion to temporarily limit access only as necessary; and take into account such other factors as the Secretary of Defense or the Secretary of the department in which the Coast Guard is operating when it is not operating as a Service in the Navy considers appropriate. The procedures required by subsection (a) shall be established by the date that is not later than 180 days after the date of the enactment of this Act. In this section: The term eligible Surviving Gold Star Family Member means an individual who is a widow or widower, unmarried partner, parent, grandparent, child, stepchild, child through adoption, brother, half-brother, sister, half-sister, or stepsibling of a covered member of the Armed Forces, or other family member as the Secretary considers appropriate. The term covered member of the Armed Forces means a member of the Armed Forces who dies while serving— on active duty; or on such reserve or National Guard duty as the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating when it is not operating as a Service in the Navy may jointly specify for purposes of this section.
Section 904
2836. Department of Defense report on housing policy in Guam The Secretary of Defense, in consultation with the Secretary of Housing and Urban Development, shall, not later than March 1, 2026, submit to Congress a report that identifies the long term economic impacts of Department of Defense housing policy in Guam. Such report may include— an identification of the impact of Department of Defense policies on the cost of new home construction in Guam; the cost to purchase or rent a home in Guam; the possibility of excess Department of Defense housing affecting housing markets in Guam; the relative purchasing power within housing markets of Department of Defense personnel as compared to other Guam residents; and such other matters as determined relevant by the Secretary.
Section 905
2837. Clarification of land conveyance, Fort Hood, Texas Section 2848(a) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2140) is amended— by striking the sole purpose and inserting the purpose; and by striking an upper level (junior, senior, and graduate) university and inserting a university, which may include other activities that benefit the community,.
Section 906
2838. Report on improving Tribal access to defense infrastructure programs Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Office of Local Defense Community Cooperation, shall submit a report to the congressional defense committees that— assesses barriers to Tribal participation in the Defense Community Infrastructure Program and related initiatives; provides an overview of infrastructure needs in defense-adjacent Tribal communities; analyzes statutory and regulatory limitations to Tribal eligibility under section 2391 of title 10, United States Code; and recommends legislative or programmatic changes to improve Tribal access, including possible amendments to existing law or the establishment of complementary programs.
Section 907
2839. Prohibition on the use of single-sex facilities on military installations that do not correspond to the sex of an individual Notwithstanding any other provision of law, no person may, except as provided in subsection (b) or subsection (c), access or use a single-sex facility on a military installation that does not correspond to the sex of such person. The prohibition in subsection (a) shall not apply with respect to— emergency medical personnel responding to a medical emergency; or law enforcement officers in active pursuit of a suspect, or as part of an active investigation. The Secretary of Defense may, on a case-by-case basis, waive the prohibition in subsection (a) if the Secretary determines the waiver is necessary to advance the national security interests of the United States. In this section: The term female means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. The term male means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. The term military installation has the meaning given such term in section 2801 of title 10, United States Code. The term single-sex facility means a space intended for the use of one biological sex (male or female), including a— restroom; locker room; or changing room. The term sex means the biological determination as to whether an individual is male or female.
Section 908
2841. 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 five years and inserting 10 years.
Section 909
2842. Land conveyance, Former Curtis Bay Depot, Maryland The Administrator of General Services, in consultation with the Director of the Defense Logistics Agency may convey to the Maryland Economic Development Corporation (in this section, referred to as MEDCO), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 435.00 acres at 710 Ordnance Road, the former Curtis Bay Depot for the purpose of economic development. In carrying out the conveyance under this subsection, the Administrator shall consult with the Secretary of Homeland Security with respect to matters concerning the equities of the Coast Guard in areas in proximity to such parcel of real property. As consideration for the conveyance under subsection (a), MEDCO shall provide an amount that is equivalent to the fair market value to the Federal Buildings Fund for the right, title, and interest conveyed under such subsection, based on an appraisal approved by the Administrator. The consideration under this subsection may be provided by cash payment, in-kind regulatory closure, or a combination thereof, at such time as the Administrator may require. The Administrator may require MEDCO to cover all costs (except costs for environmental remediation of the property) to be incurred by the Administrator, or to reimburse the Administrator for costs incurred by the Administrator, to carry out the conveyance under this section, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from MEDCO in advance of the Administrator incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Administrator to carry out the conveyance, the Administrator shall refund the excess amount to MEDCO. Amounts received under paragraph (1) as reimbursement for costs incurred by the Administrator to carry out the conveyance under subsection (a) shall remain available until expended. The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Administrator. The conveyance under this section shall be subject to the following: The Administrator may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Administrator considers appropriate to protect the interests of the United States. MEDCO shall execute a purchase and sale agreement within one year of enactment of this legislation. The conveyance will be on an as-is, where-is basis via quitclaim deed subject to an access easement to the U. S. Army Reserve Facility along the shoreline of Curtis Bay. The conveyance will be in compliance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (42 U.S.C. 9620(h)). To the maximum extent possible, the Federal Government shall incorporate land use controls to satisfy CERCLA requirements for the purpose of expediting disposition and subsequent redevelopment.
Section 910
2843. Land conveyance, Sigsbee Park Annex, Naval Air Station, Key West, Florida The Secretary of the Navy (in this section referred to as the Secretary) may convey some or all right, title and interest of the United States in and to the parcels of real property via sale or lease, consisting of approximately 19 acres and improvements thereon, located at Naval Air Station Key West Sigsbee Park area, that are former sites of military family housing supporting military personnel assigned to the Naval Air Station Key West. The Secretary shall use competitive procedures for any land conveyance authorized by subsection (a). The Secretary shall require as consideration for any conveyance under subsection (a), tendered by cash payment or in-kind consideration, an amount equal to no less than the fair market value, as determined by the Secretary, of the real property and any improvements thereon. The exact acreage and legal description of the parcel(s) to be conveyed under subsection (a) shall be determined by a survey that is satisfactory to the Secretary. The cost of the survey shall be borne by the recipient of the parcels. 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. Any conveyance of property under this section shall not be subject to sections 2696 of title 10 and 11411 of title 42, United States Code. The acquisition of a facility, construction of a facility, or improvements to an existing facility using the authority provided by subparagraph (c)(2)(A) or (c)(3) shall not be treated as a military construction project for which an authorization is required by section 2802 of title 10, United States Code. The term ancillary supporting facilities, housing unit, and military unaccompanied housing have the meanings given such terms in section 2871 of title 10, United States Code. The term military housing area means a military housing area, as such term is used in section 403 of title 37, United States Code.
Section 911
2851. Deadline for congressional notification of decisions to carry out certain unspecified minor military construction projects Section 2805(b)(2) of title 10, United States Code, is amended— by striking shall notify and inserting shall submit, in an electronic medium pursuant to section 480 of this title, to; by inserting a notification after appropriate committees of Congress; and by striking , of the justification and all that follows through of this title. and inserting by not later than 90 days after the date on which the Secretary concerned obligates funds for the project. Such notification shall include, with respect to the project, a description, a justification, and an estimation of the total cost to the United States..
Section 912
2852. Modification to unspecified minor military construction authority for laboratory revitalization projects Section 2805 of title 10, United States Code, is amended— in paragraph (2) of subsection (b), by striking $4,000,000 and inserting $6,000,000; in subsection (d)— by striking $9,000,000 each place it appears and inserting $20,000,000; in paragraph (3), by inserting and that costs more than the amount specified in subsection (b)(2) after to which this subsection applies; by redesignating paragraph (4) as paragraph (6); and by inserting after paragraph (3) the following new paragraphs: The Secretary concerned shall review, on an annual basis, the thresholds for funding specified in this section to determine whether such thresholds should be increased. In making a determination under subparagraph (A), the Secretary of concerned shall consider the UFC 3-701-01 DoD Facilities Pricing Guide. If the Secretary concerned makes a decision to increase a threshold for funding specified in this section, the Secretary concerned shall notify the appropriate committees of Congress of such decision and the facts concerning the increase to such threshold. Such increase may take effect only after the end of the 14-day period beginning on the date the notification is received by such appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. by striking subsection (f) and inserting the following: During the period beginning on the date of the enactment of the Military Construction Act for Fiscal Year 2026 and ending on September 30, 2028, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $30,000,000 as the result of any adjustment made under this subsection. (4)
(A)The Secretary concerned shall review, on an annual basis, the thresholds for funding specified in this section to determine whether such thresholds should be increased. (B)In making a determination under subparagraph (A), the Secretary of concerned shall consider the UFC 3-701-01 DoD Facilities Pricing Guide.
(5)If the Secretary concerned makes a decision to increase a threshold for funding specified in this section, the Secretary concerned shall notify the appropriate committees of Congress of such decision and the facts concerning the increase to such threshold. Such increase may take effect only after the end of the 14-day period beginning on the date the notification is received by such appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. ; and (f)Adjustment of dollar limitations for locationDuring the period beginning on the date of the enactment of the Military Construction Act for Fiscal Year 2026 and ending on September 30, 2028, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $30,000,000 as the result of any adjustment made under this subsection..
Section 913
2853. Modification of authority for Indo-Pacific posture unspecified minor military construction projects Section 2810(a) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2805 note) is amended by striking $30,000,000 and inserting $50,000,000.
Section 914
2854. Amendments to defense laboratory modernization program Section 2805(g)(5) of title 10, United States Code, is amended by striking $150,000,000 and inserting $300,000,000.
Section 915
2855. Transfer of defense laboratory modernization program authority to provision of law with respect to military construction projects for research, test, development, and evaluation Subsection (g) of section 2805 of title 10, United States Code (as amended by section 2854), is— transferred to the end of section 2810 of such title; and redesignated as subsection (f) of such section.
Section 916
2856. Authority of a Secretary concerned to carry out certain unspecified minor military construction projects Section 2815(a) of title 10, United States Code, is amended— by inserting , including unspecified minor military construction projects not otherwise authorized by law, after military construction projects; and by striking in accordance with and all that follows through the end of the subsection and inserting the following: in accordance with— section 2802 of this title (except as provided in subsection (e)); or section 2805 of this title. in accordance with—
(1)section 2802 of this title (except as provided in subsection (e)); or (2)section 2805 of this title..
Section 917
2857. Department of Defense pilot program for additive manufacturing technologies in military construction projects Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2805 the following new section (and conforming the table of contents at the beginning of such chapter accordingly): The Secretary of Defense, acting through the Secretaries of the military departments, may establish a pilot program to, in accordance with section 2805 of this title, carry out unspecified minor military construction projects using additive manufacturing technology. The Secretary of Defense shall designate an individual to be responsible for administering the pilot program under this section. Such individual shall establish guidelines and procedures with respect to carrying out unspecified minor military construction projects using additive manufacturing technology pursuant to the pilot program. In developing such guidance and procedures, such individual shall consult with— the Commander of the Naval Facilities Engineering Systems Command, with respect to matters concerning the Department of the Navy; and the Commanding General of the Army Corps of Engineers, with respect to matters concerning the Department of the Army. With respect to military construction projects under the jurisdiction of the Department of the Navy carried out pursuant to the pilot program under this section, the Commander of the Naval Facilities Engineering Systems Command shall develop and issue guidance for documenting after-action reviews and validating lessons learned from such military construction projects. With respect to military construction projects under the jurisdiction of the Department of the Army carried out pursuant to the pilot program under this section, the Commanding General of the Army Corps of Engineers shall develop and issue guidance for documenting after-action reviews and validating lessons learned from such military construction projects. The authority of the Secretary of Defense to carry out the pilot program under this section shall terminate on the date that this ten years after the date of the enactment of this section. The Secretary of Defense, in coordination with the Secretaries of the military departments, shall revise provisions of the Unified Facilities Criteria applicable to the planning and design of military construction projects to ensure that building practices and standards of the Department of Defense incorporate up-to-date additive manufacturing technologies. Not later than February 1, 2026, the Secretary of Defense shall submit to the appropriate congressional committees a report that includes a description of revisions made to the Unified Facilities Criteria pursuant to paragraph (1). In this subsection, the term appropriate congressional committees means— the Committees on Armed Services of the House of Representatives and the Senate; and the Subcommittees on Military Construction, Veterans Affairs, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate. 2805a.Pilot program for use of additive manufacturing technologies in unspecified minor construction projects (a)EstablishmentThe Secretary of Defense, acting through the Secretaries of the military departments, may establish a pilot program to, in accordance with section 2805 of this title, carry out unspecified minor military construction projects using additive manufacturing technology.
(b)Designation of official
(1)The Secretary of Defense shall designate an individual to be responsible for administering the pilot program under this section. Such individual shall establish guidelines and procedures with respect to carrying out unspecified minor military construction projects using additive manufacturing technology pursuant to the pilot program. (2)In developing such guidance and procedures, such individual shall consult with—
(A)the Commander of the Naval Facilities Engineering Systems Command, with respect to matters concerning the Department of the Navy; and (B)the Commanding General of the Army Corps of Engineers, with respect to matters concerning the Department of the Army.
(c)After-action reviews
(1)With respect to military construction projects under the jurisdiction of the Department of the Navy carried out pursuant to the pilot program under this section, the Commander of the Naval Facilities Engineering Systems Command shall develop and issue guidance for documenting after-action reviews and validating lessons learned from such military construction projects. (2)With respect to military construction projects under the jurisdiction of the Department of the Army carried out pursuant to the pilot program under this section, the Commanding General of the Army Corps of Engineers shall develop and issue guidance for documenting after-action reviews and validating lessons learned from such military construction projects.
(d)Termination dateThe authority of the Secretary of Defense to carry out the pilot program under this section shall terminate on the date that this ten years after the date of the enactment of this section..
Section 918
2805a. Pilot program for use of additive manufacturing technologies in unspecified minor construction projects The Secretary of Defense, acting through the Secretaries of the military departments, may establish a pilot program to, in accordance with section 2805 of this title, carry out unspecified minor military construction projects using additive manufacturing technology. The Secretary of Defense shall designate an individual to be responsible for administering the pilot program under this section. Such individual shall establish guidelines and procedures with respect to carrying out unspecified minor military construction projects using additive manufacturing technology pursuant to the pilot program. In developing such guidance and procedures, such individual shall consult with— the Commander of the Naval Facilities Engineering Systems Command, with respect to matters concerning the Department of the Navy; and the Commanding General of the Army Corps of Engineers, with respect to matters concerning the Department of the Army. With respect to military construction projects under the jurisdiction of the Department of the Navy carried out pursuant to the pilot program under this section, the Commander of the Naval Facilities Engineering Systems Command shall develop and issue guidance for documenting after-action reviews and validating lessons learned from such military construction projects. With respect to military construction projects under the jurisdiction of the Department of the Army carried out pursuant to the pilot program under this section, the Commanding General of the Army Corps of Engineers shall develop and issue guidance for documenting after-action reviews and validating lessons learned from such military construction projects. The authority of the Secretary of Defense to carry out the pilot program under this section shall terminate on the date that this ten years after the date of the enactment of this section.
Section 919
2858. Establishment of strategic spaceport program 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 that includes— an assessment of the feasibility and advisability of incorporating additional Federal, commercial, or State-operated spaceports into the national security launch infrastructure of the Deparmtent of Defense; a review of the infrastructure, range support, airspace access, and ability of each site to meet national security launch requirements; identification of other coastal locations throughout the continental United States that would be suitable for development to expand national security launch infrastructure; a review of Federal authorities, policies, and statutes that inhibit expansion of launch infrastructure at existing launch sites of the Department; and a framework to assess and prioritize surge launch infrastructure expansion options. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees recommendations for the creation of a strategic spaceport program that includes— investments required to create or expand the necessary vertical launch infrastructure to support national security and combatant command requirements; innovative means to expand partnerships with State or local authorities to accelerate launch capacity expansion; changes to authorities, policy or statute required to foster the expansion of vertical launch infrastructure within the United States and improve efficiency of all existing spaceport operations, including deconfliction of spectrum and airspace use; and a framework to designate strategic spaceports and integrate such spaceports into Department of Defense operational, mobility, and joint force deployment planning. The Secretary shall ensure that the strategic spaceport program— builds upon but does not duplicate ongoing efforts under the Spaceport of the Future initiative; and leverages existing infrastructure.
Section 920
2861. Modification to definition of military installation resilience Section 101(f)(8) of title 10, United States Code, is amended— by striking or from before anticipated or unanticipated changes in environmental conditions; and by inserting , energy or water disruptions, or human-induced hazards with respect to the environment before , that do.
Section 921
2862. Requirements relating to funds for construction and improvement of commissary store facilities Section 2685 of title 10, United States Code, is amended by adding at the end the following: Nothing in this section shall be construed to prohibit the Secretary of Defense from using proceeds from commissary store sales or appropriated funds to acquire, lease, construct, convert, expand, improve, repair, maintain, or equip the physical infrastructure of commissary stores and central product processing facilities of the defense commissary system. Annually and not later than ten 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, United States Code, the Director of the Defense Commissary Agency shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Committees on Armed Services of the Senate and the House of Representatives a report on unfunded priorities of the Department of Defense related to commissary facilities. Each report under paragraph (1) shall include, for each unfunded priority covered by such report, the following: A summary description of such priority, including the objectives to be achieved if such priority were to be funded in whole or in part. The additional amount of funds recommended in connection with the objectives identified under subparagraph (A). Account information with respect to such priority. The Director of the Defense Commissary Agency shall ensure that the unfunded priorities covered by a report under paragraph (1) are listed in the order of urgency, as determined by the Director. In this subsection, the term unfunded priority, with respect to a fiscal year, means an activity related to commissary facilities that— is not funded in the budget of the President for that fiscal year; is necessary to address commissary facilities safety, capacity, usability, and reliability needs; and would have been recommended for funding through such budget if additional resources had been available. (f)Rule of constructionNothing in this section shall be construed to prohibit the Secretary of Defense from using proceeds from commissary store sales or appropriated funds to acquire, lease, construct, convert, expand, improve, repair, maintain, or equip the physical infrastructure of commissary stores and central product processing facilities of the defense commissary system. (g)Annual report on unfunded commissary priorities (1)Annually and not later than ten 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, United States Code, the Director of the Defense Commissary Agency shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Committees on Armed Services of the Senate and the House of Representatives a report on unfunded priorities of the Department of Defense related to commissary facilities.
(2)Each report under paragraph (1) shall include, for each unfunded priority covered by such report, the following: (A)A summary description of such priority, including the objectives to be achieved if such priority were to be funded in whole or in part.
(B)The additional amount of funds recommended in connection with the objectives identified under subparagraph (A). (C)Account information with respect to such priority.
(3)The Director of the Defense Commissary Agency shall ensure that the unfunded priorities covered by a report under paragraph (1) are listed in the order of urgency, as determined by the Director. (4)In this subsection, the term unfunded priority, with respect to a fiscal year, means an activity related to commissary facilities that—
(A)is not funded in the budget of the President for that fiscal year; (B)is necessary to address commissary facilities safety, capacity, usability, and reliability needs; and
(C)would have been recommended for funding through such budget if additional resources had been available..
Section 922
2863. Expansion of exceptions to restriction on development of public infrastructure in connection with realignment of marine corps forces in Asia Pacific region Section 2844(b)(2) of the National Defense Authorization Act for Fiscal Year 2017 is amended by inserting , including operations and maintenance for the curation of archeological and cultural artifacts. after artifacts.
Section 923
2864. Cooperative agreements with respect to management of land and cultural resources located on military installations Section 103A of the Sikes Act (Public Law 86–797; 16 U.S.C. 670c–1) is amended— in subsection (a)— in the heading, by striking of Secretary of military department and inserting to enter into cooperative agreements; and by striking of a military department and inserting of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy,; in subsection (b)— in paragraph (1), by inserting , or the Department of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy, after Department of Defense; and in paragraph (3)— by inserting or the Secretary of Homeland Security after Secretary of Defense; and by striking congressional defense committees and inserting appropriate congressional committees; and by adding at the end the following: In this section, the term appropriate congressional committees means— the Committees on Armed Services of the House of Representatives and the Senate; the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Natural Resources of the House of Representatives; and the Committee on Commerce, Science, and Transportation of the Senate. Section 2684(a) of title 10, United States Code, is amended by striking Secretary of a military department and inserting Secretary concerned. Section 2684a of title 10, United States Code, is amended— in subsection (a)— by striking Secretary of a military department and inserting Secretary concerned; and by striking the comma after National Guard installation; in subsection (b)(2), by striking concerned; in subsection (c), by striking Secretary of a military department and inserting Secretary concerned; in subsection (e)(4)— in subparagraph (D)(i)— by inserting and, with respect to matters concerning the Coast Guard, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate after House of Representatives; and in subclause (I), by inserting concerned after Secretary; and in subparagraph (E)(i), by inserting , the Department of Homeland Security, after Department of Defense; in subsection (h)— in paragraph (1)— by striking of the military departments and inserting concerned; and by inserting and, with respect to the Coast Guard, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate after House of Representatives; and in paragraph (2)(F), by inserting or the Secretary of Homeland Security with respect to matters concerning the Coast Guard when the Coast Guard is not operating as a service in the Navy after Secretary of Defense; in subsection (j), by inserting Coast Guard, after Space Force, each place it appears; and in subsection (k)— by striking paragraph (1); and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (d)Appropriate congressional committees definedIn this section, the term appropriate congressional committees means— (1)the Committees on Armed Services of the House of Representatives and the Senate;
(2)the Committee on Transportation and Infrastructure of the House of Representatives; (3)the Committee on Natural Resources of the House of Representatives; and
(4)the Committee on Commerce, Science, and Transportation of the Senate..
Section 924
2865. Limitation on the use of funds for implementing certain energy efficiency building codes None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to implement section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), or any rules or regulations issued under such section, on property owned or leased by the Secretary of Defense or property used for purposes of national defense, unless the Secretary of Defense determines that such implementation would enhance military readiness, operational effectiveness, mitigate contested logistics risk, or increase mission assurance.
Section 925
2866. Limitation on use of funds for contravention or reversal of implementation of recommendations of commission on the naming of certain items of the Department of Defense None of the funds authorized to be appropriated or otherwise made available by this Act may be used to contravene or reverse the implementation of the recommendations of the commission on the naming of items of the Department of Defense that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America established pursuant to section 370 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
Section 926
2867. Limitation on use of funds to reduce capabilities or staffing of Department of Defense military treatment facilities located inside the United States None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used to reduce the mission capabilities or staffing at a military treatment facility under the jurisdiction of the Department of Defense located inside the United States until the date on which the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General of the United States a cost-benefit analysis that includes, with respect to the military treatment facility— an identification of the average daily patient load; an estimate of the savings to the United States that would arise from a reduction in mission capabilities or staffing; an estimate of the cost to the United States to— transfer the functions of the military treatment facility— to a medical facility under the jurisdiction of the Department of Veterans Affairs; or private health care facilities to furnish health care to eligible beneficiaries using TRICARE; and maintain infrastructure used by the military treatment facility as of the date of the enactment of this Act that the Secretary intends to— close; convert to an outpatient health care facility; or use for a non-medical purpose; an estimate of the increase to transportation costs with respect to medical care for individuals who receive at the medical treatment facility that would arise from a reduction in mission capabilities or staffing; a list of non-Department of Defense medical facilities located within 20 miles of the medical treatment facilities that provide medical care that is substantially similar to the medical care provided by the medical treatment facility; a plan for the disposition of medical equipment and other Department-owned assets pursuant to a reduction in mission capabilities or staffing; and an assessment of the effects of such a reduction on military readiness. Not later than 30 days after any date on which the Secretary submits a cost-benefit analysis under subsection (a), the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate an independent assessment of the cost-benefit analysis.
Section 927
2868. Notice relating to contracts or other agreements to establish an enduring location in a foreign country Not later than 30 days after the date on which the Secretary of Defense, a Secretary of a military department, or a combatant commander enters into a contract or other agreement to establish an enduring location (as described in section 2687a of title 10, United States Code) in a foreign country for purposes of supporting members of the Armed Forces in such foreign country, the Secretary of Defense shall submit to appropriate congressional defense committees a notification of such action. The notification described in subsection (a) shall include, with respect to the foreign country to which such contract or other agreement relates, a determination of whether a unit of a foreign security force of such foreign country has committed a gross violation of human rights (as described in section 362 of title 10, United States Code).
Section 928
2869. Designation of official responsible for coordination of defense sites within area of responsibility of Joint Region Marianas Not later than 90 days after the date of the enactment of this Act, the Commander of Joint Region Marianas shall designate an official to be responsible for, in coordination with appropriate officials of the military departments (as defined in section 101 of title 10, United States Code) and the United States Indo-Pacific Command— coordinating Department of Defense-wide efforts with respect to the management of defense sites within the Joint Region Marianas area of responsibility; ensuring the continuity of such efforts at such defense sites, including necessary infrastructure investments; and ensuring clear and consistent communication to such Federal, State, and local officials with respect to the needs and priorities of the Department of Defense for such defense sites. In making the designation under subsection (a), the Commander of Joint Region Marianas may appoint an individual with a significant background and expertise in— relevant legal and technical aspects related to land use or real estate issues; and working with officials at all levels of government. Not later than 30 days after the date on which the Commander of Joint Region Marianas designates an individual pursuant to subsection (a), the Commander shall submit to the Committees on Armed Services of the House of Representatives and the Senate and appropriate officials of the defense sites within the Joint Region Marianas area of responsibility a notification that includes the name and contact information of such individual. In this section, the term defense site has the meaning given such term in section 2710 of title 10, United States Code.
Section 929
2870. Report on threat of fiber optic-controlled drones The Secretary of Defense shall submit to Congress a report containing an evaluation of— the threat of fiber optic-controlled unmanned aircraft systems to U.S. military installations, operations, and personnel; and the use of such systems by foreign adversaries for surveillance and targeting.
Section 930
2871. Prohibition of use on military installations of social media controlled by foreign adversaries No person may use a Government-owned device to access or use social media controlled by a foreign adversary while present on a military installation. In this section: The term controlled by a foreign adversary has the meaning given such term in section 2 of the Protecting Americans from Foreign Adversary Controlled Applications Act (division H of Public Law 118–50; 15 U.S.C. 9901). The term military installation has the meaning given such term in section 2801 of title 10, United States Code.
Section 931
2872. Study and report on certain investments in critical infrastructure in Hawaii Not later than 180 days after the date of the enactment of this section, the Assistant Secretary of Defense for Energy, Installations, and Environment and the Commander of the United States Indo-Pacific Command shall carry out a joint study to assess the critical infrastructure investments in Hawaii across each military department and submit to Congress a report with respect to such study that includes— an identification of existing infrastructure as of the date of the enactment of this section deemed as critical for potential conflict-related needs for military operations in the Indo-Pacific region, disaggregated by— military infrastructure; and civilian infrastructure; estimated future requirements for military infrastructure in the Indo-Pacific region based on mission growth and evolving threats; and a prioritized list of military construction projects planned to be carried out during the five-year period beginning on the date of the submission of the report that the Assistant Secretary and the Commander determine are critical to potential conflict-related needs that includes, for each such military construction project, an identification of— the estimated total cost; the location; and the military department concerned.
Section 932
2873. Survey of certain counties for placement of facilities Not later than one year afer the date of the enactment of this Act, the Secretary of Defense shall submit to Congress the results of a survey of the counties described in subsection (b) to assess potential placement of operational, training, or other facilities for use by the military departments in such counties. The counties described in this subsection are located in the State of North Carolina and are as follows: Buncombe County. Cherokee County. Clay County. Graham County. Haywood County. Henderson County. Jackson County. Macon County. Madison County. McDowell County. Polk County. Rutherford County. Swain County. Transylvania County. Yancey County. The survey required under subsection (a) shall include the following: An assessment of the mountainous and varied terrains in the areas described in subsection (b) and the feasibility of programs that use this geography, including programs for basic survival skills, dam and reservoir exercises, whitewater rafting exercises, thick vegetation exercises, air drop exercises, and mountainous warfare exercises. An evaluation of defense assets located in the State of North Carolina and the lack of defense assets in the area described in subsection (b). The survey shall assesses the feasibility of the placement of operational, training, and other facilities as follows: Consideration of relevant civilian assets in the area described in subsection (b). Consideration of assets of Department of Defense contractors in such area. Proximity of such to current defense assets, including Fort Liberty. Consideration of the geographic similarities of such area to geographic regions critical to United States defense policy, including the Indo-Pacific region, Europe, the Middle East, and Africa.
Section 933
2874. Study and report on defense access roads program of the Department of Defense in the Indo-Pacific region Not later than 180 days after the date of the enactment of this section, the Assistant Secretary of Defense for Energy, Installations, and Environment shall carry out a study on the defense access roads program in the Indo-Pacific region and submit to Congress a report that includes the findings of such study. The report required by subsection (a) shall include the following: A list of the roads in the Indo-Pacific built by the defense access roads program during the 40-year period that precedes the date of the enactment of this section approved for inclusion in the program but have not been constructed due to funding limitations. A summary of the current condition of roads funded or approved for funding through the defense access roads program, including an estimate of deferred maintenance costs and the implications for mission accomplishment. An analysis of the extent to which existing statutory and regulatory authorities constrain the ability of the Department of Defense to support transportation infrastructure maintenance investments that directly enable military readiness, including access routes to military installations, ranges, and other critical defense facilities. An assessment of the potential benefits and cost savings of amending the defense access roads program to allow for routine road maintenance and repair in addition to the currently authorized improvements, reconstructions, and capacity enhancements. As assessment of the advisability and suitability of enacting legislative and administrative changes to the defense access roads program to include support for road maintenance and repair activities.
Section 934
2875. Designation of Creech Air Force Base as a remote or isolated installation The Secretary of Defense shall designate Creech Air Force Base, Indian Springs, Nevada, as a remote or isolated installation.
Section 935
2876. Sense of Congress relating the defense community infrastructure program It is the sense of Congress that: Defense community infrastructure program (DCIP) funding should better align with the scale of community requests, which have consistently exceeded available resources. Increased investment in DCIP would support projects essential to readiness and resilience, including transportation, utilities, schools, medical facilities, and workforce housing in defense communities. Congress supports strengthening DCIP to meet infrastructure needs in defense communities and ensure continued mission readiness.
Section 936
2877. Report on Interagency Regional Coordinator for Resilience pilot project Not later than 180 days after the date of enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the implementation of the Interagency Regional Coordinator for Resilience pilot project established under section 2872 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (10 U.S.C. 2864 note). The report submitted under subsection (a) shall include the following: For each established Interagency Regional Coordinator— which community that supports a military installation was selected for a Coordinator and the reasoning for selecting such community; and a description of the ongoing work of the Coordinator. For any Interagency Regional Coordinator position required under the pilot program but not yet established, a plan to establish such position.
Section 937
2878. Establishment of Air Force and Space Force Museum System Chapter 979 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of the Air Force shall support a system of official Air Force and Space Force museums within the Department of the Air Force. Such system shall include the National Museum of the United States Air Force and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Air Force, that meet criteria established under subsection (b). The Secretary of the Air Force shall establish criteria for designating museums of subsection (a) for inclusion in the Air Force and Space Force museum system. Such criteria shall include— historical significance to Air Force and Space Force operations, technology, or personnel; public accessibility and educational outreach programs; and alignment with the mission of the Air Force and Space Force to preserve the heritage of the Air Force and Space Force. The Secretary of the Air Force shall establish criteria for closing museums within the Air Force and Space Force museum system. If the Secretary decides to close a museum in such system, the Secretary shall submit to Congress, not later than 90 days before the date on which the museum closes, notice that includes— a plan for the preservation, storage, or alternate display of historical collections contained in the museum; how any issues relating to museum personnel will be resolved; an identification of any efforts to maintain museum operations through public-private partnerships; and an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum. Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Air Force and Space Force museum system. 9784.Establishment of Air Force and Space Force Museum System (a)In generalThe Secretary of the Air Force shall support a system of official Air Force and Space Force museums within the Department of the Air Force. Such system shall include the National Museum of the United States Air Force and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Air Force, that meet criteria established under subsection (b).
(b)Criteria for designationThe Secretary of the Air Force shall establish criteria for designating museums of subsection (a) for inclusion in the Air Force and Space Force museum system. Such criteria shall include— (1)historical significance to Air Force and Space Force operations, technology, or personnel;
(2)public accessibility and educational outreach programs; and (3)alignment with the mission of the Air Force and Space Force to preserve the heritage of the Air Force and Space Force.
(c)Criteria for closureThe Secretary of the Air Force shall establish criteria for closing museums within the Air Force and Space Force museum system. If the Secretary decides to close a museum in such system, the Secretary shall submit to Congress, not later than 90 days before the date on which the museum closes, notice that includes— (1)a plan for the preservation, storage, or alternate display of historical collections contained in the museum;
(2)how any issues relating to museum personnel will be resolved; (3)an identification of any efforts to maintain museum operations through public-private partnerships; and
(4)an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum. (d)Funding and supportConsistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Air Force and Space Force museum system..
Section 938
9784. Establishment of Air Force and Space Force Museum System The Secretary of the Air Force shall support a system of official Air Force and Space Force museums within the Department of the Air Force. Such system shall include the National Museum of the United States Air Force and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Air Force, that meet criteria established under subsection (b). The Secretary of the Air Force shall establish criteria for designating museums of subsection (a) for inclusion in the Air Force and Space Force museum system. Such criteria shall include— historical significance to Air Force and Space Force operations, technology, or personnel; public accessibility and educational outreach programs; and alignment with the mission of the Air Force and Space Force to preserve the heritage of the Air Force and Space Force. The Secretary of the Air Force shall establish criteria for closing museums within the Air Force and Space Force museum system. If the Secretary decides to close a museum in such system, the Secretary shall submit to Congress, not later than 90 days before the date on which the museum closes, notice that includes— a plan for the preservation, storage, or alternate display of historical collections contained in the museum; how any issues relating to museum personnel will be resolved; an identification of any efforts to maintain museum operations through public-private partnerships; and an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum. Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Air Force and Space Force museum system.
Section 939
2879. Extension of Department of the Army Pilot Program for Development and Use of Online Real Estate Inventory Tool Section 2866(h) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 10 U.S.C. 7771 note prec.) is amended by striking September 30, 2026 and inserting September 30, 2030.
Section 940
3101. National Nuclear Security Administration Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.
Section 941
3102. Defense environmental cleanup Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
Section 942
3103. Other defense activities Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for other defense activities in carrying out programs as specified in the funding table in section 4701.
Section 943
3104. Nuclear energy Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for nuclear energy as specified in the funding table in section 4701.
Section 944
3111. Plutonium pit production capacity Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended— by redesignating subsections (f), (g), and (h) as subsections (g), (i), and (h), respectively; by moving subsection (i), as so redesignated, so as to appear after subsection (h), as so redesignated; in subsection (i), as so redesignated, by striking this subsection and inserting this section; and by inserting after subsection (e) the following new subsection (f): In carrying out subsection (a), the Secretary of Energy shall— ensure that Los Alamos National Laboratory, Los Alamos, New Mexico, has the ability to reliably produce not less than 30 war reserve plutonium pits annually; and ensure that the Savannah River Plutonium Processing Facility at the Savannah River Site, Aiken, South Carolina, has the ability to reliably produce not less than 50 war reserve plutonium pits annually. (f)CapacityIn carrying out subsection (a), the Secretary of Energy shall— (1)ensure that Los Alamos National Laboratory, Los Alamos, New Mexico, has the ability to reliably produce not less than 30 war reserve plutonium pits annually; and
(2)ensure that the Savannah River Plutonium Processing Facility at the Savannah River Site, Aiken, South Carolina, has the ability to reliably produce not less than 50 war reserve plutonium pits annually..
Section 945
3112. Stockpile responsiveness and rapid capabilities programs of the National Nuclear Security Administration Subtitle A of title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended— in section 4220(c)— in paragraph (3)— by striking Periodically and inserting Continually; and by inserting integrated system demonstrations, after flight testing,; and in paragraph (4)— by striking Shorten and inserting Develop technologies for transition to a nuclear stockpile life extension program or new nuclear weapon program project that have the potential to reduce; and by striking and timelines to minimize and all that follows through the end of the paragraph and inserting cost and schedule; and by adding at the end of the following new section: The Secretary of Energy, acting through the Administrator and in coordination with the Secretary of Defense, shall carry out a program (to be known as the rapid capabilities program) to develop new nuclear weapons or modified nuclear weapons that meet military requirements. The program under subsection (a) shall have the following objectives: Identify and assess potential design concepts for rapid development feasability. Carry out projects with the goal of achieving first production unit within 5 years of project initiation. Utilize non-traditional approaches, system-specific requirements, and tailored risk-acceptance processes to favorably balance cost, schedule, and capability. Maximize reuse of existing components, non-serial manufacturing, and limited production quantities. Minimize distribution to other major nuclear weapons stockpile modernization programs. Develop institutional expertise within the nuclear security enterprise for rapid execution of all phases for the joint nuclear weapons life cycle process. In accordance with the requirements under section 4209, for each budget submitted by the President to Congress under section 1105 of title 31, United States Code, the amounts requested for the program under this section shall be clearly identified in the budget justification materials submitted to Congress in support of that budget. In this section, the term joint nuclear weapons life cycle process means the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons. The table of contents for such Act is amended by inserting after the item relating to section 4224 the following new item: 4225.Rapid capabilities program
(a)In generalThe Secretary of Energy, acting through the Administrator and in coordination with the Secretary of Defense, shall carry out a program (to be known as the rapid capabilities program) to develop new nuclear weapons or modified nuclear weapons that meet military requirements. (b)ObjectivesThe program under subsection (a) shall have the following objectives:
(1)Identify and assess potential design concepts for rapid development feasability. (2)Carry out projects with the goal of achieving first production unit within 5 years of project initiation.
(3)Utilize non-traditional approaches, system-specific requirements, and tailored risk-acceptance processes to favorably balance cost, schedule, and capability. (4)Maximize reuse of existing components, non-serial manufacturing, and limited production quantities.
(5)Minimize distribution to other major nuclear weapons stockpile modernization programs. (6)Develop institutional expertise within the nuclear security enterprise for rapid execution of all phases for the joint nuclear weapons life cycle process.
(c)Program budgetIn accordance with the requirements under section 4209, for each budget submitted by the President to Congress under section 1105 of title 31, United States Code, the amounts requested for the program under this section shall be clearly identified in the budget justification materials submitted to Congress in support of that budget. (d)Joint nuclear weapons life cycle process definedIn this section, the term joint nuclear weapons life cycle process means the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons.. Sec. 4225. Rapid capabilities program..
Section 946
4225. Rapid capabilities program The Secretary of Energy, acting through the Administrator and in coordination with the Secretary of Defense, shall carry out a program (to be known as the rapid capabilities program) to develop new nuclear weapons or modified nuclear weapons that meet military requirements. The program under subsection (a) shall have the following objectives: Identify and assess potential design concepts for rapid development feasability. Carry out projects with the goal of achieving first production unit within 5 years of project initiation. Utilize non-traditional approaches, system-specific requirements, and tailored risk-acceptance processes to favorably balance cost, schedule, and capability. Maximize reuse of existing components, non-serial manufacturing, and limited production quantities. Minimize distribution to other major nuclear weapons stockpile modernization programs. Develop institutional expertise within the nuclear security enterprise for rapid execution of all phases for the joint nuclear weapons life cycle process. In accordance with the requirements under section 4209, for each budget submitted by the President to Congress under section 1105 of title 31, United States Code, the amounts requested for the program under this section shall be clearly identified in the budget justification materials submitted to Congress in support of that budget. In this section, the term joint nuclear weapons life cycle process means the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons.
Section 947
3121. Modification to reporting requirements with respect to nuclear weapons stockpile stewardship, management, and responsiveness plan Section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) is amended— in subsection (b)— by striking paragraph (1); by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and in paragraph (1), as so redesignated— by striking subsection (d) and inserting subsection (c); by striking March 15 of each odd-numbered year and inserting 45 days after each date on which a budget for an odd-numbered fiscal year is submitted to Congress; and in paragraph (2), as so redesignated, by striking summaries and reports and inserting report; by striking subsection (c); by redesignating subsections (d) through (f) as subsections (c) through (e), respectively; and in subsections (c) and (d), as so redesignated, by striking subsection (b)(2) each place it appears and inserting subsection (b)(1).
Section 948
3122. Assessment of the National Nuclear Security Administration Spent Fuel Handling Recapitalization Project The Deputy Administrator for Naval Reactors of the National Nuclear Security Administration shall carry out an independent assessment of the Spent Fuel Handling Recapitalization Project. The assessment required under subsection (a) shall include, with respect to such project— a root cause analysis to determine the underlying causes of the cost overruns, schedule delays and performance shortcomings; an analysis of— the quality assurance program of such project; and the corrective action processes and application of standards for nuclear quality assurance under such quality assurance program; and any other matter the Deputy Administrator determines appropriate. Not later than 30 days after the date on which the Deputy Administrator completes the assessment required under subsection (a), the Deputy Administrators shall submit to the congressional defense committees and the Comptroller General of the United States a report that includes the findings of such assessments.
Section 949
3123. Limitation relating to reclassification of high-level waste Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Energy may be obligated or expended by the Secretary of Energy to apply the interpretation of high-level radioactive waste described in the notice published by the Secretary titled Supplemental Notice Concerning U.S. Department of Energy Interpretation of High-Level Radioactive Waste (84 Fed. Reg. 26835), or successor notice, with respect to such waste located in the State of Washington. The Secretary may waive the limitation under subsection (a) relating to the reclassification of high-level radioactive waste if— the Secretary submits to the appropriate congressional committees a notice of the waiver that includes— a justification for such reclassification; documentation from both the Environmental Protection Agency and the Department of Ecology of the State of Washington that indicates that such Agency and Department, respectively, concur with such reclassification, as required by the Hanford Federal Facility Agreement and Consent Order, signed on January 10, 2025; and a period of 60 days has elapsed following the submission of such notice. In this section, the term appropriate congressional committees means the following: The Committees on Armed Services of the House of Representatives and the Senate. The Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate.
Section 950
3124. Notification requirement with respect to nuclear power in Guam Except as provided in subsection (b), the Secretary of Defense shall, not later than 180 days before any date on which the Secretary carries out the placement of a nuclear reactor in Guam, submit to Congress and the Governor of Guam a notification of such placement. Subsection (a) shall not apply to a nuclear reactor aboard a naval vessel. In this section, the term nuclear reactor has the meaning given the term advanced nuclear reactor in section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271).
Section 951
3125. Plan to modernize nuclear security enterprise Not later than 90 days after the date of the enactment of this section, the Administrator for Nuclear Security shall develop a plan— to accelerate and modernize material staging capabilities to replace aged, over-subscribed facilities within the nuclear security enterprise, which shall include a description of all phases and an estimate of the costs required to carry out such plan; and to accelerate near-term critical decisions milestones in fiscal year 2026. The Administrator for Nuclear Security shall carry out the plan required by subsection (a) concurrently with an infrastructure modernization program for high explosives capabilities, including continued construction of the High Explosives Synthesis Formulation and Production facility (21-D-510). Not later than 180 days after the date of the enactment of this section, the Administrator for Nuclear Security shall provide to the appropriate congressional committees a briefing with respect to the plan for material staging capabilities required by subsection (a). In this subsection, the term appropriate congressional committees means— the Committees on Armed Services of the House of Representatives and the Senate; and the Committees on Appropriations of the House of Representatives and the Senate.
Section 952
3126. Expansion of other transaction authority for National Nuclear Safety Administration Section 4832 of the Atomic Energy Defense Act (50 U.S.C. 2812) is amended— in subsection (b)— in paragraph (2) by striking ; and; by redesignating paragraph (3) as paragraph (4); and by inserting after paragraph (2), the following new paragraph (3): demonstration of novel construction techniques, materials, processes and systems to replace obsolete or aging manufacturing facilities and site infrastructure; and by adding at the end the following new subsection— In carrying out this section, the Administrator may exercise the same authority to enter into transactions (other than contracts, cooperative agreements, and grants), subject to the same terms and conditions as the Secretary of Defense and the Secretaries of the military departments under section 4022 of title 10 (other than subsection (i) of that section), as amended from time to time. In applying section 4022 of title 10 to the Administrator under paragraph (1)— the terms Department of Defense and Department shall be replaced by the term National Nuclear Security Administration; the phrase to improvement of platforms, systems, components, or materials in use by the armed forces shall be replaced by are directly relevant to improvement of manufacturing technologies, production facilities and related site infrastructure at nuclear weapons production facilities; the term follow-on production shall be replaced by the term follow-on activity; the phrase a covered official shall be replaced by the phrase the senior procurement executive for the Administration; the term Secretary of Defense shall be replaced by the term Administrator; the phrase chapter 221 of this title shall be replaced by the phrase chapter 33 of title 41; the phrase chapter 137 of this title shall be replaced by the phrase Division C of Subtitle I of title 41; and subsection (d)(6) is amended to read as follows: The authority of the Administrator under paragraph (1) shall not be subject to section 16352 of title 42. (3)demonstration of novel construction techniques, materials, processes and systems to replace obsolete or aging manufacturing facilities and site infrastructure; and; and (c)Authority of the Administrator to carry out certain prototype projects (1)In carrying out this section, the Administrator may exercise the same authority to enter into transactions (other than contracts, cooperative agreements, and grants), subject to the same terms and conditions as the Secretary of Defense and the Secretaries of the military departments under section 4022 of title 10 (other than subsection (i) of that section), as amended from time to time.
(2)In applying section 4022 of title 10 to the Administrator under paragraph (1)— (A)the terms Department of Defense and Department shall be replaced by the term National Nuclear Security Administration;
(B)the phrase to improvement of platforms, systems, components, or materials in use by the armed forces shall be replaced by are directly relevant to improvement of manufacturing technologies, production facilities and related site infrastructure at nuclear weapons production facilities; (C)the term follow-on production shall be replaced by the term follow-on activity;
(D)the phrase a covered official shall be replaced by the phrase the senior procurement executive for the Administration; (E)the term Secretary of Defense shall be replaced by the term Administrator;
(F)the phrase chapter 221 of this title shall be replaced by the phrase chapter 33 of title 41; (G)the phrase chapter 137 of this title shall be replaced by the phrase Division C of Subtitle I of title 41; and
(H)subsection (d)(6) is amended to read as follows:The term "follow-on activity contract or transaction means a contract or transaction to further develop, test, produce, license, deploy, operate, maintain or sustain a capability that was successfully developed under the authority established in subsection (a). (3)The authority of the Administrator under paragraph (1) shall not be subject to section 16352 of title 42..
Section 953
3201. Authorization There are authorized to be appropriated for fiscal year 2026, $45,000,000 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.).
Section 954
3401. Authorization of appropriations There are authorized to be appropriated to the Secretary of Energy $13,000,000 for fiscal year 2026 for the purpose of carrying out activities under chapter 869 of title 10, United States Code, relating to the naval petroleum reserves. Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.
Section 955
3501. Authorization of appropriations for Maritime Administration There are authorized to be appropriated to the Department of Transportation for fiscal year 2026, for programs associated with maintaining the United States Merchant Marine, the following amounts: For expenses necessary to support the United States Merchant Marine Academy, $201,500,000, of which— $101,500,000 shall be for Academy operations; $50,000,000 shall be for facilities maintenance and repair and equipment; and $50,000,000 shall be for the development of a design-build plan for the phased rehabilitation, modernization, and construction of facilities and infrastructure at the United States Merchant Marine Academy in accordance with the Campus Modernization Plan required by section 51329 of title 46, United States Code, as added by section 3531. For expenses necessary to support the State maritime academies, $58,800,000, of which— $4,800,000 shall be for the Student Incentive Payment Program; $13,000,000 shall be for direct payments for State maritime academies; $12,000,000 shall be for training ship fuel assistance; $4,000,000 shall be for offsetting the costs of training ship sharing; and $25,000,000 shall be for maintenance and repair of State maritime academy training vessels. 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. For expenses necessary to support Maritime Administration operations and programs, $105,500,000, of which— $15,000,000 shall be for the maritime environmental and technical assistance program under section 50307 of title 46, United States Code; $15,000,000 shall be for the United States marine highway program, including to make grants authorized under section 55601 of title 46, United States Code; $2,000,000 shall be for the Office of Environment and Compliance, including to assist in the environmental review of grant and permit programs administered by the Maritime Administration; and $73,500,000 shall be for headquarters operations expenses. For expenses necessary for the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $6,000,000. 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, $390,000,000. 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 534 of title 46, United States Code, $122,400,000. For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,700,000, of which— $30,000,000 may be used 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 $3,700,000 may be used for administrative expenses relating to loan guarantee commitments under the program. For expenses necessary to provide assistance to small shipyards and for maritime training programs authorized under section 54101 of title 46, United States Code, $105,000,000. For expenses necessary to implement the port infrastructure development program, as authorized under section 54301 of title 46, United States Code, subject to the limitation under subsection (b), $550,000,000, to remain available until expended. No funds may be obligated or expended for the port infrastructure development program pursuant to subsection (a)(9) to make a grant to be used for the purchase of fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary of Transportation determines such equipment would result in a net loss of jobs within a port or port terminal. If the Secretary makes a determination pursuant to paragraph (1), not later than three days after the date on which such determination is made, the Secretary 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 the data and analysis used by the Secretary in making such determination.
Section 956
3511. Clarification regarding use of port infrastructure development program funds to replace Chinese port crane hardware or software Section 54301(a)(3)(A)(ii)(III) of title 46, United States Code, is amended— by striking including projects to improve port resilience; and inserting including—; and by adding at the end the following new items: projects to improve port resilience; and projects to upgrade or replace port cranes or parts of port cranes (including hardware and software) that— were installed or provided by the People's Republic of China or any department, ministry, center, agency, or instrumentality of the Government of the People's Republic of China; or are maintained, controlled, or sponsored by the People's Republic of China or any department, ministry, center, agency, or instrumentality of the Government of the People's Republic of China; (aa)projects to improve port resilience; and
(bb)projects to upgrade or replace port cranes or parts of port cranes (including hardware and software) that— (AA)were installed or provided by the People's Republic of China or any department, ministry, center, agency, or instrumentality of the Government of the People's Republic of China; or
(BB)are maintained, controlled, or sponsored by the People's Republic of China or any department, ministry, center, agency, or instrumentality of the Government of the People's Republic of China;.
Section 957
3512. Clarification of certain authorities relating to deepwater ports Section 5(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(a)) is amended by striking the first sentence and inserting Notwithstanding section 888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)), the Secretary shall have the authority to issue regulations to carry out the purposes and provisions of this Act, in accordance with the provisions of section 553 of title 5, United States Code, without regard to subsection (a) thereof.. Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by striking subsection (f) and inserting the following: In this subsection, the term lead agency has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). For all applications, the Department of Transportation shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to this Act. Not later than 18 months after the date of the enactment of this Act, the Commandant of the Coast Guard shall transfer the authorities provided to the Coast Guard in part 148 of title 33, Code of Federal Regulations (as in effect on the date of the enactment of this Act), except as provided in paragraph (2), to the Secretary of Transportation. The Commandant shall retain responsibility for authorities pertaining to design, construction, equipment, and operation of deepwater ports and navigational safety. As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to reflect the updates to authorities prescribed by this subsection. Nothing in this section, or the amendments made by this section, may be construed to limit the authorities of other governmental agencies previously delegated authorities of the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) or any other law. Nothing in this section, or the amendments made by this section, shall apply to any application submitted before the date of the enactment of this Act. (f)NEPA compliance (1)Definition of lead agencyIn this subsection, the term lead agency has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).
(2)Lead agency
(A)In generalFor all applications, the Department of Transportation shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B)Effect of complianceCompliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to this Act..
Section 958
3513. Eligibility of shore power projects under port infrastructure development program In making port infrastructure development grants under section 54301 of title 46, United States Code, for fiscal year 2026, the Secretary of Transportation shall treat a project described in subsection (b) as— having met the requirements of paragraph (1) and (6)(A)(i) of section 54301(a) of such title; and being an eligible project under section 5430l(a)(3) of such title. A project described in this subsection is a project to provide shore power at a port that services both of the following: Passenger vessels described in section 3507(k) of title 46, United States Code. Vessels that move goods or freight.
Section 959
3521. Report on use of commercial contracting agent for crewing and operation of military sealift command vessels Not later than April 1, 2026, the Secretary of the Navy, in consultation with the Administrator of the Maritime Administration, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of a commercial contracting agent for the crewing and operation of military sealift command vessels. The report required under subsection (a) shall contain each of the following: An assessment of whether the crewing and operation of military sealift command vessels through the use of a commercial contracting agent would mitigate the shortage of civilian mariners and increase availability of military sealift command vessels. Any examples of operations within the Military Sealift Command being carried out through a contract, as of the date of the enactment of this Act. An identification of potential cost savings associated with the crewing and operation of military sealift command vessels through the use of a commercial contracting agent. An identification of specific military sealift command vessels or missions that may be suitable for crewing or operation through the use of a commercial contracting agent.
Section 960
3531. United States Merchant Marine Academy campus modernization plan Chapter 513 of title 46, United States Code, is amended by adding at the end the following new section: The Secretary shall carry out a comprehensive Campus modernization plan for the United States Merchant Marine Academy. Such plan shall provide for each of the following: The construction of new facilities or the significant renovation of existing facilities to provide— standards of training, certification, and watchkeeping applications laboratories; a safety of life at sea training pool; engineering power plant laboratories; athletic facilities that meet the needs of both male and female midshipmen; enhanced waterfront facilities, including a new pier; a visitor welcome center and main campus security office building; housing facilities for senior staff and faculty; and sufficient parking facilities for faculty, staff, and campus visitors. Upgrades to all classrooms and laboratories with modern information technology infrastructure. A campus-wide upgrade and retrofit of— the electric distribution power grid; the sanitary sewer system piping; the storm drainage system; and the drinking water system, including development of a separate and redundant fire suppression system. Renovations of campus facilities to ensure that all campus facilities— are structurally sound; have reliable heating and air conditioning systems; have functioning plumbing and electrical systems; are protected from the elements, including through roof replacements and window repairs or replacements, as needed; are accessible in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and have working fire alarm and fire suppression systems. Consistent with the requirements of section 3515(d)(3) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), the Administrator shall seek to enter into an agreement with a Federal construction agent to carry out the campus modernization plan. The table of sections for chapter 513 of title 46, United States Code, is amended by adding at the end the following new item: The Secretary of Transportation shall develop and begin to implement the campus modernization plan required under section 51329 of title 46, United States Code, by not later than 180 days after the date of the enactment of this Act. 51329.Campus modernization plan
(a)In generalThe Secretary shall carry out a comprehensive Campus modernization plan for the United States Merchant Marine Academy. Such plan shall provide for each of the following: (1)The construction of new facilities or the significant renovation of existing facilities to provide—
(A)standards of training, certification, and watchkeeping applications laboratories; (B)a safety of life at sea training pool;
(C)engineering power plant laboratories; (D)athletic facilities that meet the needs of both male and female midshipmen;
(E)enhanced waterfront facilities, including a new pier; (F)a visitor welcome center and main campus security office building;
(G)housing facilities for senior staff and faculty; and (H)sufficient parking facilities for faculty, staff, and campus visitors.
(2)Upgrades to all classrooms and laboratories with modern information technology infrastructure. (2)A campus-wide upgrade and retrofit of—
(A)the electric distribution power grid; (B)the sanitary sewer system piping;
(C)the storm drainage system; and (D)the drinking water system, including development of a separate and redundant fire suppression system.
(3)Renovations of campus facilities to ensure that all campus facilities— (A)are structurally sound;
(B)have reliable heating and air conditioning systems; (C)have functioning plumbing and electrical systems;
(D)are protected from the elements, including through roof replacements and window repairs or replacements, as needed; (E)are accessible in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
(F)have working fire alarm and fire suppression systems. (b)Use of federal construction agentConsistent with the requirements of section 3515(d)(3) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), the Administrator shall seek to enter into an agreement with a Federal construction agent to carry out the campus modernization plan.. 51329. Campus modernization plan..
Section 961
51329. Campus modernization plan The Secretary shall carry out a comprehensive Campus modernization plan for the United States Merchant Marine Academy. Such plan shall provide for each of the following: The construction of new facilities or the significant renovation of existing facilities to provide— standards of training, certification, and watchkeeping applications laboratories; a safety of life at sea training pool; engineering power plant laboratories; athletic facilities that meet the needs of both male and female midshipmen; enhanced waterfront facilities, including a new pier; a visitor welcome center and main campus security office building; housing facilities for senior staff and faculty; and sufficient parking facilities for faculty, staff, and campus visitors. Upgrades to all classrooms and laboratories with modern information technology infrastructure. A campus-wide upgrade and retrofit of— the electric distribution power grid; the sanitary sewer system piping; the storm drainage system; and the drinking water system, including development of a separate and redundant fire suppression system. Renovations of campus facilities to ensure that all campus facilities— are structurally sound; have reliable heating and air conditioning systems; have functioning plumbing and electrical systems; are protected from the elements, including through roof replacements and window repairs or replacements, as needed; are accessible in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and have working fire alarm and fire suppression systems. Consistent with the requirements of section 3515(d)(3) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), the Administrator shall seek to enter into an agreement with a Federal construction agent to carry out the campus modernization plan.
Section 962
3532. Cargoes procured, furnished, or financed by United States Government Section 55305 of title 46, United States Code, is amended— in subsection (a) by striking When the United States Government and inserting Except as provided in subsection ( c), when the United States Government; by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and by inserting after subsection (b) the following: When the Department of Transportation procures, contracts for, or otherwise obtains for its own account, or provides financing in any way with Federal funds or advances funds or credits, for the furnishing or obtaining of the equipment, materials, or commodities, the Secretary of Transportation or recipient of such financing shall take steps necessary and practicable to ensure that 100 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, as provided under subsection (b), to the extent such vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas. (c)ExceptionWhen the Department of Transportation procures, contracts for, or otherwise obtains for its own account, or provides financing in any way with Federal funds or advances funds or credits, for the furnishing or obtaining of the equipment, materials, or commodities, the Secretary of Transportation or recipient of such financing shall take steps necessary and practicable to ensure that 100 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, as provided under subsection (b), to the extent such vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas..
Section 963
3533. Treatment of the University of Louisiana Maritime Academy as a State maritime academy Notwithstanding the requirements of section 51506 of title 46, United States Code, and except as provided in subsection (b), during the two-year period beginning on the date of the enactment of this Act, the Secretary of Transportation shall treat the University of Louisiana State Maritime Academy in the same manner as a State maritime academy under chapter 515 of title 46, United States Code. Subsection (a) shall not apply after the date on which the University of Louisiana is fully recognized as a State maritime academy under chapter 515 of title 46, United States Code.
Section 964
3534. Design and construction of missile instrumentation range safety vessels Subject to the availability of appropriations, the Secretary of Transportation, in consultation with the Director of the Missile Defense Agency, shall complete the design of missile instrumentation range safety vessels for the National Defense Reserve Fleet to allow for the construction of such vessels to begin in fiscal year 2027. Notwithstanding section 8679 of title 10, United States Code, and subject to the availability of appropriations, the Secretary of the Transportation, in consultation with the Director of the Missile Defense Agency, shall seek to enter into an agreement with an appropriate vessel construction manager under which the vessel construction manager shall enter into a contract for the construction of not more than two such vessels in accordance with this section. Subject to paragraph (2), a vessel constructed pursuant to this section shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government. The Secretary of Transportation shall consult and coordinate with the Director of the Missile Defense Agency and may consult with the heads of other appropriate Federal agencies regarding the vessel referred to in subsection (a) and activities associated with such vessel. None of the funds authorized to be appropriated by this Act or otherwise made available to carry out this section may be used for the procurement of any used vessel. The Director of the Missile Defense Agency may transfer amounts authorized to be appropriated for the Missile Defense Agency for research, development, test, and evaluation to the Secretary of Transportation, to be used for the purposes authorized by this section. Any amount transferred pursuant to this subsection shall retain its original period of availability.
Section 965
4001. Authorization of amounts in funding tables 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. 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— be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and comply with other applicable provisions of law. 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. This section applies to any classified annex that accompanies this Act. No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.
Section 966
4101. Procurement
Section 967
4201. Research, development, test, and evaluation
Section 968
4301. Operation and maintenance
Section 969
4401. Military personnel
Section 970
4501. Other authorizations
Section 971
4601. Military construction
Section 972
4701. Department of Energy national security programs
Section 973
5101. Short title This title may be cited as the Anti-CBDC Surveillance State Act.
Section 974
5102. Prohibition on Federal reserve banks relating to certain products or services for individuals and prohibition on directly issuing a central bank digital currency Section 16 of the Federal Reserve Act (12 U.S.C. 411 et seq.) is amended by adding at the end the following new paragraph: A Federal reserve bank may not— offer financial products or services directly to an individual; maintain an account on behalf of an individual; or issue a central bank digital currency, or any digital asset that is substantially similar under any other name or label. In this paragraph, the term central bank digital currency has the meaning given that term under section 10(11)(D). (18)
(A)A Federal reserve bank may not— (i)offer financial products or services directly to an individual;
(ii)maintain an account on behalf of an individual; or (iii)issue a central bank digital currency, or any digital asset that is substantially similar under any other name or label.
(B)In this paragraph, the term central bank digital currency has the meaning given that term under section 10(11)(D)..
Section 975
5103. Prohibition on Federal reserve banks indirectly issuing a central bank digital currency Section 16 of the Federal Reserve Act (12 U.S.C. 411 et seq.), as amended by section 5102, is further amended by adding at the end the following paragraph: A Federal reserve bank may not offer a central bank digital currency, or any digital asset that is substantially similar under any other name or label, indirectly to an individual through a financial institution or other intermediary. In this paragraph, the term central bank digital currency has the meaning given that term under section 10(11)(D). (19)
(A)A Federal reserve bank may not offer a central bank digital currency, or any digital asset that is substantially similar under any other name or label, indirectly to an individual through a financial institution or other intermediary. (B)In this paragraph, the term central bank digital currency has the meaning given that term under section 10(11)(D)..
Section 976
5104. Prohibition with respect to central bank digital currency Section 10 of the Federal Reserve Act (12 U.S.C. 241 et seq.) is amended by inserting before paragraph (12) the following: The Board of Governors of the Federal Reserve System may not test, study, develop, create, or implement a central bank digital currency, or any digital asset that is substantially similar under any other name or label. The Board of Governors of the Federal Reserve System and the Federal Open Market Committee may not use a central bank digital currency to implement monetary policy, or any digital asset that is substantially similar under any other name or label. Subparagraph (A) and sections 16(18)(A)(iii) and 16(19)(A) may not be construed to prohibit any dollar-denominated currency that is open, permissionless, and private, and fully preserves the privacy protections of United States coins and physical currency. In this paragraph, the term central bank digital currency means a form of digital money or monetary value that is— denominated in the national unit of account; a direct liability of the Federal Reserve System; and widely available to the general public. (11)Prohibition with respect to central bank digital currency (A)In generalThe Board of Governors of the Federal Reserve System may not test, study, develop, create, or implement a central bank digital currency, or any digital asset that is substantially similar under any other name or label.
(B)Monetary policyThe Board of Governors of the Federal Reserve System and the Federal Open Market Committee may not use a central bank digital currency to implement monetary policy, or any digital asset that is substantially similar under any other name or label. (C)ExceptionSubparagraph (A) and sections 16(18)(A)(iii) and 16(19)(A) may not be construed to prohibit any dollar-denominated currency that is open, permissionless, and private, and fully preserves the privacy protections of United States coins and physical currency.
(D)Central bank digital currency definedIn this paragraph, the term central bank digital currency means a form of digital money or monetary value that is— (i)denominated in the national unit of account;
(ii)a direct liability of the Federal Reserve System; and (iii)widely available to the general public..
Section 977
5105. Sense of Congress It is the sense of Congress that the Board of Governors of the Federal Reserve System currently does not have the authority to issue a central bank digital currency, or any digital asset that is substantially similar under any other name or label, and will not have such authority unless Congress grants it under Congress’s Article 1 Section 8 powers.
Section 978
6101. Short title This division may be cited as the Coast Guard Authorization Act of 2025.
Section 979
6102. Authorization of appropriations Section 4902 of title 14, United States Code, is amended— in the matter preceding paragraph (1) by striking fiscal years 2022 and 2023 and inserting fiscal years 2025, 2026, 2027, 2028, and 2029; in paragraph (1)— in subparagraph (A) by striking clauses (i) and (ii) and inserting the following: $11,287,500,000 for fiscal year 2025; $11,851,875,000 for fiscal year 2026; $13,500,000,000 for fiscal year 2027; $14,500,000,000 for fiscal year 2028; and $15,500,000,000 for fiscal year 2029. in subparagraph (B) by striking $23,456,000 and inserting $25,570,000; and in subparagraph (C) by striking subparagraph (A)(ii), $24,353,000 and inserting clauses (ii), (iii), (iv), and (v) of subparagraph (A), respectively, $26,848,500; in paragraph (2)(A) by striking clauses (i) and (ii) and inserting the following: $3,627,600,000 for fiscal year 2025; $3,651,480,000 for fiscal year 2026; $3,700,000,000 for fiscal year 2027; $3,750,000,000 for fiscal year 2028; and $3,800,000,000 for fiscal year 2029. by striking paragraph (4) and inserting the following: For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for purposes of retired pay, payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10— $1,147,244,000 for fiscal year 2025; $1,057,929,000 for fiscal year 2026; $1,215,000,000 for fiscal year 2027; $1,380,000,000 for fiscal year 2028; and $1,650,000,000 for fiscal year 2029. (i)$11,287,500,000 for fiscal year 2025; (ii)$11,851,875,000 for fiscal year 2026;
(iii)$13,500,000,000 for fiscal year 2027; (iv)$14,500,000,000 for fiscal year 2028; and
(v)$15,500,000,000 for fiscal year 2029.; (i)$3,627,600,000 for fiscal year 2025; (ii)$3,651,480,000 for fiscal year 2026;
(iii)$3,700,000,000 for fiscal year 2027; (iv)$3,750,000,000 for fiscal year 2028; and
(v)$3,800,000,000 for fiscal year 2029. ; and (4)For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for purposes of retired pay, payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10— (A)$1,147,244,000 for fiscal year 2025;
(B)$1,057,929,000 for fiscal year 2026; (C)$1,215,000,000 for fiscal year 2027;
(D)$1,380,000,000 for fiscal year 2028; and (E)$1,650,000,000 for fiscal year 2029..